N.Y. Social Services Law § 459-a: Definitions

§ 459-a. Definitions. As used in this article: 1. "Victim of domestic

violence" means any person over the age of sixteen, any married person

or any parent accompanied by his or her minor child or children in

situations in which such person or such person's child is a victim of an

act which would constitute a violation of the penal law, including, but

not limited to acts constituting disorderly conduct, harassment,

aggravated harassment, sexual misconduct, forcible touching, sexual

abuse, stalking, criminal mischief, menacing, reckless endangerment,

kidnapping, assault, attempted assault, attempted murder, criminal

obstruction of breathing or blood circulation, strangulation, identity

theft, grand larceny or coercion; and

(i) such act or acts have resulted in actual physical or emotional

injury or have created a substantial risk of physical or emotional harm

to such person or such person's child; and

(ii) such act or acts are or are alleged to have been committed by a

family or household member.

2. "Family or household members" mean the following individuals:

(a) persons related by consanguinity or affinity;

(b) persons legally married to one another;

(c) persons formerly married to one another regardless of whether they

still reside in the same household;

(d) persons who have a child in common regardless of whether such

persons are married or have lived together at any time;

(e) unrelated persons who are continually or at regular intervals

living in the same household or who have in the past continually or at

regular intervals lived in the same household;

(f) persons who are not related by consanguinity or affinity and who

are or have been in an intimate relationship regardless of whether such

persons have lived together at any time. Factors that may be considered

in determining whether a relationship is an "intimate relationship"

include, but are not limited to: the nature or type of relationship,

regardless of whether the relationship is sexual in nature; the

frequency of interaction between the persons; and the duration of the

relationship. Neither a casual acquaintance nor ordinary fraternization

between two individuals in business or social contexts shall be deemed

to constitute an "intimate relationship"; or

(g) any other category of individuals deemed to be a victim of

domestic violence as defined by the office of children and family

services in regulation.

3. "Parent" means a natural or adoptive parent or any individual

lawfully charged with a minor child's care or custody.

4. "Residential program for victims of domestic violence" means any

residential care program certified by the department and operated by a

not-for-profit organization in accordance with the regulations of the

department for the purpose of providing emergency shelter, services and

care to victims of domestic violence. Residential programs for victims

of domestic violence shall include, but shall not be limited to:

(a) "Domestic violence shelters", which shall include any residential

care facility organized for the exclusive purpose of providing emergency

shelter, services and care to victims of domestic violence and their

minor children, if any;

(b) "Domestic violence programs" which shall include any facility

which otherwise meets or would meet the requirements of paragraph (a) of

this subdivision, except that victims of domestic violence and their

minor children, if any, constitute at least seventy percent of the

clientele of such program; and

(c) "Safe home networks" which shall include any organized network of

private homes offering emergency shelter and services to victims of

domestic violence and their minor children, if any. Such network shall

be coordinated by a not-for-profit organization.

5. "Non-residential program for victims of domestic violence" means

any program operated by a not-for-profit organization, for the purpose

of providing non-residential services to victims of domestic violence,

including, but not limited to, information and referral services,

advocacy, counseling, and community education and outreach activities

and providing or arranging for hotline services. Victims of domestic

violence and their children, if any, shall constitute at least seventy

percent of the clientele of such programs.