2006 New York Code - Definitions.

 
    §  301.2.  Definitions.  As  used in this article, the following terms
  shall have the following meanings:
    1. "Juvenile delinquent" means a  person  over  seven  and  less  than
  sixteen years of age, who, having committed an act that would constitute
  a  crime if committed by an adult, (a) is not criminally responsible for
  such conduct by reason of infancy, or (b) is the defendant in an  action
  ordered  removed  from  a criminal court to the family court pursuant to
  article seven hundred twenty-five of the criminal procedure law.
    2. "Respondent" means the person against whom a  juvenile  delinquency
  petition is filed pursuant to section 310.1. Provided, however, that any
  act  of  the respondent required or authorized under this article may be
  performed by his attorney or  law  guardian  unless  expressly  provided
  otherwise.
    3.  "Detention"  means  the temporary care and maintenance of children
  away from their own homes, as defined in section five hundred two of the
  executive law. Detention of a person alleged to be or adjudicated  as  a
  juvenile  delinquent shall be authorized only in a facility certified by
  the division for youth as a detention facility pursuant to section  five
  hundred three of the executive law.
    4.  "Secure  detention  facility"  means  a  facility characterized by
  physically restricting construction, hardware and procedures.
    5. "Non-secure detention facility" means a facility  characterized  by
  the   absence  of  physically  restricting  construction,  hardware  and
  procedures.
    6. "Fact-finding hearing" means a hearing  to  determine  whether  the
  respondent  or  respondents committed the crime or crimes alleged in the
  petition or petitions.
    7. "Dispositional hearing" means a hearing to  determine  whether  the
  respondent requires supervision, treatment or confinement.
    8.  "Designated  felony  act" means an act which, if done by an adult,
  would be a crime: (i) defined in sections 125.27 (murder  in  the  first
  degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
  first  degree);  or  150.20 (arson in the first degree) of the penal law
  committed by a person thirteen, fourteen or fifteen years of  age;  (ii)
  defined  in  sections  120.10  (assault  in  the  first  degree); 125.20
  (manslaughter in the first degree); 130.35 (rape in the  first  degree);
  130.50  (criminal  sexual  act  in the first degree); 130.70 (aggravated
  sexual abuse in the first degree);  135.20  (kidnapping  in  the  second
  degree)  but  only where the abduction involved the use or threat of use
  of deadly physical force; 150.15 (arson in the second degree) or  160.15
  (robbery  in  the  first  degree) of the penal law committed by a person
  thirteen, fourteen or fifteen years of age; (iii) defined in  the  penal
  law  as  an  attempt  to  commit murder in the first or second degree or
  kidnapping in the first degree committed by a person thirteen,  fourteen
  or fifteen years of age; (iv) defined in section 140.30 (burglary in the
  first degree); subdivision one of section 140.25 (burglary in the second
  degree);  subdivision  two  of  section  160.10  (robbery  in the second
  degree) of the penal law; subdivision four  of  section  265.02  of  the
  penal  law,  where  such firearm is possessed on school grounds, as that
  phrase is defined in subdivision fourteen of section 220.00 of the penal
  law; or section 265.03 of the penal law, where such machine gun or  such
  firearm  is  possessed  on  school grounds, as that phrase is defined in
  subdivision fourteen of section 220.00 of the penal law committed  by  a
  person  fourteen  or fifteen years of age; (v) defined in section 120.05
  (assault in the second degree) or 160.10 (robbery in the second  degree)
  of  the penal law committed by a person fourteen or fifteen years of age
  but only where there has been a prior  finding  by  a  court  that  such
  person  has previously committed an act which, if committed by an adult,


  would be the crime of assault in  the  second  degree,  robbery  in  the
  second  degree  or any designated felony act specified in paragraph (i),
  (ii), or (iii) of this subdivision regardless of the age of such  person
  at  the  time  of  the commission of the prior act; or (vi) other than a
  misdemeanor committed by a person at least seven but less  than  sixteen
  years  of  age,  but only where there has been two prior findings by the
  court that such person has committed a prior felony.
    9. "Designated class A felony  act"  means  a  designated  felony  act
  defined in paragraph (i) of subdivision eight.
    10.  "Secure  facility"  means  a  residential  facility  in which the
  respondent may be placed under this article, which is  characterized  by
  physically  restricting  construction,  hardware  and procedures, and is
  designated as a secure facility by the division for youth.
    11. "Restrictive placement" means  a  placement  pursuant  to  section
  353.5.
    12.  "Presentment agency" means the agency or authority which pursuant
  to section  two  hundred  fifty-four  or  two  hundred  fifty-four-a  is
  responsible for presenting a juvenile delinquency petition.
    13.  "Incapacitated  person"  means  a  respondent who, as a result of
  mental  illness,  mental  retardation  or  developmental  disability  as
  defined  in  subdivisions  twenty,  twenty-one and twenty-two of section
  1.03 of the  mental  hygiene  law,  lacks  capacity  to  understand  the
  proceedings against him or to assist in his own defense.
    14.  Any  reference  in  this  article  to  the  commission of a crime
  includes any act which, if done by an adult, would constitute a crime.
    15. "Aggravated circumstances" shall have  the  same  meaning  as  the
  definition  of  such  term  in  subdivision  (j) of section one thousand
  twelve of this act.
    16. "Permanency  hearing"  means  an  initial  hearing  or  subsequent
  hearing  held  in accordance with the provisions of this article for the
  purpose of reviewing the foster care status of the  respondent  and  the
  appropriateness  of the permanency plan developed by the commissioner of
  social services or the office of children and family services.
    17. "Designated educational official" shall mean (a)  an  employee  or
  representative  of  a  school  district  who is designated by the school
  district or (b) an employee or representative of  a  charter  school  or
  private  elementary or secondary school who is designated by such school
  to receive records pursuant  to  this  article  and  to  coordinate  the
  student's  participation  in  programs  which  may  exist  in the school
  district  or  community,  including:  non-violent  conflict   resolution
  programs,  peer  mediation  programs  and  youth  courts,  extended  day
  programs and other school violence prevention and intervention  programs
  which  may  exist in the school district or community. Such notification
  shall be kept separate and apart from such student's school records  and
  shall  be  accessible  only by the designated educational official. Such
  notification shall not be part of such student's permanent school record
  and shall not be appended to or included in any documentation  regarding
  such  student  and shall be destroyed at such time as such student is no
  longer  enrolled  in  the  school  district.  At  no  time  shall   such
  notification  be used for any purpose other than those specified in this
  subdivision.