2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 1 - (371 - 392) CARE AND PROTECTION OF CHILDREN
371 - Definitions

 
    § 371. Definitions
    Unless  the  context  or  the  subject  matter  manifestly  requires a
  different interpretation, when used in this article or  in  any  special
  act relating to children,
    1.  "Child"  means  a  person  actually or apparently under the age of
  eighteen years;
    2. "Abandoned child" means a child under the age of eighteen years who
  is abandoned by both parents, or by the parent having its custody, or by
  any other person or persons lawfully charged with its care  or  custody,
  in  accordance  with  the  definition  and  other  criteria set forth in
  subdivision five of section three hundred eighty-four-b;
    3. "Destitute child" means:
    (a) a child under the age of eighteen who is in a  state  of  want  or
  suffering  due to lack of sufficient food, clothing, shelter, or medical
  or surgical care; and:
    (i) does not fit within the definition  of  an  "abused  child"  or  a
  "neglected  child"  as  such  terms  are defined in section one thousand
  twelve of the family court act; and
    (ii) is without any parent or caretaker as such  term  is  defined  in
  section  one  thousand  ninety-two of the family court act, available to
  sufficiently care for him or her, due to:
    (A) the death of a parent or caretaker; or
    (B) the incapacity or debilitation of a  parent  or  caretaker,  where
  such  incapacity  or debilitation would prevent such parent or caretaker
  from being able to  knowingly  and  voluntarily  enter  into  a  written
  agreement  to  transfer  the  care and custody of said child pursuant to
  section three hundred fifty-eight-a or three  hundred  eighty-four-a  of
  the social services law; or
    (C)  the inability of the local social services district to locate any
  parent or caretaker, after making reasonable efforts to do so; or
    (D) the parent or caretaker being physically located  outside  of  the
  state  of New York and the local social services district is or has been
  unable to return said child to such parent or caretaker while  or  after
  making  reasonable  efforts to do so, unless the lack of such efforts is
  or was appropriate under the circumstances;
    (b) a child who is under the age of eighteen years and absent from his
  or her legal residence without the consent of his or her  parent,  legal
  guardian or custodian; or
    (c)  a  child  under  the  age  of  eighteen who is without a place of
  shelter where supervision and care are available who  is  not  otherwise
  covered under paragraph (a) of this subdivision; or
    (d)  a  person  who  is  a  former  foster care youth under the age of
  twenty-one who was previously placed in the care and custody or  custody
  and  guardianship  of the local commissioner of social services or other
  officer, board or department authorized to receive  children  as  public
  charges,  and  who  was  discharged from foster care due to a failure to
  consent to continuation in placement, who has returned  to  foster  care
  pursuant to section one thousand ninety-one of the family court act.
    4-a. "Neglected child" means a child less than eighteen years of age
    (i) whose physical, mental or emotional condition has been impaired or
  is in imminent danger of becoming impaired as a result of the failure of
  his  parent or other person legally responsible for his care to exercise
  a minimum degree of care
    (A) in supplying the child  with  adequate  food,  clothing,  shelter,
  education, medical or surgical care, though financially able to do so or
  offered financial or other reasonable means to do so; or
    (B) in providing the child with proper supervision or guardianship, by
  unreasonably   inflicting  or  allowing  to  be  inflicted  harm,  or  a

  substantial risk thereof, including the infliction of excessive corporal
  punishment; or by misusing a drug or drugs;  or  by  misusing  alcoholic
  beverages to the extent that he loses self-control of his actions; or by
  any  other  acts  of a similarly serious nature requiring the aid of the
  court; provided, however, that where the respondent is  voluntarily  and
  regularly  participating  in a rehabilitative program, evidence that the
  respondent has repeatedly misused a drug or drugs or alcoholic beverages
  to the extent that he  loses  self-control  of  his  actions  shall  not
  establish that the child is a neglected child in the absence of evidence
  establishing  that  the  child's physical, mental or emotional condition
  has been impaired or is in imminent danger of becoming impaired  as  set
  forth in paragraph (i) of this subdivision; or
    (ii)  who  has  been  abandoned by his parents or other person legally
  responsible for his care.
    4-b. "Abused child" means a child less  than  eighteen  years  of  age
  whose parent or other person legally responsible for his care
    (i) inflicts or allows to be inflicted upon such child physical injury
  by  other  than  accidental  means which causes or creates a substantial
  risk of death, or serious or  protracted  disfigurement,  or  protracted
  impairment  of  physical  or  emotional  health  or  protracted  loss or
  impairment of the function of any bodily organ, or
    (ii) creates or allows to be created a substantial  risk  of  physical
  injury  to  such  child  by  other  than accidental means which would be
  likely to  cause  death  or  serious  or  protracted  disfigurement,  or
  protracted impairment of physical or emotional health or protracted loss
  or impairment of the function of any bodily organ, or
    (iii)  commits,  or  allows  to  be  committed, an act of sexual abuse
  against such child as defined in the penal law.
    5. "Juvenile delinquent" means a  person  over  seven  and  less  than
  sixteen  years of age who does any act which, if done by an adult, would
  constitute a crime.
    6. "Person in need of supervision" means a person less  than  eighteen
  years   of  age  who  is  habitually  truant  or  who  is  incorrigible,
  ungovernable or habitually disobedient and beyond the lawful control  of
  a  parent  or other person legally responsible for such child's care, or
  other lawful authority.
    7. "Dependent child" means a child who is in the custody of, or wholly
  or partly maintained by an authorized agency or an institution,  society
  or  other  organization  of  charitable,  eleemosynary, correctional, or
  reformatory character;
    8. "Mentally disabled child" means a child who has a mental disability
  as defined in section 1.03 of the mental hygiene law;
    9. "Physically handicapped child" means a child who, by  reason  of  a
  physical  disability  or  infirmity,  whether  congenital or acquired by
  accident, injury or disease, is or may be  expected  to  be  totally  or
  partially incapacitated for education or for remunerative occupation, as
  provided  in  the  education  law,  or  is  or  may  be  expected  to be
  handicapped, as provided in the public health law;
    10. "Authorized agency" means
    (a) Any agency,  association,  corporation,  institution,  society  or
  other  organization which is incorporated or organized under the laws of
  this state with corporate power or empowered by  law  to  care  for,  to
  place  out  or  to  board  out children, which actually has its place of
  business or  plant  in  this  state  and  which  is  approved,  visited,
  inspected  and  supervised by the office of children and family services
  or  which  shall  submit  and  consent  to  the  approval,   visitation,
  inspection  and  supervision  of  such  office as to any and all acts in
  relation to the welfare of children performed or to be  performed  under

  this  title;  provided,  however,  that  on  and  after  June first, two
  thousand seven, such term shall not include any  for-profit  corporation
  or  other  for-profit  entity  or  organization  for the purposes of the
  operation,  management,  supervision  or  ownership  of  agency boarding
  homes, group homes, homes including family boarding homes of family free
  homes, or institutions which are located within this state;
    (b) Any court or any social services official of this state authorized
  by law to place out or to board out children or any  Indian  tribe  that
  has  entered  into  an agreement with the department pursuant to section
  thirty-nine of this chapter;
    (c) Any agency,  association,  corporation,  institution,  society  or
  other organization which is not incorporated or organized under the laws
  of  this  state, placing out a child for adoption whose admission to the
  United States as an eligible  orphan  with  non-quota  immigrant  status
  pursuant  to  the  federal immigration and nationality act is sought for
  the purpose of adoption in the State of New York or who has been brought
  into the United States with such status and for such purpose,  provided,
  however,   that  such  agency,  association,  corporation,  institution,
  society or other organization is licensed  or  otherwise  authorized  by
  another  state  to  place  out  children for adoption, that such agency,
  association, corporation, institution, society or other organization  is
  approved  by  the  department  to place out such children with non-quota
  immigrant status for adoption in the State of  New  York,  and  provided
  further,   that  such  agency,  association,  corporation,  institution,
  society or other organization  complies  with  the  regulations  of  the
  department  pertaining  to  such  placements.  Notwithstanding any other
  provision of law to the contrary, such agency shall be  limited  in  its
  functioning  as  an authorized agency to the placing out and adoption of
  such children. This  paragraph  shall  not  require  the  department  to
  approve  any such agency, association, corporation, institution, society
  or other organization which is located in a state which is  a  party  to
  the interstate compact on the placement of children.
    11.  "Custody"  means  custody  in  pursuance of or in compliance with
  expressed provisions of law;
    12. "Place out" means to arrange for the free care of  a  child  in  a
  family  other than that of the child's parent, step-parent, grandparent,
  brother, sister, uncle, or aunt or legal guardian, for  the  purpose  of
  adoption or for the purpose of providing care;
    13. "Place" or "commit" includes replace and recommit;
    14.  "Board out" means to arrange for the care of a child in a family,
  other than that of the child's parent, step-parent or legal guardian, to
  whom payment is made or agreed to be made for care and maintenance.
    15. "Home" includes a family boarding home or a family free home.
    16. agency boarding home shall mean a family-type  home  for  children
  and/or  for  minors  operated  by  an  authorized agency, in quarters or
  premises owned, leased or otherwise under the control  of  such  agency,
  for  the  purpose of providing care and maintenance therein for children
  or minors under the care of such agency.
    17. "Group home" shall mean a facility for the care and maintenance of
  not less than seven, nor more than twelve children,  who  are  at  least
  five  years  of  age,  operated by an authorized agency except that such
  minimum age shall not be applicable  to  siblings  placed  in  the  same
  facility nor to children whose mother is placed in the same facility.
    18.  "Public institution for children" shall mean an institution which
  is established and maintained by  a  public  welfare  district  for  the
  purpose  of  providing  care  and  maintenance  therein for children and
  minors for whose care such district is responsible and who require  care
  away from their own homes.

    19.  "Foster  parent"  shall mean any person with whom a child, in the
  care, custody or guardianship of an authorized  agency,  is  placed  for
  temporary  or  long-term care, and "foster child" shall mean any person,
  in the care, custody or guardianship of an  authorized  agency,  who  is
  placed for temporary or long-term care.
    20. "Therapeutic foster parent" means a foster parent who is certified
  or  licensed  pursuant  to section three hundred seventy-five or section
  three hundred seventy-six of this article, or otherwise approved and who
  has successfully completed a training program developed by professionals
  experienced in treating children who exhibit high  levels  of  disturbed
  behavior,  emotional  disturbance  or  physical or health needs. For any
  such child placed in  their  care,  such  parent  shall  assist  in  the
  implementation  of  the  therapeutic  treatment  portion  of  the family
  service plan required by section four hundred nine-e of this article.
    21. "Supervised independent living program" shall mean one or more  of
  a  type  of agency boarding home operated and certified by an authorized
  agency in accordance with the regulations of the office of children  and
  family  services  to  provide  a transitional experience for older youth
  who, based upon their circumstances, are appropriate for  transition  to
  the  level  of  care  and  supervision  provided  in  the  program. Each
  supervised independent living unit shall be  located  in  the  community
  separate from any of the agency's other congregate dwellings.