2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 6 - (411 - 428) CHILD PROTECTIVE SERVICES
412 - General definitions.

 
    §  412.  General  definitions.  When used in this title and unless the
  specific context indicates otherwise:
    * 1. An "abused child" means:
    (a) a child under eighteen years of age not in "residential care,"  as
  defined  in  subdivision  four  of section four hundred twelve-a of this
  title, and who is defined as an abused child by the family court act; or
    (b) a child under the age of eighteen  years  who  is  defined  as  an
  abused  child in residential care pursuant to subdivision one of section
  four hundred twelve-a of this title;
    * NB Effective until June 30, 2013
    * 1. An "abused child" means a child under eighteen years of  age  and
  who is defined as an abused child by the family court act;
    * NB Effective June 30, 2013
    * 2. A "maltreated child" includes:
    (a)  a  child under eighteen years of age not in "residential care" as
  defined in subdivision four of section four  hundred  twelve-a  of  this
  title:
    (i) defined as a neglected child by the family court act, or
    (ii)  who has had serious physical injury inflicted upon him or her by
  other than accidental means; or
    (b) a child who is a neglected child in residential care as defined in
  subdivision two of section four hundred twelve-a of this title;
    * NB Effective until June 30, 2013
    * 2. A "maltreated child" includes a child  under  eighteen  years  of
  age:
    (a) defined as a neglected child by the family court act, or
    (b)  who  has had serious physical injury inflicted upon him or her by
  other than accidental means;
    * NB Effective June 30, 2013
    3. "Person legally responsible" for a child  means  a  person  legally
  responsible as defined by the family court act;
    * 4. "Subject of the report" means: (a) any parent of, guardian of, or
  other  person eighteen years of age or older legally responsible for, as
  defined in subdivision (g) of section one thousand twelve of the  family
  court  act,  a child reported to the statewide central register of child
  abuse and maltreatment who is allegedly responsible for causing  injury,
  abuse or maltreatment to such child or who allegedly allows such injury,
  abuse or maltreatment to be inflicted on such child; or a director or an
  operator  of, or employee or volunteer in, a home operated or supervised
  by an authorized agency, the office of children and family services,  or
  an  office  of  the department of mental hygiene or in a family day-care
  home, a day-care center, a group family  day  care  home,  a  school-age
  child   care   program  or  a  day-services  program  who  is  allegedly
  responsible for causing injury, abuse or maltreatment to a child who  is
  reported   to   the   statewide  central  register  of  child  abuse  or
  maltreatment or who allegedly allows such injury, abuse or  maltreatment
  to be inflicted on such child; or
    (b)  a  subject  of  a  report  of  an  abused  or  neglected child in
  residential care as defined in subdivision eight of section four hundred
  twelve-a of this title;
    * NB Effective until June 30, 2013
    * 4. "Subject of the report" means any  parent  of,  guardian  of,  or
  other  person eighteen years of age or older legally responsible for, as
  defined in subdivision (g) of section one thousand twelve of the  family
  court  act,  a child reported to the statewide central register of child
  abuse and maltreatment who is allegedly responsible for causing  injury,
  abuse or maltreatment to such child or who allegedly allows such injury,
  abuse or maltreatment to be inflicted on such child; or a director or an

  operator  of, or employee or volunteer in, a home operated or supervised
  by an authorized agency, the office of children and family services,  or
  in  a  family  day-care home, a day-care center, a group family day care
  home,  a  school-age child care program or a day-services program who is
  allegedly responsible for causing injury, abuse  or  maltreatment  to  a
  child  who  is reported to the statewide central register of child abuse
  or  maltreatment  or  who  allegedly  allows  such  injury,   abuse   or
  maltreatment to be inflicted on such child;
    * NB Effective June 30, 2013
    * 5.  "Other persons named in the report" shall mean and be limited to
  the following persons who are named  in  a  report  of  child  abuse  or
  maltreatment  other than the subject of the report: (a) the child who is
  reported  to  the  statewide  central  register  of  child   abuse   and
  maltreatment; and such child's parent, guardian, or other person legally
  responsible  for  the  child  who  has  not  been named in the report as
  allegedly responsible for causing injury, abuse or maltreatment  to  the
  child  or as allegedly allowing such injury, abuse or maltreatment to be
  inflicted on such child; or
    (b) other persons named in a report of an abused or neglected child in
  residential care as defined in subdivision nine of section four  hundred
  twelve-a of this title;
    * NB Effective until June 30, 2013
    * 5.  "Other persons named in the report" shall mean and be limited to
  the following persons who are named  in  a  report  of  child  abuse  or
  maltreatment  other  than  the  subject  of the report: the child who is
  reported  to  the  statewide  central  register  of  child   abuse   and
  maltreatment; and such child's parent, guardian, or other person legally
  responsible  for  the  child  who  has  not  been named in the report as
  allegedly responsible for causing injury, abuse or maltreatment  to  the
  child  or as allegedly allowing such injury, abuse or maltreatment to be
  inflicted on such child;
    * NB Effective June 30, 2013
    6. An "unfounded report" means any report made pursuant to this  title
  unless  an  investigation  determines that some credible evidence of the
  alleged abuse or maltreatment exists;
    7. An "indicated report" means a report made pursuant to this title if
  an investigation determines that some credible evidence of  the  alleged
  abuse or maltreatment exists.
    8.  "Substance  abuse  counselor"  or "alcoholism counselor" means any
  person who has been issued  a  credential  therefor  by  the  office  of
  alcoholism  and substance abuse services, pursuant to paragraphs one and
  two of subdivision (d) of section 19.07 of the mental hygiene law.