NY Soc Serv L § 412 (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 6 - 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 child under eighteen years of age and who is defined as an abused child by the family court act;   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;   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 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;   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;   * 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;   * NB Effective until January 1, 2022   * 6.  An  "unfounded  report"  means  any report made pursuant to this title unless an investigation:  (i)  commenced  on  or  before  December thirty-first,  two  thousand  twenty-one  determines  that some credible evidence of the alleged abuse or maltreatment exists; or (ii)  commenced on  or  after  January  first, two thousand twenty-two determines that a fair preponderance of the evidence of the alleged abuse or  maltreatment exists;   * NB Effective January 1, 2022   * 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.   * NB Effective until January 1, 2022   * 7.  An "indicated report" means a report made pursuant to this title if an investigation: (i) commenced on or before  December  thirty-first, two  thousand  twenty-one  determines that some credible evidence of the alleged abuse or maltreatment exists; or  (ii)  commenced  on  or  after January   first,   two   thousand  twenty-two  determines  that  a  fair preponderance of the evidence  of  the  alleged  abuse  or  maltreatment exists;   * NB Effective January 1, 2022    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.   9.  A  "publicly-funded  emergency shelter for families with children" means any facility with overnight sleeping accommodations  and  that  is used  to  house  recipients  of  temporary  housing assistance and which houses or may house children and families with children.