NY Soc Serv L § 371 (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 1 - 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 as defined in section 301.2 of the family court act.   6. "Person in need of  supervision"  means  a  person  as  defined  in section seven hundred twelve of the family court act.   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.   * 22.  "Supervised  setting" shall mean a residential placement in the community approved and supervised by an authorized agency or  the  local social  services  district  in  accordance  with  the regulations of the office of  children  and  family  services  to  provide  a  transitional experience for older youth in which such youth may live independently. A supervised  setting  includes,  but  is  not  limited to, placement in a supervised  independent  living  program,  as  defined  in   subdivision twenty-one of this section.   * NB There are 2 sb 22's   * 22.  "Kinship  caregiver"  means  a  relative or non-relative who is acting as a parent and who:  (a) is related to the child through blood, marriage or adoption;  (b) is related to a half-sibling of the child through blood,  marriage or adoption; or  (c)  is  an adult with a positive prior relationship with the child, a half-sibling of the child or the  child's  parent,  including,  but  not limited to, a step-parent, godparent, neighbor or family friend.   * NB There are 2 sb 22's