NY Soc Serv L § 451 (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 9 - Subsidies for the Adoption of Children 451 - Definitions.

§ 451. Definitions. As used in this title:   1. "Child" shall mean a person under the age of twenty-one years whose guardianship  and  custody  have  been  committed  to  a social services official or a voluntary authorized agency,  or  whose  guardianship  and custody  have  been  committed  to a certified or approved foster parent pursuant to a court order prior to such  person's  eighteenth  birthday, except  as  provided  in  paragraph  (g) of subdivision three of section three hundred eighty-four-b of this  article  and  section  six  hundred thirty-one  of  the family court act. A "child" shall also mean a person under the age of twenty-one years  whose  care  and  custody  have  been transferred  prior  to  such  person's  eighteenth  birthday to a social services official or a voluntary authorized agency pursuant  to  section one thousand fifty-five of the family court act or section three hundred eighty-four-a  of  this article, whose parents are deceased or where one parent is deceased and the other parent is  not  a  person  entitled  to notice  pursuant  to  section  one  hundred  eleven-a  of  the  domestic relations law, and  where  such  official  or  agency  consents  to  the adoption  of such person in accordance with section one hundred thirteen of the domestic relations law.   2. "Handicapped child" shall mean a child  who  possesses  a  specific physical,  mental  or emotional condition or disability of such severity or kind which, in accordance with regulations of the  department,  would constitute a significant obstacle to the child's adoption.   3.  "Hard to place child" shall mean a child, other than a handicapped child, (a) who has not been placed for adoption within six  months  from the  date  his  guardianship  and  custody  were committed to the social services official or a voluntary authorized agency, or (b) who  has  not been  placed  for  adoption  within  six months from the date a previous adoption placement terminated and the child was returned to the care  of the  social  services  official or a voluntary authorized agency, or (c) who possesses or presents any personal or familial attribute, condition, problem or characteristic which, in accordance with regulations  of  the department,   would   be   an   obstacle   to   the   child's  adoption, notwithstanding the child has been in the guardianship  and  custody  of the  social  services official or a voluntary authorized agency for less than six months.   4. (a) "Board rate" shall mean an amount equal to the monthly  payment which has been or would have been made by a social services official, in accordance   with   section   three  hundred  ninety-eight-a  and  other provisions of this chapter, for the care and maintenance of  the  child, if  such  child  had  been boarded out in a foster family boarding home. Such rate shall reflect annual increases in room  and  board  rates  and clothing replacement allowances.  (b)  When a child is placed for adoption by a social services official or a voluntary authorized  agency  with  adoptive  parents  residing  in another  social services district, the "board rate" shall mean the board rate of the social services district placing the child for  adoption  or the social services district in which the adoptive parents reside.   5.  "Persons"  shall include a single person eligible to adopt a child as well as a couple eligible therefor.   6. "Voluntary authorized agency" shall mean an  authorized  agency  as defined  in  paragraphs  (a) and (c) of subdivision ten of section three hundred seventy-one of this article.   7. "Social services official" shall  mean  a  county  commissioner  of social  services,  a  city commissioner of social services, or an Indian tribe with which the department has entered into an agreement to provide adoption  services  in  accordance  with  subdivision  two  of   section thirty-nine of this chapter.