NY Soc Serv L § 458-A (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 10 - Kinship Guardianship Assistance Program 458-A - Definitions.

§ 458-a. Definitions. As used in this title:   1. "Child" shall mean a person under the age of twenty-one years whose custody,  care  and  custody,  or  custody  and  guardianship  have been committed  to  a  social  services  official  prior  to  such   person's eighteenth  birthday  pursuant  to  section three hundred fifty-eight-a, three hundred eighty-four, three hundred eighty-four-a or three  hundred eighty-four-b  of  this  chapter or article three, seven, ten or 10-C of the family court act.   2. "Applicable board rate" shall mean an amount equal to  the  monthly payment  that has been made by a social services official, in accordance with section three hundred ninety-eight-a  of  this  article  and  other provisions  of  this chapter, for the care and maintenance of the child, while such child was boarded out in the  approved  or  certified  foster family  boarding  home with the prospective relative guardian. Such rate shall reflect annual changes  in  room  and  board  rates  and  clothing replacement allowances.   3.  "Prospective  relative  guardian" shall mean a person who has been caring for the child as a fully certified or approved foster parent  for at   least   six  consecutive  months  prior  to  applying  for  kinship guardianship assistance payments and who:  (a) is related to the child through blood, marriage, or adoption; or  (b) is related to a half-sibling of the child through blood,  marriage or  adoption  and  where  such  person  or  persons  is  or are also the prospective  or  appointed  relative  guardian  or  guardians  of   such half-sibling; or  (c)  is  an  adult  with  a  positive  relationship  with  the  child, including, but not limited to, a  step-parent,  godparent,  neighbor  or family friend.   4.  "Relative  guardian"  shall  mean  a  person  or  persons  who was appointed, as a  guardian  or  permanent  guardian  for  a  child  after entering  into  an  agreement  with  a  social services official for the receipt of payments and services in accordance with this title.   5. "Social services official" shall  mean  a  county  commissioner  of social  services,  a  city commissioner of social services, or an Indian tribe with which the office of children and family services has  entered into  an  agreement  to  provide foster care services in accordance with subdivision two of section thirty-nine of this chapter.   6. "Successor guardian"  shall  mean  a  person  or  persons  that  is approved  by  a  local  social  services  district  to  receive payments pursuant to this title in accordance with subparagraph (ii) of paragraph (b) of subdivision five of section four hundred  fifty-eight-b  of  this title  and  that  has  been named in the agreement in effect between the relative guardian and social services official for kinship  guardianship assistance  payments  pursuant  to this title who shall provide care and guardianship for a child in the event of  death  or  incapacity  of  the relative guardian, as set forth in section four hundred fifty-eight-b of this  title,  who  has assumed care for and is the guardian or permanent guardian of such child, provided that such person was appointed guardian or permanent guardian of such child by the court following, or  due  to, the  death  or  incapacity  of  the  relative guardian. Once approved in accordance with subparagraph (ii)  of  paragraph  (b)  of  section  four hundred  fifty-eight-b  of  this  title,  a  successor guardian shall be deemed to have the  same  rights  and  responsibilities  as  a  relative guardian  in  relation to any provisions of this title and any agreement entered into under this title.   7. "Prospective successor guardian" shall mean  a  person  or  persons whom  a  prospective  relative  guardian or a relative guardian seeks to name or names in the original kinship guardianship assistance agreement,  or  any  amendment  thereto,  as  set  forth  in  section  four  hundred fifty-eight-b  of  this  title, as the person or persons to provide care and guardianship for a child in the event of the death or incapacity  of a  relative  guardian,  who  has  not  been  approved in accordance with subparagraph (ii) of paragraph (b) of subdivision five of  section  four hundred fifty-eight-b of this title.   8. "Incapacity" shall mean a substantial inability to care for a child as  a  result  of:  (a)  a  physically  debilitating illness, disease or injury; or (b)  a  mental  impairment  that  results  in  a  substantial inability  to  understand  the  nature  and  consequences  of  decisions concerning the care of a child.