NY Soc Serv L § 459-A (2021)
2021 New York Laws SOS - Social Services Article 6-A - Domestic Violence Prevention Act 459-A - Definitions.

§  459-a. Definitions. As used in this article: 1. "Victim of domestic violence" means any person over the age of sixteen, any  married  person or  any  parent  accompanied  by  his  or her minor child or children in situations in which such person or such person's child is a victim of an act which would constitute a violation of the penal law, including,  but not   limited  to  acts  constituting  disorderly  conduct,  harassment, aggravated harassment,  sexual  misconduct,  forcible  touching,  sexual abuse,  stalking,  criminal  mischief,  menacing, reckless endangerment, kidnapping,  assault,  attempted  assault,  attempted  murder,  criminal obstruction  of  breathing or blood circulation, strangulation, identity theft, grand larceny or coercion; and  (i) such act or acts have resulted in  actual  physical  or  emotional injury  or have created a substantial risk of physical or emotional harm to such person or such person's child; and  (ii) such act or acts are or are alleged to have been committed  by  a family or household member.   2. "Family or household members" mean the following individuals:  (a) persons related by consanguinity or affinity;  (b) persons legally married to one another;  (c) persons formerly married to one another regardless of whether they still reside in the same household;  (d)  persons  who  have  a  child in common regardless of whether such persons are married or have lived together at any time;  (e) unrelated persons who are  continually  or  at  regular  intervals living  in  the same household or who have in the past continually or at regular intervals lived in the same household;  (f) persons who are not related by consanguinity or affinity  and  who are  or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors that may be  considered in  determining  whether  a  relationship  is an "intimate relationship" include, but are not limited to: the nature  or  type  of  relationship, regardless  of  whether  the  relationship  is  sexual  in  nature;  the frequency of interaction between the persons; and the  duration  of  the relationship.  Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall  be  deemed to constitute an "intimate relationship"; or  (g)  any  other  category  of  individuals  deemed  to  be a victim of domestic violence as defined  by  the  office  of  children  and  family services in regulation.   3.  "Parent"  means  a  natural  or  adoptive parent or any individual lawfully charged with a minor child's care or custody.   4. "Residential program for victims of domestic  violence"  means  any residential  care  program certified by the department and operated by a not-for-profit organization in accordance with the  regulations  of  the department  for the purpose of providing emergency shelter, services and care to victims of domestic violence. Residential programs  for  victims of domestic violence shall include, but shall not be limited to:  (a)  "Domestic violence shelters", which shall include any residential care facility organized for the exclusive purpose of providing emergency shelter, services and care to victims of  domestic  violence  and  their minor children, if any;  (b)  "Domestic  violence  programs"  which  shall include any facility which otherwise meets or would meet the requirements of paragraph (a) of this subdivision, except that victims of  domestic  violence  and  their minor  children,  if  any,  constitute  at  least seventy percent of the clientele of such program; and  (c) "Safe home networks" which shall include any organized network  of private  homes  offering  emergency  shelter  and services to victims of  domestic violence and their minor children, if any. Such  network  shall be coordinated by a not-for-profit organization.   5.  "Non-residential  program  for victims of domestic violence" means any program operated by a not-for-profit organization, for  the  purpose of  providing  non-residential services to victims of domestic violence, including, but  not  limited  to,  information  and  referral  services, advocacy,  counseling,  and  community education and outreach activities and providing or arranging for hotline  services.  Victims  of  domestic violence  and  their children, if any, shall constitute at least seventy percent of the clientele of such programs.