2023 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-three-c, 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.