New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 434 - Child Protective Services Administrative Hearing Procedure › Section 434.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part, the following definitions
			   apply:
(a) Abused child means a child
			 as defined in section 412.1 of the Social Services Law.
(b) Appellant means (1) a subject of an
			 indicated report of child abuse or maltreatment who has requested a hearing
			 pursuant to section 422  of the Social Services Law to determine
			 whether the subject has been shown by a fair preponderance of the evidence, as
			 such term is defined in section
			 434.10(i) 
			 of this Part, to have committed the act or acts of child abuse or maltreatment
			 giving rise to the indicated report and whether such act or acts could be
			 relevant and reasonably related to the appropriateness of the subject to engage
			 in child care employment or to become an adoptive parent, a foster parent, or a
			 day care provider, or (2) a subject of an indicated report who has requested a
			 hearing pursuant to section 424-a  of the Social Services Law to
			 determine whether the subject has been shown by a fair preponderance of the
			 evidence, as such term is defined in section
			 434.10(i) 
			 of this Part, to have committed the act or acts of child abuse or maltreatment
			 giving rise to the indicated report.
(c) Authorized agency means an agency as
			 defined in section 371.10 of the Social Services Law.
(d) Commissioner means the Commissioner of
			 the New York State Office of Children and Family Services.
(e) Department or office means the New York
			 State Office of Children and Family Services.
(f) Hearing means a proceeding at which (1) a
			 subject of a report of child abuse and maltreatment may seek relief from a
			 decision of the department to deny a request to amend an indicated report of
			 child abuse or maltreatment maintained by the State Central Register of Child
			 Abuse and Maltreatment, or, for reports received prior to February 12, 1996,
			 amend or expunge an indicated report of child abuse or maltreatment maintained
			 by the State Central Register of Child Abuse and Maltreatment, or (2) it is
			 determined whether a subject committed the act or acts of child abuse or
			 maltreatment giving rise to an indicated report and if so whether such act or
			 acts are relevant and reasonably related to the appropriateness of the subject
			 to engage in child care employment or to become an adoptive parent, foster
			 parent or a day care provider.
(g)
			 Hearing officer means an attorney who is employed by the department and
			 designated and authorized by the commissioner to preside at hearings.
(h) Indicated report means a report of child
			 abuse or maltreatment in which an investigation conducted by the local social
			 services district, the department, or the Commission on the Quality of Care for
			 the Mentally Disabled has determined that some credible evidence of the alleged
			 child abuse or maltreatment exists.
(i) Licensing agency means an authorized
			 agency which has received an application to become an adoptive parent or an
			 authorized agency which has received an application for a certificate or
			 license to receive, board or keep any child pursuant to the provisions of
			 section 376 or
			 377  of the Social Services Law or an
			 authorized agency which has received an application from a relative within the
			 third degree of the parent or stepparent of a child or the child's legal
			 guardian for approval to receive, board or keep such child or an authorized
			 agency or State or local governmental agency which receives an application to
			 provide day care services in a day care center, family day care home or group
			 family day care home pursuant to the provisions of section 390  of the Social Services Law, or the
			 Department of Health of the City of New York when such department receives an
			 application for a certificate of approval to provide family day care pursuant
			 to the provision of the health code of such city, or a State or local
			 governmental official who receives an application for a permit to operate a
			 camp which is subject to the provisions of article 13- A, 13-B or 13-C of the
			 Public Health Law or the Division for Youth which has received an application
			 for a certificate to receive board or keep any child at a foster family home
			 pursuant to the provisions of section 501 (7), 502, or
			 532-a (3)  of the Executive
			 Law.
(j) Maltreated child means a
			 child as defined in section 412 (2)  of the Social
			 Services Law.
(k) Parties to a
			 hearing means the appellant, the State Central Register of Child Abuse and
			 Maltreatment, the local child protective service, the Commission on Quality of
			 Care for the Mentally Disabled, and the department.
(l) Provider agency means an authorized
			 agency, the Division for Youth, juvenile detention facilities subject to the
			 certification of such division, programs established pursuant to article 19-H
			 of the Executive Law, and licensed day care centers, including head start
			 programs which are funded pursuant to title V of the Federal Economic
			 Opportunity Act of 1964, as amended, special act school districts as enumerated
			 in chapter 566 of the Laws of 1967, as amended, and residential schools which
			 are operated, supervised or approved by the Education Department.
(m) Subject of a report means any parent of,
			 guardian of, custodian of or other person 18 years of age or older legally
			 responsible for, as defined in section 1012 (g)  of the Family Court Act, a child
			 reported to the State Central Register of Child Abuse and Maltreatment, who is
			 allegedly responsible for causing abuse or maltreatment to such child or who
			 allegedly allows such abuse or maltreatment to be inflicted on such child, or a
			 director of or an operator of or employee or volunteer in a home operated or
			 supervised by an authorized agency, the Division for Youth, or an office of the
			 Department of Mental Hygiene or in a family day care home, a day care center, a
			 group family day care home or a day services program, or a consultant or any
			 person who is an employee of or a volunteer in a corporation, partnership,
			 organization or any governmental entity which provides goods or services and
			 has regular and substantial contact with children in residential care who is
			 allegedly responsible for causing abuse or maltreatment or who allegedly allows
			 such abuse or maltreatment to be inflicted on such child.