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 5 - Adult and Family Services › Part 462 - Nonresidential Services For Victims Of Domestic Violence › Section 462.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following definitions
			   apply:
(a) Nonresidential program for
			 victims of domestic violence means any program operated by a not-for-profit
			 organization for the purpose of providing nonresidential services for victims
			 of domestic violence including, but not limited to, telephone hotline
			 assistance, information and referral services, advocacy, counseling, and
			 community education/outreach activities pursuant to section
			 462.4(a) 
			 of this Part and which has at least 70 percent of its clientele consisting of
			 victims of domestic violence and their children.
(b) Not-for-profit organization means any
			 organization which is a public agency or which is incorporated as a not-for
			 profit corporation or religious corporation under the laws of this State or
			 which provides care and/or services in this State and has been granted a
			 Federal tax exempt status.
(c)
			 Office means the New York State Office of Children and Family
			 Services.
(d) Residential program
			 for victims of domestic violence means any residential program as defined in
			 Part 452.2 of this Title, approved by the Office and operated by a
			 not-for-profit organization for the purposes of providing temporary shelter,
			 emergency services to victims of domestic violence. Residential programs for
			 victims of domestic violence include: domestic violence shelter, domestic
			 violence mixed occupancy shelter, domestic violence sponsoring agency, and safe
			 home network.
(e) Victim of
			 domestic violence means any person over the age of sixteen, any married person
			 or any parent accompanied by his/her minor child(ren) 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; or through acts including and not
			 limited to, intimidation, coercive control, emotional and psychological abuse
			 and behavior, expressive and psychological aggression, financial abuse,
			 harassment, tormenting behavior, disturbing or alarming to such person or such
			 person's child; and
(1) 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
(2) such act or acts are or are
			 alleged to have been committed by a family or household member. Family or
			 household members means the following individuals:
(i) persons related by blood or marriage;
(ii) persons legally married to
			 one another;
(iii) persons
			 formerly married to one another regardless of whether they still reside in the
			 same household;
(iv) persons who
			 have a child in common regardless of whether such persons are married or have
			 lived together at any time;
(v) 
			 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; or
(vi) unrelated persons who have had intimate
			 or continuous social contact with one another and who have access to one
			 another's household.