§ 3212. Definition of persons in parental relation and their duties;\nduties of certain other persons.
1.Definition. As used in this article,\na person in parental relation to another individual shall include his\nfather or mother, by birth or adoption, his step-father or step-mother,\nhis legally appointed guardian, or his custodian. A person shall be\nregarded as the custodian of another individual if he has assumed the\ncharge and care of such individual because the parents or legally\nappointed guardian of such individual have died, are imprisoned, are\nmentally ill, or have been committed to an institution, or because, they\nhave abandoned or deserted such individual or are living outside the\nstate or their whereabouts are unknown, or have designated the person\npursuant to title
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§ 3212. Definition of persons in parental relation and their duties;\nduties of certain other persons. 1. Definition. As used in this article,\na person in parental relation to another individual shall include his\nfather or mother, by birth or adoption, his step-father or step-mother,\nhis legally appointed guardian, or his custodian. A person shall be\nregarded as the custodian of another individual if he has assumed the\ncharge and care of such individual because the parents or legally\nappointed guardian of such individual have died, are imprisoned, are\nmentally ill, or have been committed to an institution, or because, they\nhave abandoned or deserted such individual or are living outside the\nstate or their whereabouts are unknown, or have designated the person\npursuant to title fifteen-A of article five of the general obligations\nlaw as a person in parental relation to the child.\n 2. Duties of persons in parental relation. Every person in parental\nrelation to another individual included by the provisions of part one of\nthis article:\n a. Shall submit at the time such individual begins to attend upon\ninstruction evidence of age as required for the issuance of an\nemployment certificate, or show that such evidence cannot be produced.\nWhen such evidence cannot be produced, or when circumstances exist which\nreasonably indicate that such individual may be a missing child, the\nsuperintendent of schools or his or her authorized representative shall\nreport and make inquiry to the statewide central register for missing\nchildren pursuant to section eight hundred thirty-seven-e of the\nexecutive law. If such child appears to match a child registered with\nthe statewide central register for missing children, or one registered\nwith the national crime information center register, the superintendent\nor his or her authorized representative shall immediately contact the\nlocal law enforcement authority. No civil or criminal liability shall\narise or attach to any school district or employee thereof for any act\nor omission to act as a result of, or in connection with, the duties or\nactivities authorized or directed by this paragraph.\n b. Shall cause such individual to attend upon instruction as\nhereinbefore required, and to comply with the provisions of part one of\nthis article with respect to the employment or occupation of minors in\nany business or service whatever.\n c. Shall cause such individual to be placed in proper physical\ncondition to attend upon required instruction, if his physical condition\nis remediable by the taking of reasonable measures.\n d. Shall furnish proof that an individual who is not attending upon\ninstruction at a public or parochial school in the city or district\nwhere the person in parental relation resides is attending upon required\ninstruction elsewhere. Failure to furnish such proof shall be\npresumptive evidence that such individual is not attending.\n e. Shall furnish, with respect to an individual from seventeen to\ntwenty-one years of age, on demand of a duly authorized representative\nof the school authorities, satisfactory proof that he is able to speak,\nread and write English as required for the completion of the fifth year\nof the elementary school course of study, or cause such individual to\nsubmit to an examination to determine his ability in these respects.\n 3. Exception. A person in parental relation to another individual\nincluded by the foregoing provisions of this section shall not be\nsubject thereto if it can be shown that he is unable to control such\nindividual.\n 4. Duties of certain individuals from sixteen to twenty-one years of\nage. An individual from sixteen to twenty-one years of age, if not under\nthe control of a person in parental relation, shall comply with such\nrequirements of part one of this article as are applicable.\n 5. Duties of other persons.\n a. No person shall induce another individual to absent himself from\nattendance upon required instruction or harbor him while he is absent or\naid or abet him in violating any provision of part one of this article.\n b. No person shall interfere with an attendance officer in the lawful\npursuit of his duties, or neglect or refuse to answer his lawful\ninquiries.\n c. No person shall violate any provision of part one of this article\nin relation to employment of minors, duties of employers, issuance or\ntransfer of any paper authorizing the employment of minors.\n d. No person shall make a false oral or written statement in or in\nrelation to any employment certificate or other paper required by part\none of this article as to any matter required to appear therein.\n f. No person shall present as his own any substitute, altered or\ntransferred certificate or badge.\n 6. Birth certificates. For the purpose of part one of this article,\nthe board of health upon request shall furnish to the school\nauthorities, or to the person in parental relation to a minor, or to an\nindividual from seventeen to twenty-one years of age, a duly certified\ntranscript of the birth certificate, filed according to law, of an\nindividual from five to twenty-one years of age.\n