§ 712 — Definitions

New York § 712

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 1: Jurisdiction
• Art. 7: Proceedings Concerning Whether a Person Is In Need of Supervision

Text

§ 712. Definitions. As used in this article, the following terms shall\nhave the following meanings:\n (a) "Person in need of supervision". A person less than eighteen years\nof age: (i) who does not attend school in accordance with the provisions\nof part one of article sixty-five of the education law; (ii) who is\nungovernable or habitually disobedient and beyond the lawful control of\na parent or other person legally responsible for such child's care, or\nother lawful authority; (iii) who violates the provisions of section\n230.00 of the penal law; (iv) or who appears to be a sexually exploited\nchild as defined in paragraph (a), (c) or (d) of subdivision one of\nsection four hundred forty-seven-a of the social services law, but only\nif the child consents to the filing of a petition under this article.\n (b) "Pre-dispositional placement". The temporary care and maintenance\nof children away from their own homes pursuant to section seven hundred\ntwenty of this article.\n (c) "Fact-finding hearing". A hearing to determine whether the\nrespondent did the acts alleged to show that he or she violated a law or\nis ungovernable or habitually disobedient and beyond the control of his\nor her parents, guardian or legal custodian.\n (d) "Dispositional hearing". A hearing to determine whether the\nrespondent requires supervision or treatment.\n (e) "Aggravated circumstances". Aggravated circumstances shall have\nthe same meaning as the definition of such term in subdivision (j) of\nsection one thousand twelve of this act.\n (f) "Permanency hearing". A hearing held in accordance with paragraph\n(b) of subdivision two of section seven hundred fifty-four or section\nseven hundred fifty-six-a of this article for the purpose of reviewing\nthe foster care status of the respondent and the appropriateness of the\npermanency plan developed by the social services official on behalf of\nsuch respondent.\n (g) "Diversion services". Services provided to children and families\npursuant to section seven hundred thirty-five of this article for the\npurpose of avoiding the need to file a petition or direct the\npre-dispositional placement of the child. Diversion services shall\ninclude: efforts to adjust cases pursuant to this article before a\npetition is filed, or by order of the court, after the petition is filed\nbut before fact-finding is commenced; and preventive services provided\nin accordance with section four hundred nine-a of the social services\nlaw to avert the placement of the child, including crisis intervention\nand respite services. Diversion services may also include, in cases\nwhere any person is seeking to file a petition that alleges that the\nchild has a substance use disorder or is in need of immediate\ndetoxification or substance use disorder services, an assessment for\nsubstance use disorder; provided, however, that notwithstanding any\nother provision of law to the contrary, the designated lead agency shall\nnot be required to pay for all or any portion of the costs of such\nassessment or substance use disorder or detoxification services, except\nin cases where medical assistance for needy persons may be used to pay\nfor all or any portion of the costs of such assessment or services.\n (h) "Substance use disorder". The misuse of, dependence on, or\naddiction to alcohol and/or legal or illegal drugs leading to effects\nthat are detrimental to the person's physical and mental health or the\nwelfare of others.\n (i) "Assessment for substance use disorder". Assessment by a provider\nthat has been certified by the office of alcoholism and substance abuse\nservices of a person less than eighteen years of age where it is alleged\nthat the youth is suffering from a substance use disorder which could\nmake a youth a danger to himself or herself or others.\n (j) "A substance use disorder which could make a youth a danger to\nhimself or herself or others". A substance use disorder that is\naccompanied by the dependence on, or the repeated use or abuse of, drugs\nor alcohol to the point of intoxication such that the person is in need\nof immediate detoxification or other substance use disorder services.\n (k) "Substance use disorder services". Substance use disorder services\nshall have the same meaning as provided for in section 1.03 of the\nmental hygiene law.\n