§ 371 — Definitions Unless the context or the subject matter manifestly requires a different interpretation, when used in this article or in any ...

§ 371. Definitions\n Unless the context or the subject matter manifestly requires a\ndifferent interpretation, when used in this article or in any special\nact relating to children,\n 1. "Child" means a person actually or apparently under the age of\neighteen years;\n 2. "Abandoned child" means a child under the age of eighteen years who\nis abandoned by both parents, or by the parent having its custody, or by\nany other person or persons lawfully charged with its care or custody,\nin accordance with the definition and other criteria set forth in\nsubdivision five of section three hundred eighty-four-b;\n 3. "Destitute child" means:\n (a) a child under the age of eighteen who is in a state of want or\nsuffering due to lack of sufficient food, clothing, shelter, or medical\nor surgical care; and:\n (i) does not fit within the definition of an "abused child" or a\n"neglected child" as such terms are defined in section one thousand\ntwelve of the family court act; and\n (ii) is without any parent or caretaker as such term is defined in\nsection one thousand ninety-two of the family court act, available to\nsufficiently care for him or her, due to:\n (A) the death of a parent or caretaker; or\n (B) the incapacity or debilitation of a parent or caretaker, where\nsuch incapacity or debilitation would prevent such parent or caretaker\nfrom being able to knowingly and voluntarily enter into a written\nagreement to transfer the care and custody of said child pursuant to\nsection three hundred fifty-eight-a or three hundred eighty-four-a of\nthe social services law; or\n (C) the inability of the local social services district to locate any\nparent or caretaker, after making reasonable efforts to do so; or\n (D) the parent or caretaker being physically located outside of the\nstate of New York and the local social services district is or has been\nunable to return said child to such parent or caretaker while or after\nmaking reasonable efforts to do so, unless the lack of such efforts is\nor was appropriate under the circumstances;\n (b) a child who is under the age of eighteen years and absent from his\nor her legal residence without the consent of his or her parent, legal\nguardian or custodian; or\n (c) a child under the age of eighteen who is without a place of\nshelter where supervision and care are available who is not otherwise\ncovered under paragraph (a) of this subdivision; or\n (d) a person who is a former foster care youth under the age of\ntwenty-one who was previously placed in the care and custody or custody\nand guardianship of the local commissioner of social services or other\nofficer, board or department authorized to receive children as public\ncharges, and who was discharged from foster care due to a failure to\nconsent to continuation in placement, who has returned to foster care\npursuant to section one thousand ninety-one of the family court act.\n 4-a. "Neglected child" means a child less than eighteen years of age\n (i) whose physical, mental or emotional condition has been impaired or\nis in imminent danger of becoming impaired as a result of the failure of\nhis parent or other person legally responsible for his care to exercise\na minimum degree of care\n (A) in supplying the child with adequate food, clothing, shelter,\neducation, medical or surgical care, though financially able to do so or\noffered financial or other reasonable means to do so; or\n (B) in providing the child with proper supervision or guardianship, by\nunreasonably inflicting or allowing to be inflicted harm, or a\nsubstantial risk thereof, including the infliction of excessive corporal\npunishment; or by misusing a drug or drugs; or by misusing alcoholic\nbeverages to the extent that he loses self-control of his actions; or by\nany other acts of a similarly serious nature requiring the aid of the\ncourt; provided, however, that where the respondent is voluntarily and\nregularly participating in a rehabilitative program, evidence that the\nrespondent has repeatedly misused a drug or drugs or alcoholic beverages\nto the extent that he loses self-control of his actions shall not\nestablish that the child is a neglected child in the absence of evidence\nestablishing that the child's physical, mental or emotional condition\nhas been impaired or is in imminent danger of becoming impaired as set\nforth in paragraph (i) of this subdivision; or\n (ii) who has been abandoned by his parents or other person legally\nresponsible for his care.\n 4-b. "Abused child" means a child less than eighteen years of age\nwhose parent or other person legally responsible for his care\n (i) inflicts or allows to be inflicted upon such child physical injury\nby other than accidental means which causes or creates a substantial\nrisk of death, or serious or protracted disfigurement, or protracted\nimpairment of physical or emotional health or protracted loss or\nimpairment of the function of any bodily organ, or\n (ii) creates or allows to be created a substantial risk of physical\ninjury to such child by other than accidental means which would be\nlikely to cause death or serious or protracted disfigurement, or\nprotracted impairment of physical or emotional health or protracted loss\nor impairment of the function of any bodily organ, or\n (iii) commits, or allows to be committed, an act of sexual abuse\nagainst such child as defined in the penal law.\n 5. "Juvenile delinquent" means a person as defined in section 301.2 of\nthe family court act.\n 6. "Person in need of supervision" means a person as defined in\nsection seven hundred twelve of the family court act.\n 7. "Dependent child" means a child who is in the custody of, or wholly\nor partly maintained by an authorized agency or an institution, society\nor other organization of charitable, eleemosynary, correctional, or\nreformatory character;\n 8. "Mentally disabled child" means a child who has a mental disability\nas defined in section 1.03 of the mental hygiene law;\n 9. "Physically handicapped child" means a child who, by reason of a\nphysical disability or infirmity, whether congenital or acquired by\naccident, injury or disease, is or may be expected to be totally or\npartially incapacitated for education or for remunerative occupation, as\nprovided in the education law, or is or may be expected to be\nhandicapped, as provided in the public health law;\n 10. "Authorized agency" means\n (a) Any agency, association, corporation, institution, society or\nother organization which is incorporated or organized under the laws of\nthis state with corporate power or empowered by law to care for, to\nplace out or to board out children, which actually has its place of\nbusiness or plant in this state and which is approved, visited,\ninspected and supervised by the office of children and family services\nor which shall submit and consent to the approval, visitation,\ninspection and supervision of such office as to any and all acts in\nrelation to the welfare of children performed or to be performed under\nthis title; provided, however, that on and after June first, two\nthousand seven, such term shall not include any for-profit corporation\nor other for-profit entity or organization for the purposes of the\noperation, management, supervision or ownership of agency boarding\nhomes, group homes, homes including family boarding homes of family free\nhomes, or institutions which are located within this state;\n (b) Any court or any social services official of this state authorized\nby law to place out or to board out children or any Indian tribe that\nhas entered into an agreement with the department pursuant to section\nthirty-nine of this chapter;\n (c) Any agency, association, corporation, institution, society or\nother organization which is not incorporated or organized under the laws\nof this state, placing out a child for adoption whose admission to the\nUnited States as an eligible orphan with non-quota immigrant status\npursuant to the federal immigration and nationality act is sought for\nthe purpose of adoption in the State of New York or who has been brought\ninto the United States with such status and for such purpose, provided,\nhowever, that such agency, association, corporation, institution,\nsociety or other organization is licensed or otherwise authorized by\nanother state to place out children for adoption, that such agency,\nassociation, corporation, institution, society or other organization is\napproved by the department to place out such children with non-quota\nimmigrant status for adoption in the State of New York, and provided\nfurther, that such agency, association, corporation, institution,\nsociety or other organization complies with the regulations of the\ndepartment pertaining to such placements. Notwithstanding any other\nprovision of law to the contrary, such agency shall be limited in its\nfunctioning as an authorized agency to the placing out and adoption of\nsuch children. This paragraph shall not require the department to\napprove any such agency, association, corporation, institution, society\nor other organization which is located in a state which is a party to\nthe interstate compact on the placement of children.\n 11. "Custody" means custody in pursuance of or in compliance with\nexpressed provisions of law;\n 12. "Place out" means to arrange for the free care of a child in a\nfamily other than that of the child's parent, step-parent, grandparent,\nbrother, sister, uncle, or aunt or legal guardian, for the purpose of\nadoption or for the purpose of providing care;\n 13. "Place" or "commit" includes replace and recommit;\n 14. "Board out" means to arrange for the care of a child in a family,\nother than that of the child's parent, step-parent or legal guardian, to\nwhom payment is made or agreed to be made for care and maintenance.\n 15. "Home" includes a family boarding home or a family free home.\n 16. agency boarding home shall mean a family-type home for children\nand/or for minors operated by an authorized agency, in quarters or\npremises owned, leased or otherwise under the control of such agency,\nfor the purpose of providing care and maintenance therein for children\nor minors under the care of such agency.\n 17. "Group home" shall mean a facility for the care and maintenance of\nnot less than seven, nor more than twelve children, who are at least\nfive years of age, operated by an authorized agency except that such\nminimum age shall not be applicable to siblings placed in the same\nfacility nor to children whose mother is placed in the same facility.\n 18. "Public institution for children" shall mean an institution which\nis established and maintained by a public welfare district for the\npurpose of providing care and maintenance therein for children and\nminors for whose care such district is responsible and who require care\naway from their own homes.\n 19. "Foster parent" shall mean any person with whom a child, in the\ncare, custody or guardianship of an authorized agency, is placed for\ntemporary or long-term care, and "foster child" shall mean any person,\nin the care, custody or guardianship of an authorized agency, who is\nplaced for temporary or long-term care.\n 20. "Therapeutic foster parent" means a foster parent who is certified\nor licensed pursuant to section three hundred seventy-five or section\nthree hundred seventy-six of this article, or otherwise approved and who\nhas successfully completed a training program developed by professionals\nexperienced in treating children who exhibit high levels of disturbed\nbehavior, emotional disturbance or physical or health needs. For any\nsuch child placed in their care, such parent shall assist in the\nimplementation of the therapeutic treatment portion of the family\nservice plan required by section four hundred nine-e of this article.\n 21. "Supervised independent living program" shall mean one or more of\na type of agency boarding home operated and certified by an authorized\nagency in accordance with the regulations of the office of children and\nfamily services to provide a transitional experience for older youth\nwho, based upon their circumstances, are appropriate for transition to\nthe level of care and supervision provided in the program. Each\nsupervised independent living unit shall be located in the community\nseparate from any of the agency's other congregate dwellings.\n * 22. "Supervised setting" shall mean a residential placement in the\ncommunity approved and supervised by an authorized agency or the local\nsocial services district in accordance with the regulations of the\noffice of children and family services to provide a transitional\nexperience for older youth in which such youth may live independently. A\nsupervised setting includes, but is not limited to, placement in a\nsupervised independent living program, as defined in subdivision\ntwenty-one of this section.\n * NB There are 2 sb 22's\n * 22. "Kinship caregiver" means a relative or non-relative who is\nacting as a parent and who:\n (a) is related to the child through blood, marriage or adoption;\n (b) is related to a half-sibling of the child through blood, marriage\nor adoption; or\n (c) is an adult with a positive prior relationship with the child, a\nhalf-sibling of the child or the child's parent, including, but not\nlimited to, a step-parent, godparent, neighbor or family friend.\n * NB There are 2 sb 22's\n