§ 412 — General definitions

New York § 412

• Jurisdiction: New York
• Law SOS: Social Services
• Title 6: Child Protective Services
• Art. 6: Children

Text

§ 412. General definitions. When used in this title and unless the\nspecific context indicates otherwise:\n 1. An "abused child" means a child under eighteen years of age and who\nis defined as an abused child by the family court act;\n 2. A "maltreated child" includes a child under eighteen years of age:\n (a) defined as a neglected child by the family court act, or\n (b) who has had serious physical injury inflicted upon him or her by\nother than accidental means;\n 3. "Person legally responsible" for a child means a person legally\nresponsible as defined by the family court act;\n 4. "Subject of the report" means any parent of, guardian of, or other\nperson eighteen years of age or older legally responsible for, as\ndefined in subdivision (g) of section one thousand twelve of the family\ncourt act, a child reported to the statewide central register of child\nabuse and maltreatment who is allegedly responsible for causing injury,\nabuse or maltreatment to such child or who allegedly allows such injury,\nabuse or maltreatment to be inflicted on such child; or a director or an\noperator of, or employee or volunteer in, a home operated or supervised\nby an authorized agency, the office of children and family services, or\nin a family day-care home, a day-care center, a group family day care\nhome, a school-age child care program or a day-services program who is\nallegedly responsible for causing injury, abuse or maltreatment to a\nchild who is reported to the statewide central register of child abuse\nor maltreatment or who allegedly allows such injury, abuse or\nmaltreatment to be inflicted on such child;\n 5. "Other persons named in the report" shall mean and be limited to\nthe following persons who are named in a report of child abuse or\nmaltreatment other than the subject of the report: the child who is\nreported to the statewide central register of child abuse and\nmaltreatment; and such child's parent, guardian, or other person legally\nresponsible for the child who has not been named in the report as\nallegedly responsible for causing injury, abuse or maltreatment to the\nchild or as allegedly allowing such injury, abuse or maltreatment to be\ninflicted on such child;\n 6. An "unfounded report" means any report made pursuant to this title\nunless an investigation: (i) commenced on or before December\nthirty-first, two thousand twenty-one determines that some credible\nevidence of the alleged abuse or maltreatment exists; or (ii) commenced\non or after January first, two thousand twenty-two determines that a\nfair preponderance of the evidence of the alleged abuse or maltreatment\nexists;\n 7. An "indicated report" means a report made pursuant to this title if\nan investigation: (i) commenced on or before December thirty-first, two\nthousand twenty-one determines that some credible evidence of the\nalleged abuse or maltreatment exists; or (ii) commenced on or after\nJanuary first, two thousand twenty-two determines that a fair\npreponderance of the evidence of the alleged abuse or maltreatment\nexists;\n 8. "Substance abuse counselor" or "alcoholism counselor" means any\nperson who has been issued a credential therefor by the office of\nalcoholism and substance abuse services, pursuant to paragraphs one and\ntwo of subdivision (d) of section 19.07 of the mental hygiene law.\n 9. A "publicly-funded emergency shelter for families with children"\nmeans any facility with overnight sleeping accommodations and that is\nused to house recipients of temporary housing assistance and which\nhouses or may house children and families with children.\n