§ 458-A — Definitions

§ 458-a. Definitions. As used in this title:\n 1. "Child" shall mean a person under the age of twenty-one years whose\ncustody, care and custody, or custody and guardianship have been\ncommitted to a social services official prior to such person's\neighteenth birthday pursuant to section three hundred fifty-eight-a,\nthree hundred eighty-three-c, three hundred eighty-four, three hundred\neighty-four-a or three hundred eighty-four-b of this chapter or article\nthree, seven, ten or 10-C of the family court act.\n 2. "Applicable board rate" shall mean an amount equal to the monthly\npayment that has been made by a social services official, in accordance\nwith section three hundred ninety-eight-a of this article and other\nprovisions of this chapter, for the care and maintenance of the child,\nwhile such child was boarded out in the approved or certified foster\nfamily boarding home with the prospective relative guardian. Such rate\nshall reflect annual changes in room and board rates and clothing\nreplacement allowances.\n 3. "Prospective relative guardian" shall mean a person who has been\ncaring for the child as a fully certified or approved foster parent for\nat least six consecutive months prior to applying for kinship\nguardianship assistance payments and who:\n (a) is related to the child through blood, marriage, or adoption; or\n (b) is related to a half-sibling of the child through blood, marriage\nor adoption and where such person or persons is or are also the\nprospective or appointed relative guardian or guardians of such\nhalf-sibling; or\n (c) is an adult with a positive relationship with the child,\nincluding, but not limited to, a step-parent, godparent, neighbor or\nfamily friend.\n 4. "Relative guardian" shall mean a person or persons who was\nappointed, as a guardian or permanent guardian for a child after\nentering into an agreement with a social services official for the\nreceipt of payments and services in accordance with this title.\n 5. "Social services official" shall mean a county commissioner of\nsocial services, a city commissioner of social services, or an Indian\ntribe with which the office of children and family services has entered\ninto an agreement to provide foster care services in accordance with\nsubdivision two of section thirty-nine of this chapter.\n 6. "Successor guardian" shall mean a person or persons that is\napproved by a local social services district to receive payments\npursuant to this title in accordance with subparagraph (ii) of paragraph\n(b) of subdivision five of section four hundred fifty-eight-b of this\ntitle and that has been named in the agreement in effect between the\nrelative guardian and social services official for kinship guardianship\nassistance payments pursuant to this title who shall provide care and\nguardianship for a child in the event of death or incapacity of the\nrelative guardian, as set forth in section four hundred fifty-eight-b of\nthis title, who has assumed care for and is the guardian or permanent\nguardian of such child, provided that such person was appointed guardian\nor permanent guardian of such child by the court following, or due to,\nthe death or incapacity of the relative guardian. Once approved in\naccordance with subparagraph (ii) of paragraph (b) of section four\nhundred fifty-eight-b of this title, a successor guardian shall be\ndeemed to have the same rights and responsibilities as a relative\nguardian in relation to any provisions of this title and any agreement\nentered into under this title.\n 7. "Prospective successor guardian" shall mean a person or persons\nwhom a prospective relative guardian or a relative guardian seeks to\nname or names in the original kinship guardianship assistance agreement,\nor any amendment thereto, as set forth in section four hundred\nfifty-eight-b of this title, as the person or persons to provide care\nand guardianship for a child in the event of the death or incapacity of\na relative guardian, who has not been approved in accordance with\nsubparagraph (ii) of paragraph (b) of subdivision five of section four\nhundred fifty-eight-b of this title.\n 8. "Incapacity" shall mean a substantial inability to care for a child\nas a result of: (a) a physically debilitating illness, disease or\ninjury; or (b) a mental impairment that results in a substantial\ninability to understand the nature and consequences of decisions\nconcerning the care of a child.\n