§ 301.2. Definitions. As used in this article, the following terms
shall have the following meanings:

1. "Juvenile delinquent" means:

(a)(i) a person at least twelve and less than eighteen years of age,
having committed an act that would constitute a crime if committed by an
adult; or

(ii) a person over sixteen and less than seventeen years of age or, a
person over sixteen and less than eighteen years of age commencing
October first, two thousand nineteen, having committed an act that would
constitute a violation as defined by subdivision three of section 10.00
of the penal law if committed by an adult, where such violation is
alleged to have occurred in the same transaction or occurrence of the
alleged criminal act; or

(iii) a person over the age of seven and less than twelve years of age
having committed an act that would constitute one of the following
crimes, if committed by an adult: (A) aggravated criminally negligent
homicide as defined in section 125.11 of the penal law; (B) vehicular
manslaughter in the second degree as defined in section 125.12 of the
penal law; (C) vehicular manslaughter in the first degree as defined in
section 125.13 of the penal law; (D) aggravated vehicular homicide as
defined in section 125.14 of the penal law; (E) manslaughter in the
second degree as defined in section 125.15 of the penal law; (F)
manslaughter in the first degree as defined in section 125.20 of the
penal law; (G) aggravated manslaughter in the second degree as defined
in section 125.21 of the penal law; (H) aggravated manslaughter in the
first degree as defined in section 125.22 of the penal law; (I) murder
in the second degree as defined in section 125.25 of the penal law; (J)
aggravated murder as defined in section 125.26 of the penal law; and (K)
murder in the first degree as defined in section 125.27 of the penal
law; and

(b) who is:

(i) not criminally responsible for such conduct by reason of infancy;
or

(ii) the defendant in an action ordered removed from a criminal court
to the family court pursuant to article seven hundred twenty-five of the
criminal procedure law.

2. "Respondent" means the person against whom a juvenile delinquency
petition is filed pursuant to section 310.1. Provided, however, that any
act of the respondent required or authorized under this article may be
performed by his or her attorney unless expressly provided otherwise.

3. "Detention" means the temporary care and maintenance of children
away from their own homes, as defined in section five hundred two of the
executive law. Detention of a person alleged to be or adjudicated as a
juvenile delinquent shall be authorized only in a facility certified by
the division for youth as a detention facility pursuant to section five
hundred three of the executive law.

4. "Secure detention facility" means a facility characterized by
physically restricting construction, hardware and procedures.

5. "Non-secure detention facility" means a facility characterized by
the absence of physically restricting construction, hardware and
procedures.

6. "Fact-finding hearing" means a hearing to determine whether the
respondent or respondents committed the crime or crimes alleged in the
petition or petitions.

7. "Dispositional hearing" means a hearing to determine whether the
respondent requires supervision, treatment or confinement.

8. "Designated felony act" means an act which, if done by an adult,
would be a crime: (i) defined in sections 125.27 (murder in the first
degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
first degree); or 150.20 (arson in the first degree) of the penal law
committed by a person thirteen, fourteen, fifteen, sixteen, or seventeen
years of age; or such conduct committed as a sexually motivated felony,
where authorized pursuant to section 130.91 of the penal law; (ii)
defined in sections 120.10 (assault in the first degree); 125.20
(manslaughter in the first degree); 130.35 (rape in the first degree);
130.50 (criminal sexual act in the first degree); 130.70 (aggravated
sexual abuse in the first degree); 135.20 (kidnapping in the second
degree) but only where the abduction involved the use or threat of use
of deadly physical force; 150.15 (arson in the second degree) or 160.15
(robbery in the first degree) of the penal law committed by a person
thirteen, fourteen, fifteen, sixteen, or seventeen years of age; or such
conduct committed as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (iii) defined in the penal
law as an attempt to commit murder in the first or second degree or
kidnapping in the first degree committed by a person thirteen, fourteen,
fifteen, sixteen, or seventeen years of age; or such conduct committed
as a sexually motivated felony, where authorized pursuant to section
130.91 of the penal law; (iv) defined in section 140.30 (burglary in the
first degree); subdivision one of section 140.25 (burglary in the second
degree); subdivision two of section 160.10 (robbery in the second
degree) of the penal law; or section 265.03 of the penal law, where such
machine gun or such firearm is possessed on school grounds, as that
phrase is defined in subdivision fourteen of section 220.00 of the penal
law committed by a person fourteen, fifteen, sixteen, or seventeen years
of age; or such conduct committed as a sexually motivated felony, where
authorized pursuant to section 130.91 of the penal law; (v) defined in
section 120.05 (assault in the second degree) or 160.10 (robbery in the
second degree) of the penal law committed by a person fourteen, fifteen,
sixteen or seventeen years of age but only where there has been a prior
finding by a court that such person has previously committed an act
which, if committed by an adult, would be the crime of assault in the
second degree, robbery in the second degree or any designated felony act
specified in paragraph (i), (ii), or (iii) of this subdivision
regardless of the age of such person at the time of the commission of
the prior act; (vi) other than a misdemeanor committed by a person at
least twelve but less than eighteen years of age, but only where there
have been two prior findings by the court that such person has committed
a prior act which, if committed by an adult, would be a felony.

9. "Designated class A felony act" means a designated felony act that
would constitute a class A felony if committed by an adult.

10. "Secure facility" means a residential facility in which the
respondent may be placed under this article, which is characterized by
physically restricting construction, hardware and procedures, and is
designated as a secure facility by the division for youth.

11. "Restrictive placement" means a placement pursuant to section
353.5.

12. "Presentment agency" means the agency or authority which pursuant
to section two hundred fifty-four or two hundred fifty-four-a is
responsible for presenting a juvenile delinquency petition.

13. "Incapacitated person" means a respondent who, as a result of
mental illness, or intellectual or developmental disability as defined
in subdivisions twenty and twenty-two of section 1.03 of the mental
hygiene law, lacks capacity to understand the proceedings against him or
her or to assist in his or her own defense.

14. Any reference in this article to the commission of a crime
includes any act which, if done by an adult, would constitute a crime.

15. "Aggravated circumstances" shall have the same meaning as the
definition of such term in subdivision (j) of section one thousand
twelve of this act.

16. "Permanency hearing" means an initial hearing or subsequent
hearing held in accordance with the provisions of this article for the
purpose of reviewing the foster care status of the respondent and the
appropriateness of the permanency plan developed by the commissioner of
social services or the office of children and family services.

17. "Designated educational official" shall mean (a) an employee or
representative of a school district who is designated by the school
district or (b) an employee or representative of a charter school or
private elementary or secondary school who is designated by such school
to receive records pursuant to this article and to coordinate the
student's participation in programs which may exist in the school
district or community, including: non-violent conflict resolution
programs, peer mediation programs and youth courts, extended day
programs and other school violence prevention and intervention programs
which may exist in the school district or community. Such notification
shall be kept separate and apart from such student's school records and
shall be accessible only by the designated educational official. Such
notification shall not be part of such student's permanent school record
and shall not be appended to or included in any documentation regarding
such student and shall be destroyed at such time as such student is no
longer enrolled in the school district. At no time shall such
notification be used for any purpose other than those specified in this
subdivision.