Legislation

Search OpenLegislation Statutes
This entry was published on 2021-07-30
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 371
Definitions Unless the context or the subject matter manifestly requires a different interpretation, when used in this article or in any ...
Social Services (SOS) CHAPTER 55, ARTICLE 6, TITLE 1
§ 371. Definitions

Unless the context or the subject matter manifestly requires a
different interpretation, when used in this article or in any special
act relating to children,

1. "Child" means a person actually or apparently under the age of
eighteen years;

2. "Abandoned child" means a child under the age of eighteen years who
is abandoned by both parents, or by the parent having its custody, or by
any other person or persons lawfully charged with its care or custody,
in accordance with the definition and other criteria set forth in
subdivision five of section three hundred eighty-four-b;

3. "Destitute child" means:

(a) a child under the age of eighteen who is in a state of want or
suffering due to lack of sufficient food, clothing, shelter, or medical
or surgical care; and:

(i) does not fit within the definition of an "abused child" or a
"neglected child" as such terms are defined in section one thousand
twelve of the family court act; and

(ii) is without any parent or caretaker as such term is defined in
section one thousand ninety-two of the family court act, available to
sufficiently care for him or her, due to:

(A) the death of a parent or caretaker; or

(B) the incapacity or debilitation of a parent or caretaker, where
such incapacity or debilitation would prevent such parent or caretaker
from being able to knowingly and voluntarily enter into a written
agreement to transfer the care and custody of said child pursuant to
section three hundred fifty-eight-a or three hundred eighty-four-a of
the social services law; or

(C) the inability of the local social services district to locate any
parent or caretaker, after making reasonable efforts to do so; or

(D) the parent or caretaker being physically located outside of the
state of New York and the local social services district is or has been
unable to return said child to such parent or caretaker while or after
making reasonable efforts to do so, unless the lack of such efforts is
or was appropriate under the circumstances;

(b) a child who is under the age of eighteen years and absent from his
or her legal residence without the consent of his or her parent, legal
guardian or custodian; or

(c) a child under the age of eighteen who is without a place of
shelter where supervision and care are available who is not otherwise
covered under paragraph (a) of this subdivision; or

(d) a person who is a former foster care youth under the age of
twenty-one who was previously placed in the care and custody or custody
and guardianship of the local commissioner of social services or other
officer, board or department authorized to receive children as public
charges, and who was discharged from foster care due to a failure to
consent to continuation in placement, who has returned to foster care
pursuant to section one thousand ninety-one of the family court act.

4-a. "Neglected child" means a child less than eighteen years of age

(i) whose physical, mental or emotional condition has been impaired or
is in imminent danger of becoming impaired as a result of the failure of
his parent or other person legally responsible for his care to exercise
a minimum degree of care

(A) in supplying the child with adequate food, clothing, shelter,
education, medical or surgical care, though financially able to do so or
offered financial or other reasonable means to do so; or

(B) in providing the child with proper supervision or guardianship, by
unreasonably inflicting or allowing to be inflicted harm, or a
substantial risk thereof, including the infliction of excessive corporal
punishment; or by misusing a drug or drugs; or by misusing alcoholic
beverages to the extent that he loses self-control of his actions; or by
any other acts of a similarly serious nature requiring the aid of the
court; provided, however, that where the respondent is voluntarily and
regularly participating in a rehabilitative program, evidence that the
respondent has repeatedly misused a drug or drugs or alcoholic beverages
to the extent that he loses self-control of his actions shall not
establish that the child is a neglected child in the absence of evidence
establishing that the child's physical, mental or emotional condition
has been impaired or is in imminent danger of becoming impaired as set
forth in paragraph (i) of this subdivision; or

(ii) who has been abandoned by his parents or other person legally
responsible for his care.

4-b. "Abused child" means a child less than eighteen years of age
whose parent or other person legally responsible for his care

(i) inflicts or allows to be inflicted upon such child physical injury
by other than accidental means which causes or creates a substantial
risk of death, or serious or protracted disfigurement, or protracted
impairment of physical or emotional health or protracted loss or
impairment of the function of any bodily organ, or

(ii) creates or allows to be created a substantial risk of physical
injury to such child by other than accidental means which would be
likely to cause death or serious or protracted disfigurement, or
protracted impairment of physical or emotional health or protracted loss
or impairment of the function of any bodily organ, or

(iii) commits, or allows to be committed, an act of sexual abuse
against such child as defined in the penal law.

5. "Juvenile delinquent" means a person as defined in section 301.2 of
the family court act.

6. "Person in need of supervision" means a person as defined in
section seven hundred twelve of the family court act.

7. "Dependent child" means a child who is in the custody of, or wholly
or partly maintained by an authorized agency or an institution, society
or other organization of charitable, eleemosynary, correctional, or
reformatory character;

8. "Mentally disabled child" means a child who has a mental disability
as defined in section 1.03 of the mental hygiene law;

9. "Physically handicapped child" means a child who, by reason of a
physical disability or infirmity, whether congenital or acquired by
accident, injury or disease, is or may be expected to be totally or
partially incapacitated for education or for remunerative occupation, as
provided in the education law, or is or may be expected to be
handicapped, as provided in the public health law;

10. "Authorized agency" means

(a) Any agency, association, corporation, institution, society or
other organization which is incorporated or organized under the laws of
this state with corporate power or empowered by law to care for, to
place out or to board out children, which actually has its place of
business or plant in this state and which is approved, visited,
inspected and supervised by the office of children and family services
or which shall submit and consent to the approval, visitation,
inspection and supervision of such office as to any and all acts in
relation to the welfare of children performed or to be performed under
this title; provided, however, that on and after June first, two
thousand seven, such term shall not include any for-profit corporation
or other for-profit entity or organization for the purposes of the
operation, management, supervision or ownership of agency boarding
homes, group homes, homes including family boarding homes of family free
homes, or institutions which are located within this state;

(b) Any court or any social services official of this state authorized
by law to place out or to board out children or any Indian tribe that
has entered into an agreement with the department pursuant to section
thirty-nine of this chapter;

(c) Any agency, association, corporation, institution, society or
other organization which is not incorporated or organized under the laws
of this state, placing out a child for adoption whose admission to the
United States as an eligible orphan with non-quota immigrant status
pursuant to the federal immigration and nationality act is sought for
the purpose of adoption in the State of New York or who has been brought
into the United States with such status and for such purpose, provided,
however, that such agency, association, corporation, institution,
society or other organization is licensed or otherwise authorized by
another state to place out children for adoption, that such agency,
association, corporation, institution, society or other organization is
approved by the department to place out such children with non-quota
immigrant status for adoption in the State of New York, and provided
further, that such agency, association, corporation, institution,
society or other organization complies with the regulations of the
department pertaining to such placements. Notwithstanding any other
provision of law to the contrary, such agency shall be limited in its
functioning as an authorized agency to the placing out and adoption of
such children. This paragraph shall not require the department to
approve any such agency, association, corporation, institution, society
or other organization which is located in a state which is a party to
the interstate compact on the placement of children.

11. "Custody" means custody in pursuance of or in compliance with
expressed provisions of law;

12. "Place out" means to arrange for the free care of a child in a
family other than that of the child's parent, step-parent, grandparent,
brother, sister, uncle, or aunt or legal guardian, for the purpose of
adoption or for the purpose of providing care;

13. "Place" or "commit" includes replace and recommit;

14. "Board out" means to arrange for the care of a child in a family,
other than that of the child's parent, step-parent or legal guardian, to
whom payment is made or agreed to be made for care and maintenance.

15. "Home" includes a family boarding home or a family free home.

16. agency boarding home shall mean a family-type home for children
and/or for minors operated by an authorized agency, in quarters or
premises owned, leased or otherwise under the control of such agency,
for the purpose of providing care and maintenance therein for children
or minors under the care of such agency.

17. "Group home" shall mean a facility for the care and maintenance of
not less than seven, nor more than twelve children, who are at least
five years of age, operated by an authorized agency except that such
minimum age shall not be applicable to siblings placed in the same
facility nor to children whose mother is placed in the same facility.

18. "Public institution for children" shall mean an institution which
is established and maintained by a public welfare district for the
purpose of providing care and maintenance therein for children and
minors for whose care such district is responsible and who require care
away from their own homes.

19. "Foster parent" shall mean any person with whom a child, in the
care, custody or guardianship of an authorized agency, is placed for
temporary or long-term care, and "foster child" shall mean any person,
in the care, custody or guardianship of an authorized agency, who is
placed for temporary or long-term care.

20. "Therapeutic foster parent" means a foster parent who is certified
or licensed pursuant to section three hundred seventy-five or section
three hundred seventy-six of this article, or otherwise approved and who
has successfully completed a training program developed by professionals
experienced in treating children who exhibit high levels of disturbed
behavior, emotional disturbance or physical or health needs. For any
such child placed in their care, such parent shall assist in the
implementation of the therapeutic treatment portion of the family
service plan required by section four hundred nine-e of this article.

21. "Supervised independent living program" shall mean one or more of
a type of agency boarding home operated and certified by an authorized
agency in accordance with the regulations of the office of children and
family services to provide a transitional experience for older youth
who, based upon their circumstances, are appropriate for transition to
the level of care and supervision provided in the program. Each
supervised independent living unit shall be located in the community
separate from any of the agency's other congregate dwellings.

* 22. "Supervised setting" shall mean a residential placement in the
community approved and supervised by an authorized agency or the local
social services district in accordance with the regulations of the
office of children and family services to provide a transitional
experience for older youth in which such youth may live independently. A
supervised setting includes, but is not limited to, placement in a
supervised independent living program, as defined in subdivision
twenty-one of this section.

* NB There are 2 sb 22's

* NB Effective September 29, 2021 if certain conditions are met (see
chapter 56 of 2021, Part L, § 17 sb (a))

* 22. "Kinship caregiver" means a relative or non-relative who is
acting as a parent and who:

(a) is related to the child through blood, marriage or adoption;

(b) is related to a half-sibling of the child through blood, marriage
or adoption; or

(c) is an adult with a positive prior relationship with the child, a
half-sibling of the child or the child's parent, including, but not
limited to, a step-parent, godparent, neighbor or family friend.

* NB There are 2 sb 22's