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This entry was published on 2022-01-07
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SECTION 412
General definitions
Social Services (SOS) CHAPTER 55, ARTICLE 6, TITLE 6
§ 412. General definitions. When used in this title and unless the
specific context indicates otherwise:

1. An "abused child" means a child under eighteen years of age and who
is defined as an abused child by the family court act;

2. A "maltreated child" includes a child under eighteen years of age:

(a) defined as a neglected child by the family court act, or

(b) who has had serious physical injury inflicted upon him or her by
other than accidental means;

3. "Person legally responsible" for a child means a person legally
responsible as defined by the family court act;

4. "Subject of the report" means any parent of, guardian of, or other
person eighteen years of age or older legally responsible for, as
defined in subdivision (g) of section one thousand twelve of the family
court act, a child reported to the statewide central register of child
abuse and maltreatment who is allegedly responsible for causing injury,
abuse or maltreatment to such child or who allegedly allows such injury,
abuse or maltreatment to be inflicted on such child; or a director or an
operator of, or employee or volunteer in, a home operated or supervised
by an authorized agency, the office of children and family services, or
in a family day-care home, a day-care center, a group family day care
home, a school-age child care program or a day-services program who is
allegedly responsible for causing injury, abuse or maltreatment to a
child who is reported to the statewide central register of child abuse
or maltreatment or who allegedly allows such injury, abuse or
maltreatment to be inflicted on such child;

5. "Other persons named in the report" shall mean and be limited to
the following persons who are named in a report of child abuse or
maltreatment other than the subject of the report: the child who is
reported to the statewide central register of child abuse and
maltreatment; and such child's parent, guardian, or other person legally
responsible for the child who has not been named in the report as
allegedly responsible for causing injury, abuse or maltreatment to the
child or as allegedly allowing such injury, abuse or maltreatment to be
inflicted on such child;

6. An "unfounded report" means any report made pursuant to this title
unless an investigation: (i) commenced on or before December
thirty-first, two thousand twenty-one determines that some credible
evidence of the alleged abuse or maltreatment exists; or (ii) commenced
on or after January first, two thousand twenty-two determines that a
fair preponderance of the evidence of the alleged abuse or maltreatment
exists;

7. An "indicated report" means a report made pursuant to this title if
an investigation: (i) commenced on or before December thirty-first, two
thousand twenty-one determines that some credible evidence of the
alleged abuse or maltreatment exists; or (ii) commenced on or after
January first, two thousand twenty-two determines that a fair
preponderance of the evidence of the alleged abuse or maltreatment
exists;

8. "Substance abuse counselor" or "alcoholism counselor" means any
person who has been issued a credential therefor by the office of
alcoholism and substance abuse services, pursuant to paragraphs one and
two of subdivision (d) of section 19.07 of the mental hygiene law.

9. A "publicly-funded emergency shelter for families with children"
means any facility with overnight sleeping accommodations and that is
used to house recipients of temporary housing assistance and which
houses or may house children and families with children.