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This entry was published on 2018-05-04
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SECTION 458-A
Definitions
Social Services (SOS) CHAPTER 55, ARTICLE 6, TITLE 10
§ 458-a. Definitions. As used in this title:

1. "Child" shall mean a person under the age of twenty-one years whose
custody, care and custody, or custody and guardianship have been
committed to a social services official prior to such person's
eighteenth birthday pursuant to section three hundred fifty-eight-a,
three hundred eighty-four, three hundred eighty-four-a or three hundred
eighty-four-b of this chapter or article three, seven, ten or 10-C of
the family court act.

2. "Applicable board rate" shall mean an amount equal to the monthly
payment that has been made by a social services official, in accordance
with section three hundred ninety-eight-a of this article and other
provisions of this chapter, for the care and maintenance of the child,
while such child was boarded out in the approved or certified foster
family boarding home with the prospective relative guardian. Such rate
shall reflect annual changes in room and board rates and clothing
replacement allowances.

3. "Prospective relative guardian" shall mean a person who has been
caring for the child as a fully certified or approved foster parent for
at least six consecutive months prior to applying for kinship
guardianship assistance payments and who:

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

(b) is related to a half-sibling of the child through blood, marriage
or adoption and where such person or persons is or are also the
prospective or appointed relative guardian or guardians of such
half-sibling; or

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

4. "Relative guardian" shall mean a person or persons who was
appointed, as a guardian or permanent guardian for a child after
entering into an agreement with a social services official for the
receipt of payments and services in accordance with this title.

5. "Social services official" shall mean a county commissioner of
social services, a city commissioner of social services, or an Indian
tribe with which the office of children and family services has entered
into an agreement to provide foster care services in accordance with
subdivision two of section thirty-nine of this chapter.

6. "Successor guardian" shall mean a person or persons that is
approved by a local social services district to receive payments
pursuant to this title in accordance with subparagraph (ii) of paragraph
(b) of subdivision five of section four hundred fifty-eight-b of this
title and that has been named in the agreement in effect between the
relative guardian and social services official for kinship guardianship
assistance payments pursuant to this title who shall provide care and
guardianship for a child in the event of death or incapacity of the
relative guardian, as set forth in section four hundred fifty-eight-b of
this title, who has assumed care for and is the guardian or permanent
guardian of such child, provided that such person was appointed guardian
or permanent guardian of such child by the court following, or due to,
the death or incapacity of the relative guardian. Once approved in
accordance with subparagraph (ii) of paragraph (b) of section four
hundred fifty-eight-b of this title, a successor guardian shall be
deemed to have the same rights and responsibilities as a relative
guardian in relation to any provisions of this title and any agreement
entered into under this title.

7. "Prospective successor guardian" shall mean a person or persons
whom a prospective relative guardian or a relative guardian seeks to
name or names in the original kinship guardianship assistance agreement,
or any amendment thereto, as set forth in section four hundred
fifty-eight-b of this title, as the person or persons to provide care
and guardianship for a child in the event of the death or incapacity of
a relative guardian, who has not been approved in accordance with
subparagraph (ii) of paragraph (b) of subdivision five of section four
hundred fifty-eight-b of this title.

8. "Incapacity" shall mean a substantial inability to care for a child
as a result of: (a) a physically debilitating illness, disease or
injury; or (b) a mental impairment that results in a substantial
inability to understand the nature and consequences of decisions
concerning the care of a child.