N.Y.
Social Services Law Section 412
General definitions
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.
Source:
Section 412 — General definitions, https://www.nysenate.gov/legislation/laws/SOS/412 (updated Jan. 7, 2022; accessed Oct. 26, 2024).
