412 - General definitions. - New York Statutes

§ 412. General definitions. When used in this title and unless the specific context indicates otherwise: 1. An "abused child" means: (a) a child under eighteen years of age not in "residential care," as defined in subdivision four of section four hundred twelve-a of this title, and who is defined as an abused child by the family court act; or (b) a child under the age of eighteen years who is defined as an abused child in residential care pursuant to subdivision one of section four hundred twelve-a of this title; 2. A "maltreated child" includes: (a) a child under eighteen years of age not in "residential care" as defined in subdivision four of section four hundred twelve-a of this title: (i) defined as a neglected child by the family court act, or (ii) who has had serious physical injury inflicted upon him or her by other than accidental means; or (b) a child who is a neglected child in residential care as defined in subdivision two of section four hundred twelve-a of this title; 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: (a) 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 an office of the department of mental hygiene 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; or (b) a subject of a report of an abused or neglected child in residential care as defined in subdivision eight of section four hundred twelve-a of this title; 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: (a) 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; or (b) other persons named in a report of an abused or neglected child in residential care as defined in subdivision nine of section four hundred twelve-a of this title; 6. An "unfounded report" means any report made pursuant to this title unless an investigation determines that some credible evidence of the alleged abuse or maltreatment exists; 7. An "indicated report" means a report made pursuant to this title if an investigation determines that some credible 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.