Section 1012. Definitions

When used in this article and unless the specific
  context indicates otherwise:
    (a)   "Respondent"   includes  any  parent  or  other  person  legally
  responsible for a  child's  care  who  is  alleged  to  have  abused  or
  neglected such child;
    (b) "Child" means any person or persons alleged to have been abused or
  neglected, whichever the case may be;
    (c)  "A  case involving abuse" means any proceeding under this article
  in which there are allegations that one or more of the children  of,  or
  the legal responsibility of, the respondent are abused children;
    (d)  "Drug"  means  any substance defined as a controlled substance in
  section thirty-three hundred six of the public health law;
    (e) "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 offense against such child
  defined in article one hundred thirty of the penal law; allows,  permits
  or  encourages  such  child  to  engage in any act described in sections
  230.25, 230.30 and 230.32 of the penal law;  commits  any  of  the  acts
  described  in  sections  255.25,  255.26 and 255.27 of the penal law; or
  allows such child to engage in acts or conduct described in article  two
  hundred  sixty-three  of  the  penal law provided, however, that (a) the
  corroboration requirements contained in the penal law and  (b)  the  age
  requirement  for  the  application of article two hundred sixty-three of
  such law shall not apply to proceedings under this article.
    (f) "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 or
  education in accordance with the  provisions  of  part  one  of  article
  sixty-five  of  the  education  law, or medical, dental, optometrical 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, in accordance with the definition and
  other criteria set forth in subdivision five of  section  three  hundred
  eighty-four-b of the social services law, by his parents or other person
  legally responsible for his care.
    (g)  "Person  legally  responsible"  includes  the  child's custodian,
  guardian, any other person responsible  for  the  child's  care  at  the
  relevant  time.  Custodian  may  include  any  person  continually or at
  regular intervals found in the same household  as  the  child  when  the
  conduct  of such person causes or contributes to the abuse or neglect of
  the child.
    (h) "Impairment of emotional health"  and  "impairment  of  mental  or
  emotional  condition"  includes  a  state  of  substantially  diminished
  psychological or  intellectual  functioning  in  relation  to,  but  not
  limited  to, such factors as failure to thrive, control of aggressive or
  self-destructive impulses, ability to think and reason, or acting out or
  misbehavior,  including  incorrigibility,  ungovernability  or  habitual
  truancy;  provided,  however,  that  such  impairment  must  be  clearly
  attributable to the unwillingness or  inability  of  the  respondent  to
  exercise a minimum degree of care toward the child.
    (i)  "Child  protective  agency" means the child protective service of
  the appropriate local  department  of  social  services  or  such  other
  agencies  with  whom the local department has arranged for the provision
  of child protective services under the local plan for  child  protective
  services  or an Indian tribe that has entered into an agreement with the
  state department of social services pursuant to section  thirty-nine  of
  the social services law to provide child protective services.
    (j)  "Aggravated  circumstances"  means  where a child has been either
  severely or repeatedly  abused,  as  defined  in  subdivision  eight  of
  section three hundred eighty-four-b of the social services law; or where
  a child has subsequently been found to be an abused child, as defined in
  paragraph  (i)  or (iii) of subdivision (e) of this section, within five
  years after return home following placement in foster care as  a  result
  of being found to be a neglected child, as defined in subdivision (f) of
  this section, provided that the respondent or respondents in each of the
  foregoing  proceedings  was  the same; or where the court finds by clear
  and convincing evidence that the parent of a child in  foster  care  has
  refused  and has failed completely, over a period of at least six months
  from the date of removal, to engage in services necessary  to  eliminate
  the  risk  of abuse or neglect if returned to the parent, and has failed
  to secure services on his or her own or otherwise adequately prepare for
  the return home and, after being informed by  the  court  that  such  an
  admission  could  eliminate the requirement that the local department of
  social services provide reunification services to the parent, the parent
  has stated in court under oath that he or she  intends  to  continue  to
  refuse  such necessary services and is unwilling to secure such services
  independently  or  otherwise  prepare  for  the  child's  return   home;
  provided,  however,  that if the court finds that adequate justification
  exists for the failure to engage in or secure such  services,  including
  but  not  limited to a lack of child care, a lack of transportation, and
  an inability to attend services that conflict  with  the  parent's  work
  schedule,  such failure shall not constitute an aggravated circumstance;
  or where a court has determined a child five days  old  or  younger  was
  abandoned  by  a  parent with an intent to wholly abandon such child and
  with the intent that the child be safe from physical  injury  and  cared
  for in an appropriate manner.
    (k)  "Permanency  hearing"  means  a  hearing  held in accordance with
  section one  thousand  eighty-nine  of  this  act  for  the  purpose  of

  reviewing the foster care status of the child and the appropriateness of
  the permanency plan developed by the social services district or agency.