Section 712. Definitions  


Latest version.
  • As used in this article, the following terms shall
      have the following meanings:
        * (a)  "Person  in  need  of supervision". A person less than eighteen
      years of  age  who  does  not  attend  school  in  accordance  with  the
      provisions of part one of article sixty-five of the education law or who
      is  incorrigible,  ungovernable or habitually disobedient and beyond the
      lawful control of a parent or other person legally responsible for  such
      child's  care, or other lawful authority, or who violates the provisions
      of section 221.05 of the penal law.
        * NB Effective until April 1, 2010
        * (a) "Person in need of supervision". A  person  less  than  eighteen
      years  of  age  who  does  not  attend  school  in  accordance  with the
      provisions of part one of article sixty-five of the education law or who
      is incorrigible, ungovernable or habitually disobedient and  beyond  the
      lawful  control of a parent or other person legally responsible for such
      child's care, or other lawful authority, or who violates the  provisions
      of section 221.05, 230.00, or 240.37 of the penal law.
        * NB Effective April 1, 2010
        (b)  "Detention".  The temporary care and maintenance of children away
      from their own homes as defined in  section  five  hundred  two  of  the
      executive law.
        (c)   "Secure   detention   facility".  A  facility  characterized  by
      physically restricting construction, hardware and procedures.
        (d) "Non-secure detention facility". A facility characterized  by  the
      absence of physically restricting construction, hardware and procedures.
        (e)  "Fact-finding  hearing".  A  hearing  to  determine  whether  the
      respondent did the acts alleged to show that he violated  a  law  or  is
      incorrigible,  ungovernable  or  habitually  disobedient  and beyond the
      control of his parents, guardian or legal custodian.
        (f) "Dispositional  hearing".  A  hearing  to  determine  whether  the
      respondent requires supervision or treatment.
        (g)  "Aggravated  circumstances".  Aggravated circumstances shall have
      the same meaning as the definition of such term in  subdivision  (j)  of
      section one thousand twelve of this act.
        (h)  "Permanency hearing". A hearing held in accordance with paragraph
      (b) of subdivision two of section seven hundred  fifty-four  or  section
      seven  hundred  fifty-six-a of this article for the purpose of reviewing
      the foster care status of the respondent and the appropriateness of  the
      permanency  plan  developed by the social services official on behalf of
      such respondent.
        (i) "Diversion services". Services provided to children  and  families
      pursuant  to  section  seven hundred thirty-five of this article for the
      purpose of avoiding the need to file a petition or direct the  detention
      of  the child. Diversion services shall include: efforts to adjust cases
      pursuant to this article before a petition is filed, or by order of  the
      court, after the petition is filed but before fact-finding is commenced;
      and preventive services provided in accordance with section four hundred
      nine-a  of  the  social services law to avert the placement of the child
      into foster care, including crisis intervention and respite services.