Section 412. General definitions  


Latest version.
  • 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.