§ 1092 Definitions
§ 1093 Originating Proceedings
§ 1094 Initial Appearance and Preliminary Proceedings
§ 1095 Fact Finding and Disposition
§ 1096 Custody or Guardianship With Relatives or Suitable Persons Pursuant to Article Six of This Act or Article Seventeen of the Surrogate’s Court Procedure Act

Terms Used In New York Laws > Family Court > Article 10-C - Destitute Children

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • caretaker: shall mean a person or persons, other than a parent of a child alleged or adjudicated to be a destitute child pursuant to this article, who possesses a valid, current court order providing him or her with temporary or permanent guardianship or temporary or permanent custody of said child. See N.Y. Family Court Law 1092
  • commissioner of social services: shall mean the commissioner of the local department of social services or, in a city having a population of one million or more, the administration for children's services. See N.Y. Family Court Law 1092
  • destitute child: shall mean a child under the age of eighteen who is in a state of want or suffering due to lack of sufficient food, clothing, shelter, or medical or surgical care and:

    (1) does not fit within the definition of an "abused child" or a "neglected child" as such terms are defined in section one thousand twelve of this act; and

    (2) is without any parent or caretaker available to sufficiently care for him or her, due to:

    (i) the death of a parent or caretaker; or

    (ii) the incapacity or debilitation of a parent or caretaker, where such incapacity or debilitation would prevent such parent or caretaker from being able to knowingly and voluntarily enter into a written agreement to transfer the care and custody of said child pursuant to section three hundred fifty-eight-a or three hundred eighty-four-a of the social services law; or

    (iii) the inability of the commissioner of social services to locate any parent or caretaker, after making reasonable efforts to do so; or

    (iv) a parent or caretaker being physically located outside of the state of New York and the commissioner of social services is or has been unable to return the child to such parent or caretaker while or after making reasonable efforts to do so, unless the lack of such efforts is or was appropriate under the circumstances. See N.Y. Family Court Law 1092

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Interested adult: shall mean a person or persons over the age of eighteen, other than a parent or caretaker, who, at the relevant time resided with and had responsibility for the day-to-day care of a child alleged or adjudicated to be destitute. See N.Y. Family Court Law 1092
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • parent: shall mean any living biological or adoptive parent of the child whose rights have not been terminated or surrendered. See N.Y. Family Court Law 1092
  • permanency hearing: shall mean a hearing in accordance with article ten-A of this act, as defined in subdivision (k) of section one thousand twelve of this act. See N.Y. Family Court Law 1092
  • Summons: Another word for subpoena used by the criminal justice system.
  • Venue: The geographical location in which a case is tried.