Sections
Title 1 Care and Protection of Children 371 – 393*2
Title 2 Powers and Duties of Public Welfare Officials 395 – 404
Title 3 Child Welfare Services 406 – 408
Title 4 Preventive Services for Children and Their Families 409 – 409-A
Title 4-A Child Welfare Services Planning and Administration 409-D – 409-H
Title 4-B Services; Pregnant Adolescents 409-I – 409-N
Title 5 Day Care for Certain Children 410 – 410-CCC
Title 5-A Youth Facilities Improvement Act 410-D – 410-O
Title 5-B Child Care Resource and Referral Program 410-P – 410-T
Title 5-C Block Grant for Child Care 410-U – 410-Z
Title 6 Child Protective Services 411 – 428
Title 6-A Home Visiting 429
Title 7 Day Services for Children and Families 430 – 434
Title 8 State Child Care Review Service 440 – 446
Title 8-A Safe Harbour for Exploited Children Act 447-A – 447-B
Title 9 Subsidies for the Adoption of Children 450 – 458
Title 10 Kinship Guardianship Assistance Program 458-A – 458-F
Title 11 Education Reform Program 458-L
Title 12 Family Support Services Programs 458-M – 458-N
Title 12-A Differential Response Programs for Children Under Twelve 458-O

Terms Used In New York Laws > Social Services > Article 6 - Children

  • abused child: means a child under eighteen years of age and who is defined as an abused child by the family court act;

    2. See N.Y. Social Services Law 412

  • ACO: means an organization of clinically integrated health care providers certified by the commissioner under this article. See N.Y. Public Health Law 2999-O
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • adoptor: shall mean a person adopting and "adoptive child" or "adoptee" shall mean a person adopted. See N.Y. Domestic Relations Law 109
  • Advanced life support first response service: means an organization which provides advanced life support care, but does not transport patients. See N.Y. Public Health Law 3001
  • Advanced emergency medical technician: means an emergency medical technician who has satisfactorily completed an advanced course of training approved by the state council under regulations pursuant to section three thousand two of this article. See N.Y. Public Health Law 3001
  • Advanced life support care: means definitive acute medical care provided, under medical control, by advanced emergency medical technicians within an advanced life support system. See N.Y. Public Health Law 3001
  • Advanced life support system: means an organized acute medical care system to provide advanced life support care on site or en route to, from, or between general hospitals or other health care facilities. See N.Y. Public Health Law 3001
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Advisory committee: shall mean the committee established by section four hundred forty-three of this title. See N.Y. Social Services Law 441
  • advocate: means an employee of the short-term safe house defined in subdivision two of this section that has been trained to work with and advocate for the needs of sexually exploited children. See N.Y. Social Services Law 447-A
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • After-care: shall mean any assistance provided by a caregiver to a patient under this article after the patient's discharge from a hospital that is related to the patient's condition at the time of discharge. See N.Y. Public Health Law 2994-II
  • Agency: shall mean a not-for-profit corporation or group of not-for-profit corporations. See N.Y. Social Services Law 410-P
  • 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 § 19. See N.Y. Social Services Law 412
  • Allegation: something that someone says happened.
  • Ambulance service: means an individual, partnership, association, corporation, municipality or any legal or public entity or subdivision thereof engaged in providing emergency medical care and the transportation of sick or injured persons by motor vehicle, aircraft or other forms of transportation to, from, or between general hospitals or other health care facilities. See N.Y. Public Health Law 3001
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authorized agency: shall mean an authorized agency as defined in the social services law and, for the purpose of this article, shall include such corporations incorporated or organized under the laws of this state as may be specifically authorized by their certificates of incorporation to receive children for purposes of adoption. See N.Y. Domestic Relations Law 109
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board rate: shall mean an amount equal to the monthly payment which has been or would have been made by a social services official, in accordance with section three hundred ninety-eight-a and other provisions of this chapter, for the care and maintenance of the child, if such child had been boarded out in a foster family boarding home. See N.Y. Social Services Law 451
  • Business capital: when used in this chapter shall mean all assets of the unincorporated business other than investment capital, less liabilities of the unincorporated business not deducted from investment capital, except that cash on hand and on deposit shall be treated as investment capital or as business capital as the taxpayer may elect. See N.Y. New York City Administrative Code 11-501
  • Business income: when used in this chapter shall mean unincorporated business entire net income minus investment income. See N.Y. New York City Administrative Code 11-501
  • Cannabinoid: means the phytocannabinoids found in hemp and does not include synthetic cannabinoids as that term is defined in subdivision (g) of schedule I of section thirty-three hundred six of this chapter. See N.Y. Public Health Law 3398
  • Cannabinoid hemp: means any hemp and any product processed or derived from hemp, that is used for human consumption provided that when such product is packaged or offered for retail sale to a consumer, it shall not have a concentration of more than three tenths of a percent delta-9 tetrahydrocannabinol. See N.Y. Public Health Law 3398
  • Cannabis: means cannabis as defined in § 222. See N.Y. Public Health Law 3397-B
  • Caregiver: shall mean any individual duly identified as a caregiver by a patient under this article who provides after-care assistance to a patient living in his or her residence. See N.Y. Public Health Law 2994-II
  • certificate: means a certificate of authority issued by the commissioner under this article. See N.Y. Public Health Law 2999-O
  • Certified first responder: means an individual who meets the minimum requirements established by regulations pursuant to section three thousand two of this article and who is responsible for administration of initial life saving care of sick and injured persons. See N.Y. Public Health Law 3001
  • Chambers: A judge's office.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Child: shall mean a person under the age of twenty-one years whose guardianship and custody have been committed to a social services official or a voluntary authorized agency, or whose guardianship and custody have been committed to a certified or approved foster parent pursuant to a court order prior to such person's eighteenth birthday, except as provided in paragraph (g) of subdivision three of section three hundred eighty-four-b of this article and section six hundred thirty-one of the family court act. See N.Y. Social Services Law 451
  • Child: shall mean a person under the age of twenty-one years whose custody, care and custody, or custody and guardianship have been committed to a social services official prior to such person's eighteenth birthday pursuant to section three hundred fifty-eight-a, three hundred eighty-four, three hundred eighty-four-a or three hundred eighty-four-b of this chapter or article three, seven, ten or 10-C of the family court act. See N.Y. Social Services Law 458-A
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • CMS: means the federal centers for Medicare and Medicaid services. See N.Y. Public Health Law 2999-O
  • CMS regulations: means applicable federal laws and CMS regulations and policies. See N.Y. Public Health Law 2999-O
  • Commissioner of finance: when used in this chapter shall mean the commissioner of finance of the city. See N.Y. New York City Administrative Code 11-501
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • community-based program: means a program operated by a not-for-profit organization that provides services such as street outreach, voluntary drop-in services, peer counseling, individual counseling, family-therapy and referrals for services such as educational and vocational training and health care. See N.Y. Social Services Law 447-A
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Critically ill or injured: means at high risk of dying from illnesses or injuries. See N.Y. Public Health Law 3062
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • day services: shall mean care and treatment for part of the day of one or more children under eighteen years of age and their families in a program which provides to such children and families in accordance with their needs various services such as psychiatric, psychological, social casework, educational, vocational, health, transportation and such other services as may be appropriate. See N.Y. Social Services Law 430
  • Dealer: when used in this chapter shall mean an individual or unincorporated entity that (A) holds or disposes of property that is stock in trade of the taxpayer, inventory or is otherwise held for sale to customers in the ordinary course of the taxpayer's trade or business, or (B) regularly offers to enter into, assume, offset, assign or otherwise terminate positions in property with customers in the ordinary course of the taxpayer's trade or business, provided, however, an individual or unincorporated entity shall not be treated as a dealer based solely on such individual's or entity's ownership of an interest in an entity that is a dealer, and provided, further, that an unincorporated entity shall not be treated as a dealer based solely on the ownership by a dealer of an interest in that unincorporated entity. See N.Y. New York City Administrative Code 11-501
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department of finance: when used in this chapter shall mean the department of finance of the city. See N.Y. New York City Administrative Code 11-501
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Disaster preparedness: means the state of readiness necessary to respond to natural or man-made disasters, including but not limited to biologic, nuclear, incendiary, chemical, and explosive disasters. See N.Y. Public Health Law 3062
  • Discharge: shall mean a patient's exit or release from a hospital to the patient's residence following an inpatient admission. See N.Y. Public Health Law 2994-II
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distant site: means a site at which a telehealth provider is located while delivering health care services by means of telehealth. See N.Y. Public Health Law 2999-CC
  • DNA: means deoxyribonucleic acid. See N.Y. Public Health Law 3221
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Dower: A widow
  • Early childhood services: shall mean services which include, but are not limited to, registered, certified or licensed care in family day care homes, group family day care homes, school-age child care programs; head start programs, day care centers; child care which may be provided without a permit, certificate or registration in accordance with this statute;

    early childhood education programs approved by the state education department; and care provided in a children's camp as defined in § 1400 of the public health law;

    4. See N.Y. Social Services Law 410-P

  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Emergency department: means a hospital department consisting of staff, facilities, and resources to provide emergency medical care for large numbers of emergency patients. See N.Y. Public Health Law 3062
  • Emergency medical care: means the initial management, treatment, and transfer of suddenly ill or injured patients. See N.Y. Public Health Law 3062
  • Emergency medical service: means initial emergency medical assistance including, but not limited to, the treatment of trauma, burns, respiratory, circulatory and obstetrical emergencies. See N.Y. Public Health Law 3001
  • Emergency medical technician: means an individual who meets the minimum requirements established by regulations pursuant to section three thousand two of this article and who is responsible for administration or supervision of initial emergency medical care and transportation of sick or injured persons. See N.Y. Public Health Law 3001
  • Emergency service: means a hospital department consisting of staff, facilities, and resources to provide emergency medical care for small numbers of emergency patients. See N.Y. Public Health Law 3062
  • EMS program agency: means a not-for-profit corporation or municipality designated by the state council and approved by the affected regional council or councils to facilitate the development and operation of an emergency medical services system within a region as directed by the regional council under this article. See N.Y. Public Health Law 3001
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Enhanced services: shall mean additional or more intensive levels of services as listed in subdivision two of section four hundred ten-q of this title, which an agency agrees to provide in order to receive additional funding pursuant to this title;

    6. See N.Y. Social Services Law 410-P

  • Enrolled member: means any member of a voluntary ambulance service or voluntary advanced life support first response service who provides emergency medical care or transportation of sick or injured persons without expectation of monetary compensation. See N.Y. Public Health Law 3001
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entry: shall mean a patient's admission into a hospital for the purposes of receiving inpatient care. See N.Y. Public Health Law 2994-II
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Handicapped child: shall mean a child who possesses a specific physical, mental or emotional condition or disability of such severity or kind which, in accordance with regulations of the department, would constitute a significant obstacle to the child's adoption. See N.Y. Social Services Law 451
  • Hard to place child: shall mean a child, other than a handicapped child, (a) who has not been placed for adoption within six months from the date his guardianship and custody were committed to the social services official or a voluntary authorized agency, or (b) who has not been placed for adoption within six months from the date a previous adoption placement terminated and the child was returned to the care of the social services official or a voluntary authorized agency, or (c) who possesses or presents any personal or familial attribute, condition, problem or characteristic which, in accordance with regulations of the department, would be an obstacle to the child's adoption, notwithstanding the child has been in the guardianship and custody of the social services official or a voluntary authorized agency for less than six months. See N.Y. Social Services Law 451
  • Health care provider: includes but is not limited to an entity licensed or certified under article twenty-eight or thirty-six of this chapter; an entity licensed or certified under article sixteen, thirty-one or thirty-two of the mental hygiene law; or a health care practitioner licensed or certified under title eight of the education law or a lawful combination of such health care practitioners; and may also include, to the extent provided by regulation of the commissioner, other entities that provide technical assistance, information systems and services, care coordination and other services to health care providers and patients participating in an ACO. See N.Y. Public Health Law 2999-O
  • health professionals: means persons duly licensed or otherwise authorized to practice a health profession pursuant to applicable law, including, but not limited to, physicians, registered professional nurses, nurse practitioners, physicians assistants, optometrists, dentists, dental hygienists, dietitians and nutritionists, and audiologists. See N.Y. Education Law 902
  • Hemp: means the plant Cannabis sativa L. See N.Y. Public Health Law 3398
  • Hemp extract: means all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers derived from hemp, used or intended for human consumption, for its cannabinoid content, with a delta-9 tetrahydrocannabinol concentration of not more than an amount determined by the department in regulation. See N.Y. Public Health Law 3398
  • Hospital: means a hospital as defined in section twenty-eight hundred one of this chapter. See N.Y. Public Health Law 3397-B
  • Hospital: shall mean any "general hospital" as defined in section twenty-eight hundred one of this chapter. See N.Y. Public Health Law 2994-II
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Incapacity: shall mean a substantial inability to care for a child as a result of: (a) a physically debilitating illness, disease or injury; or (b) a mental impairment that results in a substantial inability to understand the nature and consequences of decisions concerning the care of a child. See N.Y. Social Services Law 458-A
  • indicated report: means a report made pursuant to this title if an investigation: (i) commenced on or before December thirty-first, two thousand twenty-one determines that some credible evidence of the alleged abuse or maltreatment exists; or (ii) commenced on or after January first, two thousand twenty-two determines that a fair preponderance of the evidence of the alleged abuse or maltreatment exists;

    8. See N.Y. Social Services Law 412

  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interfacility transfer: means emergency ambulance transport from, to, or between general hospitals or other health care facilities, conducted in accordance with article thirty of this chapter. See N.Y. Public Health Law 3062
  • Interoperability: means the capacity of all emergency medical, trauma care, and disaster preparedness response systems to collaborate and communicate during an emergency, trauma, or disaster response. See N.Y. Public Health Law 3062
  • Intestate: Dying without leaving a will.
  • Investment capital: when used in this chapter shall mean investments of the unincorporated business in stocks, bonds and other securities, corporate and governmental (excluding governmental stocks, bonds and other securities the interest or dividends from which are fully exempt from tax under this chapter, other than any such governmental stock, bond or other security which is sold or otherwise disposed of during the taxable year in a transaction which results in a gain or loss which is included in computing unincorporated business entire net income for the taxable year), not held for sale to customers in the regular course of business, provided, however, that in the discretion of the commissioner of finance, there shall be deducted from investment capital any liabilities of the unincorporated business which are directly or indirectly attributable to investment capital. See N.Y. New York City Administrative Code 11-501
  • Investment income: when used in this chapter shall mean income, gains and losses from investment capital, to the extent included in computing unincorporated business entire net income, less, in the discretion of the commissioner of finance, any deductions allowable in computing unincorporated business entire net income which are directly or indirectly attributable to investment capital or investment income, provided, however, that in no case shall investment income exceed unincorporated business entire net income. See N.Y. New York City Administrative Code 11-501
  • Judge: shall mean a judge of the family court of any county in the state. See N.Y. Domestic Relations Law 109
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Juror: A person who is on the jury.
  • Law clerk: Assist judges with research and drafting of opinions.
  • Lawful custody: shall mean a custody (a) specifically authorized by statute or (b) pursuant to judgment, decree or order of a court or (c) otherwise authorized by law. See N.Y. Domestic Relations Law 109
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • lawyer: shall mean an attorney or counselor governed by Article 15 of the judiciary law, who receives remuneration or other compensation from a school district or board of cooperative educational services in exchange for legal services provided to such district or board. See N.Y. Education Law 2050
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a license issued pursuant to this article. See N.Y. Public Health Law 3398
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local income taxes: when used in this chapter shall mean an income tax imposed by a political subdivision of a state. See N.Y. New York City Administrative Code 11-501
  • Majority leader: see Floor Leaders
  • maltreated child: includes a child under eighteen years of age:

    (a) defined as a neglected child by the family court act, or

    (b) who has had serious physical injury inflicted upon him or her by other than accidental means;

    3. See N.Y. Social Services Law 412

  • Medical control: means : (a) advice and direction provided by a physician or under the direction of a physician to certified first

    responders, emergency medical technicians or advanced emergency medical technicians who are providing medical care at the scene of an emergency or en route to a health care facility; and (b) indirect medical control including the written policies, procedures, and protocols for prehospital emergency medical care and transportation developed by the state emergency medical advisory committee, approved by the state emergency medical services council and the commissioner, and implemented by regional medical advisory committees. See N.Y. Public Health Law 3001

  • Medical home: means an organized system of medical care for an individual patient that embraces all of the patient's potential medical needs, including primary, secondary, and tertiary health care as well as emergency care. See N.Y. Public Health Law 3073
  • Medical respite program: means a not-for-profit corporation certified pursuant to subdivision two of this section to serve recipients whose prognosis or diagnosis necessitates the receipt of:

    (i) Temporary room and board; and

    (ii) The provision or arrangement of the provision of health care and support services; provided, however, that the operation of a medical respite program shall be separate and distinct from any housing programs offered to individuals who do not qualify as recipients. See N.Y. Public Health Law 2999-HH

  • Medicare-only ACO: means an ACO issued a certificate of authority under subdivision four of section twenty-nine hundred ninety-nine-p of this article. See N.Y. Public Health Law 2999-O
  • Minority leader: See Floor Leaders
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • narcotics indictment: means an indictment charging a crime that is prosecutable in any county wholly contained in a city within cities having a population of one million or more involving the sale or possession of a narcotic drug and any other offense properly joined therewith. See N.Y. Judiciary Law 177-B
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operator: means any person who by reason of a direct or indirect ownership interest (whether of record or beneficial) has the ability, acting either alone or in concert with others with ownership interests, to direct or cause the direction of the management or policies of an ambulance service or advanced life support first response service. See N.Y. Public Health Law 3001
  • Originating site: means a site at which a patient is located at the time health care services are delivered to him or her by means of telehealth. See N.Y. Public Health Law 2999-CC
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parents: shall mean and include biological and adoptive parents, guardians or other persons in parental relationship to a child. See N.Y. Social Services Law 410-P
  • participant: means a health care provider that is one of the health care providers that comprise the ACO. See N.Y. Public Health Law 2999-O
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Patient: shall mean a patient eighteen years of age or older. See N.Y. Public Health Law 2994-II
  • Pediatric care: means medical care provided to neonates, infants, toddlers, preschoolers, school agers, and adolescents. See N.Y. Public Health Law 3073
  • Person: means any individual, corporation, partnership, or legal entity of any kind, or a governmental agency, board or body. See N.Y. Public Health Law 3221
  • Person: shall mean an individual, corporation, partnership, joint venture, or any business entity. See N.Y. Public Health Law 3550
  • Personal property: All property that is not real property.
  • Persons: shall include a single person eligible to adopt a child as well as a couple eligible therefor. See N.Y. Social Services Law 451
  • Physician: means a person licensed to practice medicine in the state of New York including a person authorized to practice medicine in a federal medical facility in the state. See N.Y. Public Health Law 3397-B
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Prehospital transport: means emergency ambulance transport from the scene of a sudden illness or injury requiring emergency medical care or trauma care to a general hospital or other health care facility, conducted in accordance with article thirty of this chapter. See N.Y. Public Health Law 3062
  • preventive services: shall mean supportive and rehabilitative services provided, in accordance with the provisions of this title and regulations of the department, to children and their families for the purpose of: averting an impairment or disruption of a family which will or could result in the placement of a child in foster care; enabling a child who has been placed in foster care to return to his family at an earlier time than would otherwise be possible; or reducing the likelihood that a child who has been discharged from foster care would return to such care. See N.Y. Social Services Law 409
  • Primary care: means the health care fields of family practice, general pediatrics, primary care internal medicine, primary care obstetrics, or primary care gynecology, without regard to board certification, provided by a health care provider acting within his, her, or its lawful scope of practice. See N.Y. Public Health Law 2999-O
  • Primary territory: means the geographic area or subdivisions listed on an ambulance service certificate or statement of registration within which the ambulance service may receive patients for transport. See N.Y. Public Health Law 3001
  • Private-placement adoption: shall mean any adoption other than that of a minor who has been placed for adoption by an authorized agency. See N.Y. Domestic Relations Law 109
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Processing: means extracting, preparing, treating, modifying, compounding, manufacturing or otherwise manipulating cannabinoid hemp to concentrate or extract its cannabinoids, or creating product, whether in intermediate or final form, used for human consumption. See N.Y. Public Health Law 3398
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Prospective relative guardian: shall mean a person who has been caring for the child as a fully certified or approved foster parent for at least six consecutive months prior to applying for kinship guardianship assistance payments and who:

    (a) is related to the child through blood, marriage, or adoption; or

    (b) is related to a half-sibling of the child through blood, marriage or adoption and where such person or persons is or are also the prospective or appointed relative guardian or guardians of such half-sibling; or

    (c) is an adult with a positive relationship with the child, including, but not limited to, a step-parent, godparent, neighbor or family friend. See N.Y. Social Services Law 458-A

  • Prospective successor guardian: shall mean a person or persons whom a prospective relative guardian or a relative guardian seeks to name or names in the original kinship guardianship assistance agreement,

    or any amendment thereto, as set forth in section four hundred fifty-eight-b of this title, as the person or persons to provide care and guardianship for a child in the event of the death or incapacity of a relative guardian, who has not been approved in accordance with subparagraph (ii) of paragraph (b) of subdivision five of section four hundred fifty-eight-b of this title. See N.Y. Social Services Law 458-A

  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • publicly-funded emergency shelter for families with children: means any facility with overnight sleeping accommodations and that is used to house recipients of temporary housing assistance and which houses or may house children and families with children. See N.Y. Social Services Law 412
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Recipient: means an individual who:

    (i) Has a qualifying health condition that requires treatment or care;

    (ii) Does not require hospital inpatient, observation unit, or emergency room level of care, or a medically indicated emergency department or observation visit; and

    (iii) Is experiencing homelessness or at imminent risk of homelessness. See N.Y. Public Health Law 2999-HH

  • Regional council: means a regional emergency medical services council established pursuant to this article. See N.Y. Public Health Law 3001
  • Regional medical advisory committee: means a group of five or more physicians, and one or more non-voting individuals representative of each of the following: hospitals, basic life support providers, advanced life support providers and emergency medical services training sponsor medical directors approved by the affected regional emergency medical services councils. See N.Y. Public Health Law 3001
  • Regional trauma advisory committee: means a regional trauma advisory committee continued or established by this article. See N.Y. Public Health Law 3062
  • Relative guardian: shall mean a person or persons who was appointed, as a guardian or permanent guardian for a child after entering into an agreement with a social services official for the receipt of payments and services in accordance with this title. See N.Y. Social Services Law 458-A
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Remote patient monitoring: means the use of synchronous or asynchronous electronic information and communication technologies to

    collect personal health information and medical data from a patient at an originating site that is transmitted to a telehealth provider at a distant site for use in the treatment and management of medical conditions that require frequent monitoring. See N.Y. Public Health Law 2999-CC

  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residence: shall mean a dwelling that the patient considers to be his or her home. See N.Y. Public Health Law 2994-II
  • Resource and referral program: shall mean an agency funded pursuant to this title to provide services specified in section four hundred ten-r of this title within a defined geographic area;

    3. See N.Y. Social Services Law 410-P

  • Respondent: means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See N.Y. Domestic Relations Law 77
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • safe house: means a residential facility operated by an authorized agency as defined in subdivision ten of section three hundred seventy-one of this article including a residential facility operating as part of an approved runaway program as defined in subdivision four of section five hundred thirty-two-a of the executive law or a not-for-profit agency with experience in providing services to sexually exploited youth and approved in accordance with the regulations of the office of children and family services that provides shelter for sexually exploited children. See N.Y. Social Services Law 447-A
  • Service: shall mean the child care review service created by this title. See N.Y. Social Services Law 441
  • sexually exploited child: means any person under the age of eighteen who has been subject to sexual exploitation because he or she:

    (a) is the victim of the crime of sex trafficking as defined in § 230. See N.Y. Social Services Law 447-A

  • short-term safe house: means a residential facility operated by an authorized agency as defined in subdivision ten of § 3-a of the executive law or a not-for-profit agency with experience in providing services to sexually exploited youth and approved in accordance with the regulations of the office of children and family services that provides emergency shelter, services and care to sexually exploited children including food, shelter, clothing, medical care, counseling and appropriate crisis intervention services at the time they are taken into custody by law enforcement and for the duration of any legal proceeding or proceedings in which they are either the complaining witness or the subject child. See N.Y. Social Services Law 447-A
  • Social services official: shall mean a county commissioner of social services, a city commissioner of social services, or an Indian tribe with which the department has entered into an agreement to provide adoption services in accordance with subdivision two of section thirty-nine of this chapter. See N.Y. Social Services Law 451
  • Social services official: shall mean a county commissioner of social services, a city commissioner of social services, or an Indian tribe with which the office of children and family services has entered into an agreement to provide foster care services in accordance with subdivision two of section thirty-nine of this chapter. See N.Y. Social Services Law 458-A
  • state: when used in this chapter shall mean the state of New York. See N.Y. New York City Administrative Code 11-501
  • State council: means the New York state emergency medical services council established pursuant to this article. See N.Y. Public Health Law 3001
  • State emergency medical advisory committee: means the state emergency medical advisory committee established by section three thousand two-a of this chapter. See N.Y. Public Health Law 3062
  • State emergency medical services council: means the state emergency medical services council established by section three thousand two of this chapter. See N.Y. Public Health Law 3062
  • State emergency medical services council: means the state emergency medical services council established under article thirty of this chapter. See N.Y. Public Health Law 3073
  • State emergency medical services for children advisory committee: means the state emergency medical services for children advisory committee continued under this article. See N.Y. Public Health Law 3073
  • State trauma advisory committee: means the state trauma advisory committee continued by this article. See N.Y. Public Health Law 3062
  • State trauma advisory committee: means the state trauma advisory committee continued under article thirty-B of this chapter. See N.Y. Public Health Law 3073
  • Statute: A law passed by a legislature.
  • Store and forward technology: means the asynchronous, electronic transmission of a patient's health information in the form of patient-specific digital images and/or pre-recorded videos from a provider at an originating site to a telehealth provider at a distant site. See N.Y. Public Health Law 2999-CC
  • Subject of the report: means 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 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;

    5. See N.Y. Social Services Law 412

  • Subpoena: A command to a witness to appear and give testimony.
  • Successor guardian: shall mean a person or persons that is approved by a local social services district to receive payments pursuant to this title in accordance with subparagraph (ii) of paragraph (b) of subdivision five of section four hundred fifty-eight-b of this title and that has been named in the agreement in effect between the relative guardian and social services official for kinship guardianship assistance payments pursuant to this title who shall provide care and guardianship for a child in the event of death or incapacity of the relative guardian, as set forth in section four hundred fifty-eight-b of this title, who has assumed care for and is the guardian or permanent guardian of such child, provided that such person was appointed guardian or permanent guardian of such child by the court following, or due to, the death or incapacity of the relative guardian. See N.Y. Social Services Law 458-A
  • Summons: Another word for subpoena used by the criminal justice system.
  • Surrogate: shall mean the surrogate of any county in the state and any other judicial officer while acting in the capacity of surrogate. See N.Y. Domestic Relations Law 109
  • Tanning facility: shall mean any establishment where one or more ultraviolet radiation device is used, offered, or made available for use by any human being, whether or not a fee is charged, directly or indirectly, but shall not include any facility where any such device is used by a qualified health care professional for treatment of medical conditions. See N.Y. Public Health Law 3550
  • Tax appeals tribunal: when used in this chapter shall mean the tax appeals tribunal established by section one hundred sixty-eight of the charter. See N.Y. New York City Administrative Code 11-501
  • Telehealth: means the use of electronic information and communication technologies by telehealth providers to deliver health care services, which shall include the assessment, diagnosis, consultation,

    treatment,

    education,

    care

    management and/or self-management of a patient. See N.Y. Public Health Law 2999-CC

  • Telehealth provider: means :

    (a) a physician licensed pursuant to article one hundred thirty-one of the education law;

    (b) a physician assistant licensed pursuant to Article one hundred thirty-one-B of the education law;

    (c) a dentist licensed pursuant to article one hundred thirty-three of the education law;

    (d) a nurse practitioner licensed pursuant to Article one hundred thirty-nine of the education law;

    (e) a registered professional nurse licensed pursuant to article one hundred thirty-nine of the education law only when such nurse is receiving patient-specific health information or medical data at a distant site by means of remote patient monitoring;

    (f) a podiatrist licensed pursuant to article one hundred forty-one of the education law;

    (g) an optometrist licensed pursuant to Article one hundred forty-three of the education law;

    (h) a psychologist licensed pursuant to Article one hundred fifty-three of the education law;

    (i) a social worker licensed pursuant to Article one hundred fifty-four of the education law;

    (j) a speech language pathologist or audiologist licensed pursuant to Article one hundred fifty-nine of the education law;

    (k) a midwife licensed pursuant to article one hundred forty of the education law;

    (l) a physical therapist licensed pursuant to Article one hundred thirty-six of the education law;

    (m) an occupational therapist licensed pursuant to Article one hundred fifty-six of the education law;

    (n) a person who is certified as a diabetes educator by the National Certification Board for Diabetes Educators, or a successor national certification board, or provided by such a professional who is affiliated with a program certified by the American Diabetes Association, the American Association of Diabetes Educators, the Indian Health Services, or any other national accreditation organization approved by the federal centers for medicare and medicaid services;

    (o) a person who is certified as an asthma educator by the National Asthma Educator Certification Board, or a successor national certification board;

    (p) a person who is certified as a genetic counselor by the American Board of Genetic Counseling, or a successor national certification board;

    (q) a hospital as defined in article twenty-eight of this chapter, including residential health care facilities serving special needs populations;

    (r) a home care services agency as defined in article thirty-six of this chapter;

    (s) a hospice as defined in article forty of this chapter;

    (t) credentialed alcoholism and substance abuse counselors credentialed by the office of addiction services and supports or by a credentialing entity approved by such office pursuant to section 19. See N.Y. Public Health Law 2999-CC

  • Telemedicine: means the use of synchronous, two-way electronic audio visual communications to deliver clinical health care services, which shall include the assessment, diagnosis, and treatment of a patient, while such patient is at the originating site and a telehealth provider is at a distant site. See N.Y. Public Health Law 2999-CC
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trauma care: means health care provided to patients at high risk of death or disability from multiple and severe injuries. See N.Y. Public Health Law 3062
  • Trauma center: means a facility capable of providing definitive trauma care. See N.Y. Public Health Law 3062
  • Trauma system: means an organized health care system to provide trauma care in, or en route to, from, or between general hospitals or other health care facilities. See N.Y. Public Health Law 3062
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Ultraviolet radiation device: shall mean any equipment which is designed to emit electromagnetic radiation in the wavelength interval of two hundred to four hundred nanometers in air, and which is intended to induce tanning of the human skin through irradiation, including, but not limited to, a sunlamp, tanning booth, or tanning bed. See N.Y. Public Health Law 3550
  • unfounded report: means any report made pursuant to this title unless an investigation: (i) commenced on or before December thirty-first, two thousand twenty-one determines that some credible evidence of the alleged abuse or maltreatment exists; or (ii) commenced on or after January first, two thousand twenty-two determines that a fair preponderance of the evidence of the alleged abuse or maltreatment exists;

    7. See N.Y. Social Services Law 412

  • Unincorporated business entire net income: when used in this chapter shall mean the excess of the unincorporated business gross income of an unincorporated business over its unincorporated business deductions. See N.Y. New York City Administrative Code 11-501
  • Unincorporated entity: when used in this chapter shall include an entity classified as a partnership for federal income tax purposes regardless of whether the entity is formed as a corporation, joint-stock company, joint-stock association, body corporate or body politic or whether the entity is organized under a federal or state statute, or under a statute of a federally recognized Indian tribe, or under a statute of a country other than the United States that describes or refers to the entity as incorporated. See N.Y. New York City Administrative Code 11-501
  • Used for human consumption: means intended by the manufacturer or distributor to be: (a) used for human consumption for its cannabinoid content; or (b) used in, on or by the human body for its cannabinoid content. See N.Y. Public Health Law 3398
  • Verdict: The decision of a petit jury or a judge.
  • Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
  • Voluntary advanced life support first response service: means advanced life support first response service (i) operating not for pecuniary profit or financial gain, and (ii) no part of the assets or income of which is distributable to, or enures to the benefit of, its members, directors or officers except to the extent permitted under this article. See N.Y. Public Health Law 3001
  • Voluntary ambulance service: means an ambulance service (i) operating not for pecuniary profit or financial gain, and (ii) no part of the assets or income of which is distributable to, or enures to the benefit of, its members, directors or officers except to the extent permitted under this article. See N.Y. Public Health Law 3001
  • Voluntary authorized agency: shall mean an authorized agency as defined in paragraphs (a) and (c) of subdivision ten of section three hundred seventy-one of this article. See N.Y. Social Services Law 451
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.