Title 1 Care and Protection of Children
Title 2 Powers and Duties of Public Welfare Officials
Title 3 Child Welfare Services
Title 4 Preventive Services for Children and Their Families
Title 4-A Child Welfare Services Planning and Administration
Title 4-B Services; Pregnant Adolescents
Title 5 Day Care for Certain Children
Title 5-A Youth Facilities Improvement Act
Title 5-B Child Care Resource and Referral Program
Title 5-C Block Grant for Child Care
Title 6 Child Protective Services
Title 6-A Home Visiting
Title 7 Day Services for Children and Families
Title 8 State Child Care Review Service
Title 8-A Safe Harbour for Exploited Children Act
Title 9 Subsidies for the Adoption of Children
Title 10 Kinship Guardianship Assistance Program
Title 11 Education Reform Program
Title 12 Family Support Services Programs

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

  • 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

  • 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.
  • Agency: shall mean a not-for-profit corporation or group of not-for-profit corporations. See N.Y. Social Services Law 410-P
  • AIDS home care program: means a coordinated plan of care and services provided at home to persons who are medically eligible for placement in a hospital or residential health care facility and who (a) are diagnosed by a physician as having acquired immune deficiency syndrome (AIDS), or (b) are deemed by a physician, within his judgment, to be infected with the etiologic agent of acquired immune deficiency syndrome, and who has an illness, infirmity or disability which can be reasonably ascertained to be associated with such infection. See N.Y. Public Health Law 3602
  • 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. 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
  • 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
  • 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.
  • ATV: means an all terrain vehicle or ATV as defined in section twenty-two hundred eighty-one of this chapter. See N.Y. Vehicle and Traffic Law 2401
  • 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
  • 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
  • Bequest: Property gifted by will.
  • Board: shall mean the medical equipment service agency advisory board created by section thirty-six hundred fifty-five of this article. See N.Y. Public Health Law 3650
  • 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
  • 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
  • Certified home health agency: means a home care services agency which possesses a valid certificate of approval issued pursuant to the provisions of this article, or a residential health care facility or hospital possessing a valid operating certificate issued under article twenty-eight of this chapter which is authorized under section thirty-six hundred ten of this article to provide a long term home health care program. See N.Y. Public Health Law 3602
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • 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
  • chore services: means the provision of light work or household tasks which do not require the services of a trained homemaker. See N.Y. Public Health Law 3602
  • Commissioner: includes the office and a branch office of the commissioner and, when authorized to receive a document or fee as agent of the commissioner, the clerk of a county. See N.Y. Vehicle and Traffic Law 2101
  • 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
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Construction: means the addition or deletion of services offered; a change in the agency's geographic service area; the erection, building, or substantial acquisition or alteration of a physical structure or equipment; or a substantial change in the method of providing services. See N.Y. Public Health Law 3602
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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: means a person registered as a dealer under section four hundred fifteen or twenty-two hundred fifty-seven of this chapter. See N.Y. Vehicle and Traffic Law 2101
  • 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.
  • 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.
  • 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
  • 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:
  • DNA: means deoxyribonucleic acid. See N.Y. Public Health Law 3221
  • 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 section one thousand four hundred 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
  • 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

  • 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.
  • 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
  • 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.
  • 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
  • Foreign professional service corporation: has the meaning given to it in subdivision (d) of section fifteen hundred twenty-five of the business corporation law. See N.Y. Limited Liability Company Law 1201
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Government funds: means funds provided under the provisions of title eleven of article five of the social services law. See N.Y. Public Health Law 3602
  • Governmental agency: means any agency of the state of New York and all municipalities within the state. See N.Y. Vehicle and Traffic Law 2401
  • 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.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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 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
  • Home care services: means one or more of the following services provided to persons at home: (a) those services provided by a home care services agency; (b) home health aide services; (c) personal care services; (d) homemaker services; (e) housekeeper or chore services. See N.Y. Public Health Law 3602
  • Home care services agency: means an organization primarily engaged in arranging and/or providing directly or through contract arrangement one or more of the following: Nursing services, home health aide services, and other therapeutic and related services which may include, but shall not be limited to, physical, speech and occupational therapy, nutritional services, medical social services, personal care services, homemaker services, and housekeeper or chore services, which may be of a preventive, therapeutic, rehabilitative, health guidance, and/or supportive nature to persons at home. See N.Y. Public Health Law 3602
  • Home health aide services: means simple health care tasks, personal hygiene services, housekeeping tasks essential to the patient's health and other related supportive services. See N.Y. Public Health Law 3602
  • Home medical equipment: shall mean technologically sophisticated medical devices which are used in a home care setting, including but not limited to:

    (a) Oxygen and oxygen delivery systems;

    (b) Ventilation and aspiration devices;

    (c) Respiratory disease management services;

    (d) Electronic and computer driven wheelchairs and seating systems;

    (e) Monitoring devices;

    (f) Transcutaneous electrical nerve simulator (tens) units;

    (g) Low air loss cutaneous pressure management devices;

    (h) Sequential compression devices;

    (i) Obstructive sleep apnea treatment devices; and

    (j) Feeding pumps. See N.Y. Public Health Law 3650

  • Home medical equipment services: shall mean the delivery, provision, installation, maintenance and replacement of, or instruction in the use of medical equipment used by an individual requiring such services in their place of residence. See N.Y. Public Health Law 3650
  • Homemaker services: means assistance and instruction in managing and maintaining a household, dressing, feeding, and incidental household tasks for persons at home because of illness, incapacity, or the absence

    of a caretaker relative. See N.Y. Public Health Law 3602

  • Hospital: means a hospital as defined in section twenty-eight hundred one of this chapter. See N.Y. Public Health Law 3397-B
  • Hospital: means a hospital as defined in section twenty-eight hundred one of this chapter. See N.Y. Public Health Law 3602
  • hospital: means an institution or facility possessing a valid operating certificate issued pursuant to article twenty-eight of this chapter and authorized to employ specialist assistants in accordance with rules and regulations of the public health and health planning council. See N.Y. Public Health Law 3710
  • hospital: means an institution or facility possessing a valid operating certificate issued pursuant to article twenty-eight of this chapter and authorized to employ physician assistants in accordance with rules and regulations of the public health and health planning council. See N.Y. Public Health Law 3700
  • Identifying number: means the numbers, and letters if any, on a vehicle designated by the commissioner for the purpose of identifying the vehicle. See N.Y. Vehicle and Traffic Law 2101
  • 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 determines that some credible evidence of the alleged abuse or maltreatment exists. See N.Y. Social Services Law 412
  • 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
  • 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.
  • 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.
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed home care services agency: means a home care services agency, issued a license pursuant to section three thousand six hundred five of this chapter. See N.Y. Public Health Law 3602
  • Licensing authority: means the regents of the university of the state of New York or the state education department, as the case may be, in the case of all professions licensed under title eight of the education law, and the appropriate appellate division of the supreme court in the case of the profession of law. See N.Y. Limited Liability Company Law 1201
  • Lienholder: means a person holding a security interest in a vehicle. See N.Y. Vehicle and Traffic Law 2101
  • Limited home care services agency: means a certified operator of an adult home or an enriched housing program which directly provides: personal care services authorized and provided in accordance with rules and regulations of the department of social services; and the administration of medications and application of sterile dressings by a registered nurse, provided, however, that the services provided by such agency are not services that must be provided to residents of such facilities pursuant to article seven of the social services law and rules and regulations of the department of social services. See N.Y. Public Health Law 3602
  • limited partnership: means a limited partnership formed under the laws of this state; and the terms "general partner" "limited partner" and "majority in interest of the limited partners" shall have the meanings assigned to such terms in article eight-A of the partnership law; and the term "partnership" shall have the meaning assigned to such term in article two of the partnership law. See N.Y. Limited Liability Company Law 1006
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Long term home health care program: means a coordinated plan of care and services provided at home to invalid, infirm, or disabled persons who are medically eligible for placement in a hospital or residential health care facility for an extended period of time if such program were unavailable. See N.Y. Public Health Law 3602
  • mail: means to deposit in the United States mail properly addressed and with postage prepaid. See N.Y. Vehicle and Traffic Law 2101
  • 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

  • Marijuana: means marijuana as defined in section thirty-three hundred two of this chapter and shall also include tetrahydrocannabinols or a chemical derivative of tetrahydrocannabinol. See N.Y. Public Health Law 3397-B
  • 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 equipment service agency: means any person engaged in the business of providing home medical equipment services, whether directly or through a contractual arrangement, to an individual at their place of residence. See N.Y. Public Health Law 3650
  • 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
  • merger: means a procedure in which two or more limited liability companies or other business entities merge into a single limited liability company or other business entity that shall be one of the constituent limited liability companies or other business entities, and "consolidation" means a procedure in which two or more limited liability companies or other business entities consolidate into a single limited liability company or other business entity that shall be a new limited liability company or other business entity to be formed pursuant to the consolidation. See N.Y. Limited Liability Company Law 1001
  • military court: as used in this article , means a court-martial, a court of inquiry or a provost court. See N.Y. Military Law 223
  • 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 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.
  • 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.
  • officer: as used in this article , means a commissioned officer, a commissioned warrant officer or a warrant officer. See N.Y. Military Law 223
  • Operate: means to ride in or on, other than as a passenger, or use or control the operation of an ATV in any manner, whether or not said ATV is under way. See N.Y. Vehicle and Traffic Law 2401
  • Operation as emergency vehicle: shall mean the operation or parking of an authorized emergency ATV, police or civil defense ATV, including attendant equipment, displaying emergency lights as provided in section twenty-four hundred six of this article and which ATV is engaged in transporting a sick or injured person to the nearest medical facility or appropriate site for transfer to an ambulance as defined in article thirty of the public health law, transporting emergency medical services, personnel and equipment to sick or injured persons, pursuing an actual or suspected violator of the law or responding to, or working or assisting at the scene of an accident, disaster, police call, alarm or other emergency but shall not include returning from such service. See N.Y. Vehicle and Traffic Law 2401
  • 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
  • Operator: means every person who operates or is in actual physical control of an ATV. See N.Y. Vehicle and Traffic Law 2401
  • 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: 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;

    6. See N.Y. Social Services Law 412

  • Owner: means a person, other than a lienholder, having the property in or title to a vehicle. See N.Y. Vehicle and Traffic Law 2101
  • Owner: means any person having a title to an ATV. See N.Y. Vehicle and Traffic Law 2401
  • 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
  • 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.
  • 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: means a natural person, firm, co-partnership, association or corporation. See N.Y. Vehicle and Traffic Law 2101
  • Person: shall mean an individual, corporation, partnership, joint venture, or any business entity. See N.Y. Public Health Law 3550
  • Person: shall mean an individual, corporation, partnership, joint venture, or any business entity. See N.Y. Public Health Law 3650
  • Personal care services: means services to assist with personal hygiene, dressing, feeding and household tasks essential to the patient's health. See N.Y. Public Health Law 3602
  • 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
  • physician: means a practitioner of medicine licensed to practice medicine pursuant to article one hundred thirty-one of the education law. See N.Y. Public Health Law 3710
  • physician: means a practitioner of medicine licensed to practice medicine pursuant to article one hundred thirty-one of the education law. See N.Y. Public Health Law 3700
  • physician assistant: means a person who is licensed as a physician assistant pursuant to section sixty-five hundred forty-one of the education law. See N.Y. Public Health Law 3700
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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 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.
  • Professional: means an individual duly authorized to practice a profession, a professional service corporation, a professional service limited liability company, a foreign professional service limited liability company, a registered limited liability partnership, a foreign limited liability partnership, a foreign professional service corporation or a professional partnership. See N.Y. Limited Liability Company Law 1201
  • Professional partnership: means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership without limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a professional service within this state. See N.Y. Limited Liability Company Law 1201
  • Professional service: means any type of service to the public that may be lawfully rendered by a member of a profession within the purview of his or her profession. See N.Y. Limited Liability Company Law 1201
  • Professional service corporation: means (i) a corporation organized under article fifteen of the business corporation law and (ii) any other corporation organized under the business corporation law or under any other predecessor statute, which is authorized by, or holds a license, certificate, registration or permit issued by, the licensing authority pursuant to the education law to render professional services within this state. See N.Y. Limited Liability Company Law 1201
  • Professional service limited liability company: means a limited liability company organized under this article. See N.Y. Limited Liability Company Law 1201
  • 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.
  • Quorum: The number of legislators that must be present to do business.
  • Recess: A temporary interruption of the legislative business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • 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.
  • Residential health care facility: means a residential health care facility as defined in section twenty-eight hundred one of this chapter. See N.Y. Public Health Law 3602
  • 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

  • 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
  • Security agreement: means a written agreement which reserves or creates a security interest. See N.Y. Vehicle and Traffic Law 2101
  • Security interest: means an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation. See N.Y. Vehicle and Traffic Law 2101
  • Service: shall mean the child care review service created by this title. See N.Y. Social Services Law 441
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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 section 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 section three hundred seventy-one of this article including a residential facility operating as part of a runaway and homeless youth crisis services 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 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
  • Special event: shall mean an organized rally, race, exhibition or demonstration of limited duration which is conducted according to a prearranged schedule and in which general public interest is manifested. See N.Y. Vehicle and Traffic Law 2401
  • specialist assistant: means a person who is registered pursuant to section sixty-five hundred forty-eight of the education law as a specialist assistant for a particular medical speciality as defined by regulations promulgated by the commissioner pursuant to section thirty-seven hundred eleven of this article. See N.Y. Public Health Law 3710
  • State: means a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of the Dominion of Canada. See N.Y. Vehicle and Traffic Law 2101
  • 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 hospital review and planning council: shall mean the public health and health planning council. See N.Y. Public Health Law 3602
  • 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
  • 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
  • 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
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • 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.
  • 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 determines that some credible evidence of the alleged abuse or maltreatment exists;

    7. See N.Y. Social Services Law 412

  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Vehicle: means a vehicle as defined in section one hundred fifty-nine of this chapter except that it shall not include a device for which a registration is denied pursuant to section four hundred-a of this chapter and, except with respect to section twenty-one hundred two of this article, shall also mean a vessel as defined in section twenty-two hundred fifty of this chapter. See N.Y. Vehicle and Traffic Law 2101
  • 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.