§ 462 Responsibility for standards
§ 462-A Responsibility for inspection and supervision
§ 462-B Responsibility for enforcement

Terms Used In New York Laws > Social Services > Article 7 > Title 3 - Residential Programs for Children

  • 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.
  • 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.
  • Allegation: something that someone says happened.
  • AMC: means an individual or business entity that:
    (a) provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates;
    (b) provides such services in connection with valuing a consumer's real property as security for consumer credit transactions secured by a consumer's principal dwelling; and
    (c) within a given year, oversees an appraisal panel of more than fifteen appraisers working in New York state or twenty-five or more appraisers working in two or more states. See N.Y. Executive Law 160-AAAA
  • 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.
  • Analysis: is a study of real estate or real property other than estimating value. See N.Y. Executive Law 160-A
  • 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.
  • Appraisal management services: means to, directly or indirectly, provide any of the following services on behalf of a lender, financial institution, client, or any other person in connection with valuing a consumer's principal dwelling as security for a consumer credit transaction or incorporating such transactions into securitizations:
    (a) administer an appraiser panel;
    (b) recruit, retain or select appraisers;
    (c) qualify or verify licensing or certification and negotiate fees and service level expectations with persons who are part of an appraiser panel;
    (d) contract with appraisers to perform appraisal assignments;
    (e) receive an order for an appraisal from one person, and deliver the order for the appraisal to an appraiser that is part of an appraiser panel for completion;
    (f) manage the process of having an appraisal performed, including providing administrative duties, such as receiving appraisal orders and reports, submitting completed appraisal reports to creditors and underwriters for services provided, and reimbursing appraisers for services performed;
    (g) track and determine the status of orders for appraisals;
    (h) conduct quality control of a completed appraisal prior to the delivery of the appraisal to the person that ordered the appraisal;
    (i) provide a completed appraisal performed by an appraiser to one or more clients; or
    (j) compensate appraisers for services rendered. See N.Y. Executive Law 160-AAAA
  • Appraisal report: means any written communication of an appraisal. See N.Y. Executive Law 160-A
  • Appraisal review: means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment. See N.Y. Executive Law 160-AAAA
  • Appraiser: means a person licensed or certified pursuant to article six-E of this chapter. See N.Y. Executive Law 160-AAAA
  • Appraiser panel: means a network, list or roster of licensed or certified appraisers approved by the appraisal management company to perform appraisals as independent contractors of the appraisal management company. See N.Y. Executive Law 160-AAAA
  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bequest: Property gifted by will.
  • Black car operator: means the registered owner of a for-hire vehicle, or a driver designated by such registered owner to operate the registered owner's for-hire vehicle as the registered owner's authorized designee, whose injury arose out of and in the course of providing covered services to a central dispatch facility that is a registered member of the New York black car operators' injury compensation fund, inc. See N.Y. Executive Law 160-CC
  • Board: means the state board of real estate appraisal established pursuant to the provisions of section one hundred sixty-c of this article. See N.Y. Executive Law 160-A
  • Board: means the workers' compensation board. See N.Y. Executive Law 160-CC
  • Board: means the state board of real estate appraisal which shall advise the department, as necessary, on implementation of, and enforcement of this article. See N.Y. Executive Law 160-AAAA
  • Central dispatch facility: means a central facility, wherever located, including a transportation network company, that (a) dispatches the registered owners of for-hire vehicles, or drivers acting as the designated agent of such registered owners, to both pick-up and discharge passengers in the state, and (b) has certified to the satisfaction of the department of state that more than ninety percent of its for-hire business is on a payment basis other than direct cash payment by a passenger; provided, however, that a central dispatch facility shall not include any such central facility that owns fifty percent or more of the cars it dispatches. See N.Y. Executive Law 160-CC
  • Commissioner: means the commissioner of mental health or the commissioner of developmental disabilities. See N.Y. Mental Hygiene Law 10.03
  • Commissioner: means the head of the office of mental health. See N.Y. Mental Hygiene Law 7.03
  • Competent appraiser: means an appraiser that satisfies each provision of the competency rule of the uniform standards of professional appraisal practice for a specific appraisal assignment or valuation service that the appraiser has received, or may receive, from an appraisal management company. See N.Y. Executive Law 160-AAAA
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlling person: means :
    (a) an owner, officer or director of an appraisal management company, or an individual who holds an ownership interest of ten percent or more of such company;
    (b) an individual employed, appointed or authorized by an appraisal management company that has the authority to enter into a contractual relationship with other persons for the performance of appraisal management services and has the authority to enter into agreements with appraisers for the performance of appraisals; or
    (c) an individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company. See N.Y. Executive Law 160-AAAA
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Correctional facility: means a correctional facility as that term is defined in section two of the correction law. See N.Y. Mental Hygiene Law 10.03
  • Counsel for respondent: means any counsel that has been retained or appointed for respondent, or if no other counsel has been retained or appointed, or prior counsel cannot be located with reasonable efforts, then the mental hygiene legal service. See N.Y. Mental Hygiene Law 10.03
  • Covered services: means , with respect to dispatches from or by a central dispatch facility located in the state, all dispatches from such central dispatch facility regardless of where the pick-up or discharge occurs, and, with respect to dispatches from or by a central dispatch facility located outside the state, all dispatches involving a pick-up in the state, regardless of where the discharge occurs. See N.Y. Executive Law 160-CC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dangerous sex offender requiring confinement: means a person who is a detained sex offender suffering from a mental abnormality involving such a strong predisposition to commit sex offenses, and such an inability to control behavior, that the person is likely to be a danger to others and to commit sex offenses if not confined to a secure treatment facility. See N.Y. Mental Hygiene Law 10.03
  • Department: shall mean the department of state. See N.Y. Executive Law 159-E
  • Department: shall mean the department of state. See N.Y. Executive Law 160-A
  • Department: means the department of state. See N.Y. Executive Law 160-CC
  • Department: means the New York state department of state. See N.Y. Executive Law 160-AAAA
  • 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.
  • Designated felony: means any felony offense defined by any of the following provisions of the penal law: assault in the second degree as defined in section 120. See N.Y. Mental Hygiene Law 10.03
  • Detained sex offender: means a person who is in the care, custody, control, or supervision of an agency with jurisdiction, with respect to a sex offense or designated felony, in that the person is either:
    (1) A person who stands convicted of a sex offense as defined in subdivision (p) of this section, and is currently serving a sentence for, or subject to supervision by the division of parole, whether on parole or on post-release supervision, for such offense or for a related offense;
    (2) A person charged with a sex offense who has been determined to be an incapacitated person with respect to that offense and has been committed pursuant to article seven hundred thirty of the criminal procedure law, but did engage in the conduct constituting such offense;
    (3) A person charged with a sex offense who has been found not responsible by reason of mental disease or defect for the commission of that offense;
    (4) A person who stands convicted of a designated felony that was sexually motivated and committed prior to the effective date of this article;
    (5) A person convicted of a sex offense who is, or was at any time after September first, two thousand five, a patient in a hospital operated by the office of mental health, and who was admitted directly to such facility pursuant to article nine of this title or section four hundred two of the correction law upon release or conditional release from a correctional facility, provided that the provisions of this article shall not be deemed to shorten or lengthen the time for which such person may be held pursuant to such article or section respectively; or
    (6) A person who has been determined to be a sex offender requiring civil management pursuant to this article. See N.Y. Mental Hygiene Law 10.03
  • Devise: To gift property by will.
  • director of community services: means the director of community services for the mentally disabled appointed pursuant to article forty-one of this chapter. See N.Y. Mental Hygiene Law 9.01
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Eligible entity: shall mean any organization
    (a) officially designated as a community action agency or a community action program under the provisions of section two hundred ten of the economic opportunity act of 1964 for fiscal year 1981, unless such community action agency or a community action program lost its designation under section two hundred ten of such act as a result of a failure to comply with the provisions of such act; or
    (b) designated by the process described in section one hundred fifty-nine-m of this article (including an organization serving migrant or seasonal farmworkers that is so described or designated). See N.Y. Executive Law 159-E
  • 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.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the New York black car operators' injury compensation fund, inc. See N.Y. Executive Law 160-CC
  • Fund liability date: means the earlier of:
    (a) the date as of which the board first approves the fund's application to self-insure pursuant to subdivision two of section one hundred sixty-ii of this article, or
    (b)the date on which coverage commences under the initial insurance policy purchased by the fund pursuant to subdivision three of section one hundred sixty-ii of this article. See N.Y. Executive Law 160-CC
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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.
  • Hybrid firm or entity: means an entity that hires both real estate appraisers as employees to perform appraisals of real property, and engage independent contractors to perform such appraisals. See N.Y. Executive Law 160-AAAA
  • in need of care and treatment: means that a person has a mental illness for which in-patient care and treatment in a hospital is appropriate. See N.Y. Mental Hygiene Law 9.01
  • in need of involuntary care and treatment: means that a person has a mental illness for which care and treatment as a patient in a hospital is essential to such person's welfare and whose judgment is so impaired that he is unable to understand the need for such care and treatment. See N.Y. Mental Hygiene Law 9.01
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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.
  • Juror: A person who is on the jury.
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed psychologist: means a person who is registered as a psychologist under article one hundred fifty-three of the education law. See N.Y. Mental Hygiene Law 10.03
  • likely to result in serious harm: means (a) a substantial risk of physical harm to the person as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating that the person is dangerous to himself or herself, or (b) a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm. See N.Y. Mental Hygiene Law 9.01
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local licensing authority: means the governmental agency in the state, if any, that is authorized to license a central dispatch facility. See N.Y. Executive Law 160-CC
  • Mental abnormality: means a congenital or acquired condition, disease or disorder that affects the emotional, cognitive, or volitional capacity of a person in a manner that predisposes him or her to the commission of conduct constituting a sex offense and that results in that person having serious difficulty in controlling such conduct. See N.Y. Mental Hygiene Law 10.03
  • Minority leader: See Floor Leaders
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • need for retention: means that a person who has been admitted to a hospital pursuant to this article is in need of involuntary care and treatment in a hospital for a further period. See N.Y. Mental Hygiene Law 9.01
  • Oath: A promise to tell the truth.
  • Office: means the office of mental health. See N.Y. Mental Hygiene Law 7.03
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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.
  • Person: means an individual, partnership, corporation, or any other entity recognized under New York state law. See N.Y. Executive Law 160-AAAA
  • Personal property: All property that is not real property.
  • 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.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • 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.
  • Psychiatric examiner: means a qualified psychiatrist or a licensed psychologist who has been designated to examine a person pursuant to this article; such designee may, but need not, be an employee of the office of mental health or the office for people with developmental disabilities. See N.Y. Mental Hygiene Law 10.03
  • qualified psychiatrist: means a physician licensed to practice medicine in New York state who: (a) is a diplomate of the American board of psychiatry and neurology or is eligible to be certified by that board; or (b) is certified by the American osteopathic board of neurology and psychiatry or is eligible to be certified by that board. See N.Y. Mental Hygiene Law 9.01
  • Qualified psychiatrist: means a physician licensed to practice medicine in New York state who: (1) is a diplomate of the American board of psychiatry and neurology or is eligible to be certified by that board; or (2) is certified by the American osteopathic board of neurology and psychiatry or is eligible to be certified by that board. See N.Y. Mental Hygiene Law 10.03
  • Quorum: The number of legislators that must be present to do business.
  • Real estate: means an identified parcel or tract of land, including improvements, if any. See N.Y. Executive Law 160-A
  • Real estate: means an identified parcel or tract of land, including improvements, if any. See N.Y. Executive Law 160-AAAA
  • real estate appraisal: means an analysis, opinion or conclusion relating to the nature, quality, value or utility of specified interests in, or aspects of, identified real estate. See N.Y. Executive Law 160-A
  • real estate appraisal: means an analysis, opinion or conclusion relating to the nature, quality, value or utility of specified interests in, or aspects of, identified real estate. See N.Y. Executive Law 160-AAAA
  • Real property: means the interest, benefits, and rights inherent in the ownership of real estate. See N.Y. Executive Law 160-AAAA
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: means one or more defined interests, benefits and rights inherent in the ownership of real estate. See N.Y. Executive Law 160-A
  • released: means release, conditional release or discharge from confinement, from community supervision by the department of corrections and community supervision, or from an order of observation, commitment, recommitment or retention. See N.Y. Mental Hygiene Law 10.03
  • 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.
  • Respondent: means a person referred to a case review team for evaluation, a person as to whom a sex offender civil management petition has been recommended by a case review team and not yet filed, or filed by the attorney general and not dismissed, or sustained by procedures under this article. See N.Y. Mental Hygiene Law 10.03
  • Secondary mortgage market participant: means a guarantor or insurer of mortgage-backed securities, or an underwriter or issuer of mortgage-backed securities. See N.Y. Executive Law 160-AAAA
  • Secretary: shall mean the secretary of state. See N.Y. Executive Law 159-E
  • Secretary: means the secretary of state. See N.Y. Executive Law 160-CC
  • Secure treatment facility: means a facility or a portion of a facility, designated by the commissioner, that may include a facility located on the grounds of a correctional facility, that is staffed with personnel from the office of mental health or the office for people with developmental disabilities for the purposes of providing care and treatment to persons confined under this article, and persons defined in paragraph five of subdivision (g) of this section. See N.Y. Mental Hygiene Law 10.03
  • Service of process: The service of writs or summonses to the appropriate party.
  • Sex offender requiring civil management: means a detained sex offender who suffers from a mental abnormality. See N.Y. Mental Hygiene Law 10.03
  • Sex offender requiring strict and intensive supervision: means a detained sex offender who suffers from a mental abnormality but is not a dangerous sex offender requiring confinement. See N.Y. Mental Hygiene Law 10.03
  • Sex offense: means an act or acts constituting:
    (1) any felony defined in article one hundred thirty of the penal law, including a sexually motivated felony;
    (2) patronizing a person for prostitution in the first degree as defined in section 230. See N.Y. Mental Hygiene Law 10.03
  • Sexually motivated: means that the act or acts constituting a designated felony were committed in whole or in substantial part for the purpose of direct sexual gratification of the actor. See N.Y. Mental Hygiene Law 10.03
  • State certified real estate appraiser: means a person who develops and communicates real estate appraisal and who holds a current, valid certificate issued to him or her for either general or residential real estate under the provisions of this article. See N.Y. Executive Law 160-A
  • State licensed real estate appraiser: means a person who develops and communicates real property appraisals and who holds a current valid license issued to him or her for residential real property under the provisions of this article. See N.Y. Executive Law 160-A
  • State licensed real estate appraiser assistant: means a person who assists and is supervised by a state certified real estate appraiser and who holds a current valid license issued to him or her under the provisions of this article. See N.Y. Executive Law 160-A
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • tribal organizations: shall mean those tribes, bands or other organized groups of Indians recognized in the state or considered by the federal secretary of the interior to be an Indian tribe or an Indian organization for any purpose. See N.Y. Executive Law 159-E
  • Tripartite board: shall mean
    (a) the governing board of a private nonprofit entity selected by the entity and composed so as to assure that
    (1) one-third of the members of the board are elected public officials, holding office on the date of selection, or their representatives, except that if the number of such elected officials reasonably available and willing to serve on the board is less than one-third of the membership of the board, membership on the board of appointive public officials or their representatives may be counted in meeting such one-third requirement;
    (2)
    (A) not fewer than one-third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that these members are representative of low-income individuals and families in the neighborhood served; and
    (B) each representative of low-income individuals and families selected to represent a specific neighborhood within a community under clause (A) of this subparagraph resides in the neighborhood represented by the member; and
    (3) the remainder of the members are officials or members of business, industry, labor, religious, law enforcement, education, or other major groups and interests in the community served; or
    (b) the governing board of a public organization, which shall have members selected by the organization and shall be composed so as to assure that not fewer than one-third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that these members
    (1) are representative of low-income individuals and families in the neighborhood served;
    (2) reside in the neighborhood served; and
    (3) are able to participate actively in the development, planning, implementation, and evaluation of programs funded under this article. See N.Y. Executive Law 159-E
  • Trustee: A person or institution holding and administering property in trust.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • USPAP: means the appraisal standards promulgated by the appraisal standards board of the appraisal foundation. See N.Y. Executive Law 160-AAAA
  • Valuation: is a n estimate of the value of real estate or real property. See N.Y. Executive Law 160-A
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.