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Terms Used In N.Y. Family Court Law 1033-B

  • Child: means any person or persons alleged to have been abused or neglected, whichever the case may be;
(c) "A case involving abuse" means any proceeding under this article in which there are allegations that one or more of the children of, or the legal responsibility of, the respondent are abused children;
(d) "Drug" means any substance defined as a controlled substance in section thirty-three hundred six of the public health law;
(e) "Abused child" means a child less than eighteen years of age whose parent or other person legally responsible for his care
(i) inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ, or
(ii) creates or allows to be created a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ, or
(iii)
(A) commits, or allows to be committed an offense against such child defined in article one hundred thirty of the penal law;
(B) allows, permits or encourages such child to engage in any act described in sections 230. See N.Y. Family Court Law 1012
  • Child protective agency: means the child protective service of the appropriate local department of social services or such other agencies with whom the local department has arranged for the provision of child protective services under the local plan for child protective services or an Indian tribe that has entered into an agreement with the state department of social services pursuant to section thirty-nine of the social services law to provide child protective services. See N.Y. Family Court Law 1012
  • Dependent: A person dependent for support upon another.
  • 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.
  • Respondent: includes any parent or other person legally responsible for a child's care who is alleged to have abused or neglected such child;
  • (b) "Child" means any person or persons alleged to have been abused or neglected, whichever the case may be;
    (c) "A case involving abuse" means any proceeding under this article in which there are allegations that one or more of the children of, or the legal responsibility of, the respondent are abused children;
    (d) "Drug" means any substance defined as a controlled substance in section thirty-three hundred six of the public health law;
    (e) "Abused child" means a child less than eighteen years of age whose parent or other person legally responsible for his care
    (i) inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ, or
    (ii) creates or allows to be created a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ, or
    (iii)
    (A) commits, or allows to be committed an offense against such child defined in article one hundred thirty of the penal law;
    (B) allows, permits or encourages such child to engage in any act described in sections 230. See N.Y. Family Court Law 1012
    (a) At the initial appearance, the court shall appoint an attorney to represent the interests of any child named in a petition who is alleged to be abused or neglected, unless an attorney has already been appointed for such child pursuant to section one thousand sixteen of this act.
    (b) At the initial appearance, the court shall advise the respondent of the allegations in the petition and further advise the respondent of the right to an adjournment of the proceeding in order to obtain counsel. The recitation of such rights shall not be waived except that the recitation of the allegations in the petition may be waived upon the consent of the counsel for the respondent and such counsel’s representation on the record that he or she has explained such allegations to the respondent and has provided the respondent with a copy of the petition and the respondent’s acknowledgement of receipt of the petition and such explanation.
    (c) At the initial appearance, the court shall appoint counsel for indigent respondents pursuant to section two hundred sixty-two of this act.
    (d) In any case where a child has been removed, the court shall advise the respondent of the right to a hearing, pursuant to section ten hundred twenty-eight of this act, for the return of the child and that such hearing may be requested at any time during the proceeding. The recitation of such rights shall not be waived.
    (e) At the initial appearance, the court shall inquire of the child protective agency whether such agency intends to prove that the child is a severely or repeatedly abused child as defined in subdivision eight of section dependent children; commitment by court order; modification of commitment and restoration of parental rights” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”NY” title=”social services”>three hundred eighty-four-b of the social services law, by clear and convincing evidence. Where the agency advises the court that it intends to submit such proof, the court shall so advise the respondent.