§ 383-b. Medical treatment for abused, neglected and destitute children; consent of commissioners. The local commissioner of social services or the local commissioner of health may give effective consent for medical, dental, health and hospital services for any child who has been found by the family court to be an abused, neglected or destitute child, or who has been taken into or kept in protective custody or removed from the place where he or she is residing, or who has been placed in the custody of such commissioner, pursuant to section four hundred seventeen of this article or section one thousand twenty-two, section one thousand twenty-four, section one thousand twenty-seven, section one thousand ninety-four or section one thousand ninety-five of the family court act.

Terms Used In N.Y. Social Services Law 383-B

  • Child: means a person actually or apparently under the age of eighteen years;

    2. See N.Y. Social Services Law 371
  • Custody: means custody in pursuance of or in compliance with expressed provisions of law;

    12. See N.Y. Social Services Law 371
  • Destitute child: means :

    (a) a child under the age of eighteen who is in a state of want or suffering due to lack of sufficient food, clothing, shelter, or medical or surgical care; and:

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

    (ii) is without any parent or caretaker as such term is defined in section one thousand ninety-two of the family court act, available to sufficiently care for him or her, due to:

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

    (B) the incapacity or debilitation of a parent or caretaker, where such incapacity or debilitation would prevent such parent or caretaker from being able to knowingly and voluntarily enter into a written agreement to transfer the care and custody of said child pursuant to § 358-a of the social services law; or

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

    (D) the parent or caretaker being physically located outside of the state of New York and the local social services district is or has been unable to return said child to such parent or caretaker while or after making reasonable efforts to do so, unless the lack of such efforts is or was appropriate under the circumstances;

    (b) a child who is under the age of eighteen years and absent from his or her legal residence without the consent of his or her parent, legal guardian or custodian; or

    (c) a child under the age of eighteen who is without a place of shelter where supervision and care are available who is not otherwise covered under paragraph (a) of this subdivision; or

    (d) a person who is a former foster care youth under the age of twenty-one who was previously placed in the care and custody or custody and guardianship of the local commissioner of social services or other officer, board or department authorized to receive children as public charges, and who was discharged from foster care due to a failure to consent to continuation in placement, who has returned to foster care pursuant to section one thousand ninety-one of the family court act. See N.Y. Social Services Law 371
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