N.Y. Comp. Codes R. & Regs. tit. 18 § 434.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 434.2 - Definitions

For purposes of this Part, the following definitions apply:

(a) Abused child means a child as defined in section 412.1 of the Social Services Law.

(b) Appellant means (1) a subject of an indicated report of child abuse or maltreatment who has requested a hearing pursuant to section 422 of the Social Services Law to determine whether the subject has been shown by a fair preponderance of the evidence, as such term is defined in section 434.10(i) of this Part, to have committed the act or acts of child abuse or maltreatment giving rise to the indicated report and whether such act or acts could be relevant and reasonably related to the appropriateness of the subject to engage in child care employment or to become an adoptive parent, a foster parent, or a day care provider, or (2) a subject of an indicated report who has requested a hearing pursuant to section 424-a of the Social Services Law to determine whether the subject has been shown by a fair preponderance of the evidence, as such term is defined in section 434.10(i) of this Part, to have committed the act or acts of child abuse or maltreatment giving rise to the indicated report.

(c) Authorized agency means an agency as defined in section 371.10 of the Social Services Law.

(d) Commissioner means the Commissioner of the New York State Office of Children and Family Services.

(e) Department or office means the New York State Office of Children and Family Services.

(f) Hearing means a proceeding at which (1) a subject of a report of child abuse and maltreatment may seek relief from a decision of the department to deny a request to amend an indicated report of child abuse or maltreatment maintained by the State Central Register of Child Abuse and Maltreatment, or, for reports received prior to February 12, 1996, amend or expunge an indicated report of child abuse or maltreatment maintained by the State Central Register of Child Abuse and Maltreatment, or (2) it is determined whether a subject committed the act or acts of child abuse or maltreatment giving rise to an indicated report and if so whether such act or acts are relevant and reasonably related to the appropriateness of the subject to engage in child care employment or to become an adoptive parent, foster parent or a day care provider.

(g) Hearing officer means an attorney who is employed by the department and designated and authorized by the commissioner to preside at hearings.

(h) Indicated report means a report of child abuse or maltreatment in which an investigation conducted by the local social services district, the department, or the Commission on the Quality of Care for the Mentally Disabled has determined that some credible evidence of the alleged child abuse or maltreatment exists.

(i) Licensing agency means an authorized agency which has received an application to become an adoptive parent or an authorized agency which has received an application for a certificate or license to receive, board or keep any child pursuant to the provisions of section 376 or 377 of the Social Services Law or an authorized agency which has received an application from a relative within the third degree of the parent or stepparent of a child or the child's legal guardian for approval to receive, board or keep such child or an authorized agency or State or local governmental agency which receives an application to provide day care services in a day care center, family day care home or group family day care home pursuant to the provisions of section 390 of the Social Services Law, or the Department of Health of the City of New York when such department receives an application for a certificate of approval to provide family day care pursuant to the provision of the health code of such city, or a State or local governmental official who receives an application for a permit to operate a camp which is subject to the provisions of article 13- A, 13-B or 13-C of the Public Health Law or the Division for Youth which has received an application for a certificate to receive board or keep any child at a foster family home pursuant to the provisions of section 501 (7), 502, or 532-a (3) of the Executive Law.

(j) Maltreated child means a child as defined in section 412 (2) of the Social Services Law.

(k) Parties to a hearing means the appellant, the State Central Register of Child Abuse and Maltreatment, the local child protective service, the Commission on Quality of Care for the Mentally Disabled, and the department.

(l) Provider agency means an authorized agency, the Division for Youth, juvenile detention facilities subject to the certification of such division, programs established pursuant to article 19-H of the Executive Law, and licensed day care centers, including head start programs which are funded pursuant to title V of the Federal Economic Opportunity Act of 1964, as amended, special act school districts as enumerated in chapter 566 of the Laws of 1967, as amended, and residential schools which are operated, supervised or approved by the Education Department.

(m) Subject of a report means any parent of, guardian of, custodian of or other person 18 years of age or older legally responsible for, as defined in section 1012 (g) of the Family Court Act, a child reported to the State Central Register of Child Abuse and Maltreatment, who is allegedly responsible for causing abuse or maltreatment to such child or who allegedly allows such abuse or maltreatment to be inflicted on such child, or a director of or an operator of or employee or volunteer in a home operated or supervised by an authorized agency, the Division for Youth, or an office of the Department of Mental Hygiene or in a family day care home, a day care center, a group family day care home or a day services program, or a consultant or any person who is an employee of or a volunteer in a corporation, partnership, organization or any governmental entity which provides goods or services and has regular and substantial contact with children in residential care who is allegedly responsible for causing abuse or maltreatment or who allegedly allows such abuse or maltreatment to be inflicted on such child.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 434.2