N.Y. Comp. Codes R. & Regs. tit. 18 § 422.1

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

Section 422.1 - Definitions

For purposes of this Part:

(a) A parent means an individual who is the biological parent, stepparent or adoptive parent of a child whose guardianship and custody or care and custody have been transferred by the parent to an authorized agency, as that term is defined by section 371.10 of the Social Services Law, pursuant to section 384 or 384-a of the Social Services Law or article 3, 7, 10, 10-B or 10-C of the Family Court Act. Such person is deemed a parent for purposes of this Part, until parental rights have been surrendered pursuant to section 383-c or 384 of the Social Services Law or terminated pursuant to section 384-b of such law and the child is subsequently adopted.

(b) A child means a person who meets all of the following criteria:

(1) Age.

(i) the child is under the age of 18 years; or

(ii) is between the ages of 18 and 21 years and entered foster care before his or her 18th birthday, and has consented to remain in foster care past his or her 18th birthday; and

(a) is a student attending a college, school or university; or

(b) is regularly attending a course of vocational or technical training designed to fit him or her for gainful employment; or

(c) lacks the skills or ability to live independently.

(2) Residential program.

The child is cared for away from his or her home 24 hours a day in a foster family free home; a duly licensed, certified or approved foster family boarding home; a duly licensed or certified group home, agency boarding home, child care institution, or health care facility; or any combination thereof.

(3) Placement.

(i) the child's care and custody or guardianship and custody have been transferred to an authorized agency pursuant to the provisions of section 384 or 384-a of the Social Services Law; or

(ii) the child has been placed with a social services official pursuant to article 3, 7 or 10 of The Family Court Act.

(c)Foster care of children shall mean all activities and functions provided relative to the care of a child away from his home 24 hours per day in a foster family free home or a duly licensed, certified, or approved foster family boarding home, or a duly licensed or certified group home, agency boarding home, child care institution, health care facility or any combination thereof.

(d)Former custodial parent means the parent to whom a court order granted legal custody, including joint custody, of the child if such order was in effect when the child entered foster care or will be entering foster care, or, where no court order granting legal custody exists, the parent who had physical custody of the child immediately prior to the child's entering foster care.

(e)Non-custodial parent means the parent who has had legal custody of the child transferred from him or her by court order prior to the child's entering foster care, or, where no court order granting legal custody exists, the parent who lived separate and apart from the child when the child entered foster care.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 422.1

Amended New York State Register June 17, 2015/Volume XXXVII, Issue 24, eff. 6/17/2015