37 Pa. Code § 411.2

Current through Register Vol. 54, No. 49, December 7, 2024

Section 411.2 - Definitions

(a) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Act-The Crime Victims Act (18 P. S. §§ 11.101-11.5102).

Average weekly wage-The amount designated for persons covered by Articles I and II of the Unemployment Compensation Law (43 P. S. §§ 751-771) in this Commonwealth as determined periodically by the Department of Labor and Industry.

Dependent child-The child of a direct victim or intervenor on whose behalf regular payments are received for the purpose of whole or partial support and who is one of the following:

(i) Under 18 years of age, including an unborn child for the purposes of this chapter only as defined by 18 Pa.C.S. § 3203 (relating to definitions).

(ii) Eighteen years of age or older but under 23 years of age and currently attending secondary school or is a full-time student in a postsecondary educational institution.

(iii) Eighteen years of age or older but unable to provide for his own support due to a physical or mental disability.

Final decision-An OVS determination of a claim that may be appealed by the claimant as provided in 2 Pa.C.S. Chapter 7, Subchapter A (relating to judicial review of Commonwealth agency action).

Guardian-A person appointed by a court for the care and management of a person or estate of a minor or incapacitated person, or designated by a parent of a minor to perform that role.

Health care provider-

(i) An individual authorized by a licensing board or agency of the Commonwealth or equivalent governmental entity to practice the science and skill of diagnosis and treatment of ailments of the human body.

(ii) The term includes medical doctor, osteopathic physician, chiropractor, dentist, registered nurse, optometrist, pharmacist, physical therapist, podiatrist, psychologist, licensed professional counselor and licensed social worker.

Human services provider-Social workers, children and youth caseworkers, Area Agency on Aging, victim service providers (system and community based advocates) and other social service professionals, including mental health, substance abuse and medical social work.

Immediate need-One hundred and twenty days from the date of the crime or 120 days from the date the victim is threatened by any change of circumstance or indicator of danger and a move or relocation is necessary to become or remain safe.

Medical care-Diagnostic, treatment or rehabilitative services performed in a health care facility regulated by the Commonwealth or equivalent governmental entity or performed by a health care provider or person under the direct supervision of a health care provider.

OVS-The Office of Victims' Services in the Pennsylvania Commission on Crime and Delinquency.

PFA-Protection From Abuse Order issued under 23 Pa.C.S. Chapter 61 (relating to protection from abuse).

Pigeon drop-The act of approaching a person and asking that person if he would like to share an amount of found money. In order to share the money, the person shows a good faith effort by willingly providing a specified amount of money with the expectation of receiving part of the "found" money.

Primary source of income-Fifty percent or more of the direct victim's gross annual income.

Principal support-Fifty percent or more of a claimant's living expenses.

Private residence-Includes a house, apartment, condominium, mobile home or other personal living space.

(b) The definitions in section 103 of the act (18 P. S. § 11.103) are incorporated by reference.

37 Pa. Code § 411.2

The provisions of this § 411.2 amended December 11, 2009, effective 12/12/2009, 39 Pa.B. 6980.

The provisions of this § 411.2 amended under section 312(3) of the Crime Victims Act (18 P. S. § 11.312(3)).