New York FCT Code § 1012

Definitions
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§ 1012. Definitions. When used in this article and unless the specific\ncontext indicates otherwise:\n  (a) "Respondent" includes any parent or other person legally\nresponsible for a child's care who is alleged to have abused or\nneglected such child;\n  (b) "Child" means any person or persons alleged to have been abused or\nneglected, whichever the case may be;\n  (c) "A case involving abuse" means any proceeding under this article\nin which there are allegations that one or more of the children of, or\nthe legal responsibility of, the respondent are abused children;\n  (d) "Drug" means any substance defined as a controlled substance in\nsection thirty-three hundred six of the public health law;\n  (e) "Abused child" means a child less than eighteen years of age whose\nparent or other person legally responsible for his care\n  (i) inflicts or allows to be inflicted upon such child physical injury\nby other than accidental means which causes or creates a substantial\nrisk of death, or serious or protracted disfigurement, or protracted\nimpairment of physical or emotional health or protracted loss or\nimpairment of the function of any bodily organ, or\n  (ii) creates or allows to be created a substantial risk of physical\ninjury to such child by other than accidental means which would be\nlikely to cause death or serious or protracted disfigurement, or\nprotracted impairment of physical or emotional health or protracted loss\nor impairment of the function of any bodily organ, or\n  (iii) (A) commits, or allows to be committed an offense against such\nchild defined in article one hundred thirty of the penal law; (B)\nallows, permits or encourages such child to engage in any act described\nin sections 230.25, 230.30, 230.32 and 230.34-a of the penal law; (C)\ncommits any of the acts described in sections 255.25, 255.26 and 255.27\nof the penal law; (D) allows such child to engage in acts or conduct\ndescribed in article two hundred sixty-three of the penal law; or (E)\npermits or encourages such child to engage in any act or commits or\nallows to be committed against such child any offense that would render\nsuch child either a victim of sex trafficking or a victim of severe\nforms of trafficking in persons pursuant to 22 U.S.C. 7102 as enacted by\npublic law 106-386 or any successor federal statute; (F) provided,\nhowever, that (1) the corroboration requirements contained in the penal\nlaw and (2) the age requirement for the application of article two\nhundred sixty-three of such law shall not apply to proceedings under\nthis article.\n  (f) "Neglected child" means a child less than eighteen years of age\n  (i) whose physical, mental or emotional condition has been impaired or\nis in imminent danger of becoming impaired as a result of the failure of\nhis parent or other person legally responsible for his care to exercise\na minimum degree of care\n  (A) in supplying the child with adequate food, clothing, shelter or\neducation in accordance with the provisions of part one of article\nsixty-five of the education law, or medical, dental, optometrical or\nsurgical care, though financially able to do so or offered financial or\nother reasonable means to do so, or, in the case of an alleged failure\nof the respondent to provide education to the child, notwithstanding the\nefforts of the school district or local educational agency and child\nprotective agency to ameliorate such alleged failure prior to the filing\nof the petition; or\n  (B) in providing the child with proper supervision or guardianship, by\nunreasonably inflicting or allowing to be inflicted harm, or a\nsubstantial risk thereof, including the infliction of excessive corporal\npunishment; or by misusing a drug or drugs; or by misusing alcoholic\nbeverages to the extent that he loses self-control of his actions; or by\nany other acts of a similarly serious nature requiring the aid of the\ncourt; provided, however, that where the respondent is voluntarily and\nregularly

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