§ 1092. Definitions. When used in this article unless the specific\ncontext indicates otherwise:\n (a) "destitute child" shall mean a child under the age of eighteen who\nis in a state of want or suffering due to lack of sufficient food,\nclothing, shelter, or medical or surgical care and:\n (1) does not fit within the definition of an "abused child" or a\n"neglected child" as such terms are defined in section one thousand\ntwelve of this act; and\n (2) is without any parent or caretaker available to sufficiently care\nfor him or her, due to:\n (i) the death of a parent or caretaker; or\n (ii) the incapacity or debilitation of a parent or caretaker, where\nsuch incapacity or debilitation would prevent such parent or caretaker\nfrom being able to knowingly and voluntarily enter into a written\nagreement to transfer the care and custody of said child pursuant to\nsection three hundred fifty-eight-a or three hundred eighty-four-a of\nthe social services law; or\n (iii) the inability of the commissioner of social services to locate\nany parent or caretaker, after making reasonable efforts to do so; or\n (iv) a parent or caretaker being physically located outside of the\nstate of New York and the commissioner of social services is or has been\nunable to return the child to such parent or caretaker while or after\nmaking reasonable efforts to do so, unless the lack of such efforts is\nor was appropriate under the circumstances.\n (b) "parent" shall mean any living biological or adoptive parent of\nthe child whose rights have not been terminated or surrendered.\n (c) "caretaker" shall mean a person or persons, other than a parent of\na child alleged or adjudicated to be a destitute child pursuant to this\narticle, who possesses a valid, current court order providing him or her\nwith temporary or permanent guardianship or temporary or permanent\ncustody of said child.\n (d) "permanency hearing" shall mean a hearing in accordance with\narticle ten-A of this act, as defined in subdivision (k) of section one\nthousand twelve of this act.\n (e) "commissioner of social services" shall mean the commissioner of\nthe local department of social services or, in a city having a\npopulation of one million or more, the administration for children's\nservices.\n (f) "Interested adult" shall mean a person or persons over the age of\neighteen, other than a parent or caretaker, who, at the relevant time\nresided with and had responsibility for the day-to-day care of a child\nalleged or adjudicated to be destitute.\n
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