§ 371. Definitions\n Unless the context or the subject matter manifestly requires a\ndifferent interpretation, when used in this article or in any special\nact relating to children,\n 1. "Child" means a person actually or apparently under the age of\neighteen years;\n 2. "Abandoned child" means a child under the age of eighteen years who\nis abandoned by both parents, or by the parent having its custody, or by\nany other person or persons lawfully charged with its care or custody,\nin accordance with the definition and other criteria set forth in\nsubdivision five of section three hundred eighty-four-b;\n 3. "Destitute child" means:\n (a) a child under the age of eighteen who is in a state of want or\nsuffering due to lack of sufficient food, clothing, shelter, or medical\nor surgical care; and:\n (i) 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 the family court act; and\n (ii) is without any parent or caretaker as such term is defined in\nsection one thousand ninety-two of the family court act, available to\nsufficiently care for him or her, due to:\n (A) the death of a parent or caretaker; or\n (B) 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 (C) the inability of the local social services district to locate any\nparent or caretaker, after making reasonable efforts to do so; or\n (D) the parent or caretaker being physically located outside of the\nstate of New York and the local social services district is or has been\nunable to return said 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) a child who is under the age of eighteen years and absent from his\nor her legal residence without the consent of his or her parent, legal\nguardian or custodian; or\n (c) a child under the age of eighteen who is without a place of\nshelter where supervision and care are available who is not otherwise\ncovered under paragraph (a) of this subdivision; or\n (d) a person who is a former foster care youth under the age of\ntwenty-one who was previously placed in the care and custody or custody\nand guardianship of the local commissioner of social services or other\nofficer, board or department authorized to receive children as public\ncharges, and who was discharged from foster care due to a failure to\nconsent to continuation in placement, who has returned to foster care\npursuant to section one thousand ninety-one of the family court act.\n 4-a. "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,\neducation, medical or surgical care, though financially able to do so or\noffered financial or other reasonable means to do so; 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 participating in a rehabilitative program, e
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