N.Y. Fam. Ct. Act § 712

§ 712. Definitions. As used in this article, the following terms shall\nhave the following meanings:\n (a) "Person in need of supervision". A person less than eighteen years\nof age who does not attend school in accordance with the provisions of\npart one of article sixty-five of the education law or who is\nincorrigible, ungovernable or habitually disobedient and beyond the\nlawful control of a parent or other person legally responsible for such\nchild's care, or other lawful authority, or who violates the provisions\nof section 221.05 or 230.00 of the penal law, or who appears to be a\nsexually exploited child as defined in paragraph (a), (c) or (d) of\nsubdivision one of section four hundred forty-seven-a of the social\nservices law, but only if the child consents to the filing of a petition\nunder this article.\n (b) "Detention". The temporary care and maintenance of children away\nfrom their own homes as defined in section five hundred two of the\nexecutive law.\n (c) "Secure detention facility". A facility characterized by\nphysically restricting construction, hardware and procedures.\n (d) "Non-secure detention facility". A facility characterized by the\nabsence of physically restricting construction, hardware and procedures.\n (e) "Fact-finding hearing". A hearing to determine whether the\nrespondent did the acts alleged to show that he violated a law or is\nincorrigible, ungovernable or habitually disobedient and beyond the\ncontrol of his parents, guardian or legal custodian.\n (f) "Dispositional hearing". A hearing to determine whether the\nrespondent requires supervision or treatment.\n (g) "Aggravated circumstances". Aggravated circumstances shall have\nthe same meaning as the definition of such term in subdivision (j) of\nsection one thousand twelve of this act.\n (h) "Permanency hearing". A hearing held in accordance with paragraph\n(b) of subdivision two of section seven hundred fifty-four or section\nseven hundred fifty-six-a of this article for the purpose of reviewing\nthe foster care status of the respondent and the appropriateness of the\npermanency plan developed by the social services official on behalf of\nsuch respondent.\n (i) "Diversion services". Services provided to children and families\npursuant to section seven hundred thirty-five of this article for the\npurpose of avoiding the need to file a petition or direct the detention\nof the child. Diversion services shall include: efforts to adjust cases\npursuant to this article before a petition is filed, or by order of the\ncourt, after the petition is filed but before fact-finding is commenced;\nand preventive services provided in accordance with section four hundred\nnine-a of the social services law to avert the placement of the child\ninto foster care, including crisis intervention and respite services.\nDiversion services may also include, in cases where any person is\nseeking to file a petition that alleges that the child has a substance\nuse disorder or is in need of immediate detoxification or substance use\ndisorder services, an assessment for substance use disorder; provided,\nhowever, that notwithstanding any other provision of law to the\ncontrary, the designated lead agency shall not be required to pay for\nall or any portion of the costs of such assessment or substance use\ndisorder or detoxification services, except in cases where medical\nassistance for needy persons may be used to pay for all or any portion\nof the costs of such assessment or services.\n (j) "Substance use disorder". The misuse of, dependence on, or\naddiction to alcohol and/or legal or illegal drugs leading to effects\nthat are detrimental to the person's physical and mental health or the\nwelfare of others.\n (k) "Assessment for substance use disorder". Assessment by a provider\nthat has been certified by the office of alcoholism and substance abuse\nservices of a person less than eighteen years of age where it is alleged\nthat the youth is suffering from a substance use disorder which could\nmake a youth a danger to himself or herself or others.\n (l) "A substance use disorder which could make a youth a danger to\nhimself or herself or others". A substance use disorder that is\naccompanied by the dependence on, or the repeated use or abuse of, drugs\nor alcohol to the point of intoxication such that the person is in need\nof immediate detoxification or other substance use disorder services.\n (m) "Substance use disorder services". Substance use disorder services\nshall have the same meaning as provided for in section 1.03 of the\nmental hygiene law.\n