N.Y. Comp. Codes R. & Regs. tit. 14 § 582.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 582.3 - Definitions. for purposes of this part

(a) Abused child in residential care means a child in residential care who:

(1) is subjected to any of the following acts, regardless of whether such act results in injury, when such act is committed by a custodian of the child, is not accidental and does not constitute emergency physical intervention necessary to protect the safety of any person:

(i) being thrown, shoved, kicked, burned, stricken, choked, smothered, pinched, punched, shaken, cut or bitten;

(ii) the display of a weapon, or other object that could reasonably be perceived by the child as a means for the infliction of pain or injury, in a manner that constitutes a threat of physical pain or injury;

(iii) the use of corporal punishment;

(iv) the withholding of nutrition or hydration as punishment; or

(v) the unlawful administration of any controlled substance as defined by article 33 of the Public Health Law, or any alcoholic beverage, as defined by section 3 of the Alcoholic Beverage Control Law, to the child; or

(2) is inflicted, by other than accidental means, with a reasonably foreseeable injury that causes death or creates a substantial risk of death, serious or protracted disfigurement, serious or protracted impairment of his or her physical, mental or emotional condition, or serious or protracted loss or impairment of the function of any organ; or

(3) is subjected to a reasonably foreseeable and substantial risk of injury, by other than accidental means, which would be likely to cause death, serious or protracted disfigurement, serious or protracted impairment of his or her physical, mental or emotional condition, or serious or protracted loss or impairment of the function of any organ; or

(4) is the victim of any sexual offense, as described in the Penal Law.

(b) Behavioral health organization or BHO shall mean an entity selected by the Commissioner of the Office of Mental Health and the Commissioner of the Office of Alcoholism and Substance Abuse Services pursuant to section 365-m of the New York State Social Services Law to provide administrative and management services for the purposes of conducting concurrent review of behavioral health admissions to inpatient treatment settings, assisting in the coordination of behavioral health services, and facilitating the integration of such services with physical health care.

(c) Child, for purposes of this Part, means an individual under 18 years of age.

(d) Commissioner means the Commissioner of Mental Health.

(e) Concurrent review shall mean the review of the clinical necessity for continued inpatient behavioral health services, resulting in a non-binding recommendation regarding the need for such continued inpatient services.

(f) Custodian means the director, operator, employee or volunteer of a hospital or a consultant or an employee or volunteer of a corporation, partnership, organization or governmental entity which provides goods or services to the hospital pursuant to a contract or other arrangement that permits such person to have regular and substantial contact with children in residential care, as such term is defined in section 412-a of the Social Services Law.

(g) Hospital means any residential facility or institution providing a program of 24-hour professional care and treatment of persons with mental illness.

(h) Maltreated child means a child under the age of 18 years who is in residential care and identified as a neglected child.

(i) Mental or emotional injury or impairment and impairment of mental or emotional condition, means a substantial diminution of a child's psychological or intellectual functioning which is determined by a physician, psychologist, psychiatric nurse practitioner, licensed clinical or master social worker, or licensed mental health counselor.

(j) Neglected child in residential care means a child who:

(1) experiences an impairment of his or her physical, mental or emotional condition or is subjected to a substantial risk of such impairment because he or she has not received:

(i) adequate food, clothing, shelter, medical, dental, optometric or surgical care, consistent with the rules or regulations of the office, provided that the facility has reasonable access to the provision of such services and that necessary consents to any such medical, dental, optometric or surgical treatment have been sought and obtained from the appropriate individuals;

(ii) access to educational instruction in accordance with the provisions of article 65 of the Education Law; or

(iii) proper supervision or guardianship, consistent with the rules or regulations of the office; or

(2) is inflicted with a physical, mental or emotional injury, excluding a minor injury, by other than accidental means, or is subjected to the risk of a physical, mental or emotional injury, excluding minor injury, by other than accidental means, where such injury or risk of injury was reasonably foreseeable; or

(3) is inflicted with a physical, mental or emotional injury, excluding minor injury, by other than accidental means, or is subjected to the substantial risk of a physical, mental or emotional injury, excluding minor injury, by other than accidental means, as a result of a failure to implement an agreed upon plan of prevention and remediation; or

(4) is subjected to the intentional administration of any prescription or non-prescription drug other than in substantial compliance with a prescription or order issued for the child by a licensed, qualified health care practitioner.

(k) Office means the New York State Office of Mental Health.

(l) Physical injury or impairment and impairment of physical condition, means any confirmed harm, hurt, or damage resulting in a significant worsening or diminution of the child's condition.

(m) Residential care means care provided to a child in a hospital, as such term is defined in this section.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 582.3