N.Y. Comp. Codes R. & Regs. tit. 18 § 462.2

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

Section 462.2 - Definitions

For the purposes of this Part, the following definitions apply:

(a) Nonresidential program for victims of domestic violence means any program operated by a not-for-profit organization for the purpose of providing nonresidential services for victims of domestic violence including, but not limited to, telephone hotline assistance, information and referral services, advocacy, counseling, and community education/outreach activities pursuant to section 462.4(a) of this Part and which has at least 70 percent of its clientele consisting of victims of domestic violence and their children.

(b) Not-for-profit organization means any organization which is a public agency or which is incorporated as a not-for profit corporation or religious corporation under the laws of this State or which provides care and/or services in this State and has been granted a Federal tax exempt status.

(c) Office means the New York State Office of Children and Family Services.

(d) Residential program for victims of domestic violence means any residential program as defined in Part 452.2 of this Title, approved by the Office and operated by a not-for-profit organization for the purposes of providing temporary shelter, emergency services to victims of domestic violence. Residential programs for victims of domestic violence include: domestic violence shelter, domestic violence mixed occupancy shelter, domestic violence sponsoring agency, and safe home network.

(e) Victim of domestic violence means any person over the age of sixteen, any married person or any parent accompanied by his/her minor child(ren) in situations in which such person or such person's child is a victim of an act which would constitute a violation of the Penal Law, including, but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted assault, attempted murder, criminal obstruction of breathing or blood circulation, strangulation, identity theft, grand larceny or coercion; or through acts including and not limited to, intimidation, coercive control, emotional and psychological abuse and behavior, expressive and psychological aggression, financial abuse, harassment, tormenting behavior, disturbing or alarming to such person or such person's child; and

(1) such act or acts have resulted in actual physical or emotional injury or have created a substantial risk of physical or emotional harm to such person or such person's child; and

(2) such act or acts are or are alleged to have been committed by a family or household member. Family or household members means the following individuals:

(i) persons related by blood or marriage;

(ii) persons legally married to one another;

(iii) persons formerly married to one another regardless of whether they still reside in the same household;

(iv) persons who have a child in common regardless of whether such persons are married or have lived together at any time;

(v) unrelated persons who are continually or at regular intervals living in the same household or who have in the past continually or at regular intervals lived in the same household; or

(vi) unrelated persons who have had intimate or continuous social contact with one another and who have access to one another's household.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 462.2

Amended New York State Register April 1, 2020/Volume XLII, Issue 13, eff. 4/1/2020