N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 901-2.2

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

Section 901-2.2 - Definitions

When used in this Subpart, unless expressly stated otherwise, the following definitions apply:

(a) "Authorized person" means any person designated by a provider of services and authorized to request, receive and check criminal history information in accordance with this Subpart.

(b) "Criminal history information " means a record of pending criminal charges, criminal convictions which are not vacated or reversed, and certificates filed pursuant to subdivision (2) of section 705 of the Correction Law, and which the New York State Division of Criminal Justice Services is authorized to maintain pursuant to subdivision (6) of section 837 of the Executive Law.

(c) "Division " means the New York State Division of Criminal Justice Services.

(d) "Facility," as set forth in subdivision (k) of this section, provides shelter to families with children receiving temporary housing assistance and receiving services from the operator or provider, or a social services district in instances where the social services district directly operates the facility, or a contractor on behalf of the operator or provider or such social services district, which provides any of the following: meals, supervision, assessment services, permanent housing preparation services, recreational services, information and referral services, health services, or child-care services.

(e) "Office " means the New York State Office of Temporary and Disability Assistance.

(f) "Prospective assistant" means any person who has applied to be utilized by the provider of services, in assisting any of the foregoing in any manner in the provision of such services who will have the potential for, or may be permitted, regular and substantial contact with children who are served by the publicly-funded emergency shelter for families with children.

(g) "Prospective consultant" means any person who has applied to be utilized by the provider of services, including, but not limited to, in the capacity of providing consultation and/or advice, who will have the potential for, or may be permitted, regular and substantial contact with children who are served by the publicly-funded emergency shelter for families with children.

(h) "Prospective employee " means any person who has applied to be employed or utilized by the provider of services who will have the potential for, or may be permitted, regular and substantial contact with children who are served by the publicly-funded emergency shelter for families with children.

(i) "Prospective volunteer" means a person who has applied to participate in activities with or for the benefit of persons receiving services from a provider of services, under the supervision of staff or management of such provider, for which he or she receives no salary or remuneration, who will have the potential for, or may be permitted, regular and substantial contact with children who are served by the publicly-funded emergency shelter for families with children.

(j) "Provider of services " means a provider of services to a publicly-funded shelter for families with children which is expressly required to request a check of criminal history information pursuant to section 460-h of the Social Services Law and this Subpart.

(k) "Publicly-funded emergency shelter for families with children" means any facility, as defined in this Subpart, with overnight sleeping accommodations and that is used to house recipients of temporary housing assistance and which houses or may house children and families with children, except residential programs for victims of domestic violence licensed by the New York State Office of Children and Family Services.

(l) "Subject individual" means a person whose criminal history information is required to be checked by a provider of services pursuant to section 460-h of the Social Services Law and this Subpart.

(m) "Supervising social services district" means the social services district in which the publicly-funded emergency shelter for families with children is located.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 901-2.2

Adopted New York State Register October 11, 2017/Volume XXXIX, Issue 41, eff. 10/11/2017