{"jurisdiction": "us-ny", "code": "fca", "section": "1087", "citation": "FCA § 1087", "heading": "Definitions", "text": ["§ 1087. Definitions. When used in this article, the following terms shall have the following meanings:", "(a) \"Child\" shall mean a person under the age of eighteen who is placed in foster care pursuant to section three hundred fifty-eight-a, three hundred eighty-four or three hundred eighty-four-a of the social services law or pursuant to section one thousand twenty-two, one thousand twenty-seven, one thousand fifty-two, one thousand eighty-nine, one thousand ninety-one, one thousand ninety-four or one thousand ninety-five of this act; or directly placed with a relative pursuant to section one thousand seventeen or one thousand fifty-five of this act; or who has been freed for adoption or a person between the ages of eighteen and twenty-one who has consented to continuation in foster care or trial discharge status; or a former foster care youth under the age of twenty-one for whom a court has granted a motion to permit the former foster care youth to return to the custody of the local commissioner of social services or other officer, board or department authorized to receive children as public charges.", "(b) \"Child freed for adoption\" shall mean a person whose custody and guardianship has been committed to an authorized agency pursuant to section three hundred eighty-three-c, three hundred eighty-four, or three hundred eighty-four-b of the social services law. Such category shall include a person whose parent or parents have died during the period in which the child was in foster care and for whom there is no surviving parent who would be entitled to notice or consent pursuant to section one hundred eleven or one hundred eleven-a of the domestic relations law. Such category shall not include a child who has been freed for adoption with respect to one parent but who has another parent whose consent to an adoption is required pursuant to section one hundred eleven of the domestic relations law.", "(c) \"Foster care\" shall mean care provided by an authorized agency to a child in a foster family, free or boarding home; agency boarding home; group home; child care institution, health care facility or any combination thereof.", "(d) \"Agency\" means an authorized agency as defined in paragraphs (a) and (b) of subdivision ten of section three hundred seventy-one of the social services law, to which the care and custody or custody and guardianship of a child has been transferred or committed.", "(e) \"Permanency hearing report\" shall mean a sworn report submitted by the social services district to the court and the parties prior to each permanency hearing regarding the health and well-being of the child, the reasonable efforts that have been made since the last hearing to promote permanency for the child, and the recommended permanency plan for the child."], "official_source": "https://www.nysenate.gov/legislation/laws/FCT/1087", "from_official_api": true, "plain_english": "- **\"Child\"** ★ — a person **under 18** in foster care (under the listed statutes), or directly placed with a relative, or freed for adoption; **also** a person **age 18–21** who consented to stay in foster care or is on trial discharge; **also** a former foster youth **under 21** who got a court's OK to return to the local commissioner's custody.\n- **\"Child freed for adoption\"** — custody/guardianship committed to an agency (SSL §§ 383-c, 384, 384-b). Includes a child whose parents died in care with no surviving parent entitled to notice/consent. Does NOT include a child freed as to one parent when another parent's consent is still required.\n- **\"Foster care\"** — care by an authorized agency in a foster family/boarding home, agency boarding home, group home, child care institution, health care facility, or any combination.\n- **\"Agency\"** — an authorized agency (SSL § 371(10)(a),(b)) that got care and custody, or custody and guardianship, of the child.\n- **\"Permanency hearing report\"** ★ — a **sworn report** the social services district submits to the court and parties **before each hearing**, covering the child's health/well-being, the reasonable efforts made since the last hearing, and the recommended permanency plan.", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/fca/1087", "publisher": "Elyphived LLC"}