§ 712. Definitions. As used in this article, the following terms shall
have the following meanings:

(a) "Person in need of supervision". A person less than eighteen years
of age: (i) who does not attend school in accordance with the provisions
of part one of article sixty-five of the education law; (ii) who is
ungovernable or habitually disobedient and beyond the lawful control of
a parent or other person legally responsible for such child's care, or
other lawful authority; (iii) who violates the provisions of section
230.00 of the penal law; (iv) or who appears to be a sexually exploited
child as defined in paragraph (a), (c) or (d) of subdivision one of
section four hundred forty-seven-a of the social services law, but only
if the child consents to the filing of a petition under this article.

(b) "Pre-dispositional placement". The temporary care and maintenance
of children away from their own homes pursuant to section seven hundred
twenty of this article.

(c) "Fact-finding hearing". A hearing to determine whether the
respondent did the acts alleged to show that he or she violated a law or
is ungovernable or habitually disobedient and beyond the control of his
or her parents, guardian or legal custodian.

(d) "Dispositional hearing". A hearing to determine whether the
respondent requires supervision or treatment.

(e) "Aggravated circumstances". Aggravated circumstances shall have
the same meaning as the definition of such term in subdivision (j) of
section one thousand twelve of this act.

(f) "Permanency hearing". A hearing held in accordance with paragraph
(b) of subdivision two of section seven hundred fifty-four or section
seven hundred fifty-six-a of this article for the purpose of reviewing
the foster care status of the respondent and the appropriateness of the
permanency plan developed by the social services official on behalf of
such respondent.

(g) "Diversion services". Services provided to children and families
pursuant to section seven hundred thirty-five of this article for the
purpose of avoiding the need to file a petition or direct the
pre-dispositional placement of the child. Diversion services shall
include: efforts to adjust cases pursuant to this article before a
petition is filed, or by order of the court, after the petition is filed
but before fact-finding is commenced; and preventive services provided
in accordance with section four hundred nine-a of the social services
law to avert the placement of the child, including crisis intervention
and respite services. Diversion services may also include, in cases
where any person is seeking to file a petition that alleges that the
child has a substance use disorder or is in need of immediate
detoxification or substance use disorder services, an assessment for
substance use disorder; provided, however, that notwithstanding any
other provision of law to the contrary, the designated lead agency shall
not be required to pay for all or any portion of the costs of such
assessment or substance use disorder or detoxification services, except
in cases where medical assistance for needy persons may be used to pay
for all or any portion of the costs of such assessment or services.

(h) "Substance use disorder". The misuse of, dependence on, or
addiction to alcohol and/or legal or illegal drugs leading to effects
that are detrimental to the person's physical and mental health or the
welfare of others.

(i) "Assessment for substance use disorder". Assessment by a provider
that has been certified by the office of alcoholism and substance abuse
services of a person less than eighteen years of age where it is alleged
that the youth is suffering from a substance use disorder which could
make a youth a danger to himself or herself or others.

(j) "A substance use disorder which could make a youth a danger to
himself or herself or others". A substance use disorder that is
accompanied by the dependence on, or the repeated use or abuse of, drugs
or alcohol to the point of intoxication such that the person is in need
of immediate detoxification or other substance use disorder services.

(k) "Substance use disorder services". Substance use disorder services
shall have the same meaning as provided for in section 1.03 of the
mental hygiene law.