459-A - Definitions.

§  459-a.    Definitions.    As used in this article:   1.  "Victim of  domestic violence" means any person over the age of sixteen, any married  person or any parent accompanied by his or her minor child  or  children  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,  menacing, reckless endangerment, kidnapping, assault, attempted assault,  or attempted murder; and    (i)    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    (ii)   such act or acts are or are alleged to have been committed by a  family or household member.    2.  "Family or household members" mean the following individuals:    (a)  persons related by consanguinity or affinity;    (b)  persons legally married to one another;    (c)  persons formerly married to one  another  regardless  of  whether  they still reside in the same household;    (d)    persons  who  have a child in common regardless of whether such  persons are married or have lived together at any time;    (e)  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    (f)   any other category of individuals  deemed  to  be  a  victim  of  domestic violence as  defined by the department in regulation.    3.  "Parent"  means  a  natural  or  adoptive parent or any individual  lawfully charged with a minor child's care or custody.    4. "Residential program for victims of domestic  violence"  means  any  residential  care  program certified by the department and operated by a  not-for-profit organization in accordance with the  regulations  of  the  department  for the purpose of providing emergency shelter, services and  care to victims of domestic violence. Residential programs  for  victims  of domestic violence shall include, but shall not be limited to:    (a)  "Domestic violence shelters", which shall include any residential  care facility organized for the exclusive purpose of providing emergency  shelter, services and care to victims of  domestic  violence  and  their  minor children, if any;    (b)  "Domestic  violence  programs"  which  shall include any facility  which otherwise meets or would meet the requirements of paragraph (a) of  this subdivision, except that victims of  domestic  violence  and  their  minor  children,  if  any,  constitute  at  least seventy percent of the  clientele of such program; and    (c) "Safe home networks" which shall include any organized network  of  private  homes  offering  emergency  shelter  and services to victims of  domestic violence and their minor children, if any. Such  network  shall  be coordinated by a not-for-profit organization.    5.  "Non-residential  program  for victims of domestic violence" means  any program operated by a not-for-profit organization, for  the  purpose  of  providing  non-residential services to victims of domestic violence,  including, but  not  limited  to,  information  and  referral  services,  advocacy,  counseling,  and  community education and outreach activities  and providing or arranging for hotline  services.  Victims  of  domestic  violence  and  their children, if any, shall constitute at least seventy  percent of the clientele of such programs.