In Matter of Ian H. (42 AD3d 701 [3d Dept 2007]) the Court held that the section 1012 definition of a child does not mandate a conclusion that the child must be a subject child of the petition in order for his or her out of court statement to be admissible under section 1046 (a) (vi). In Matter of Ian H., the Third Department noted that the Family Court found that the respondent was a person legally responsible for three children who were not the subject of the neglect proceeding. The Third Department further noted that the respondent actively participated in the care of these non-subject children by feeding them, checking their diapers and changing them. (42 AD3d at 701.)