Matter of Yolanda D

In Matter of Yolanda D. (88 NY2d 790, 796, [1996]), the Court of Appeals held that a "person legally responsible" is a person who acts as "the functional equivalent of a parent in a familial or household setting." Furthermore, determining whether a person has acted as a functional equivalent of a parent is a discretionary, fact intensive inquiry which will vary according to the particular circumstances of each case. (Id.) The Court of Appeals delineated specific factors to consider in determining whether a respondent meets the definition of a person legally responsible under section 1012 (g). The factors include, but are not limited to, the frequency and nature of the contact between the child and the respondent, the nature and extent of the control exercised by the respondent over the child's environment, the duration of the respondent's contact with the child, and the respondent's relationship to the child's parent. (Id.) The Court goes on to state that the care must be "analogous to parenting" and "should not be construed to include persons who assume fleeting or temporary care of a child such as a supervisor of a play-date or an overnight visitor." (Id.)