(a) A parent means an individual who is the biological parent, stepparent or adoptive parent of a child whose guardianship and custody or care and custody have been transferred by the parent to an authorized agency, as that term is defined by section 371.10 of the Social Services Law, pursuant to section 384 or 384-a of the Social Services Law or article 3, 7, 10, 10-B or 10-C of the Family Court Act. Such person is deemed a parent for purposes of this Part, until parental rights have been surrendered pursuant to section 383-c or 384 of the Social Services Law or terminated pursuant to section 384-b of such law and the child is subsequently adopted.

(b) A child means a person who meets all of the following criteria:

(c) Foster care of children shall mean all activities and functions provided relative to the care of a child away from his home 24 hours per day in a foster family free home or a duly licensed, certified, or approved foster family boarding home, or a duly licensed or certified group home, agency boarding home, child care institution, health care facility or any combination thereof.

(d) Former custodial parent means the parent to whom a court order granted legal custody, including joint custody, of the child if such order was in effect when the child entered foster care or will be entering foster care, or, where no court order granting legal custody exists, the parent who had physical custody of the child immediately prior to the child's entering foster care.

(e) Non-custodial parent means the parent who has had legal custody of the child transferred from him or her by court order prior to the child's entering foster care, or, where no court order granting legal custody exists, the parent who lived separate and apart from the child when the child entered foster care.