New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter C - Social Services
Article 4 - Residential Programs for Victimes of Domestic Violence
Part 452 - GENERAL PROVISIONS
Section 452.10 - Confidentiality
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 452.10
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Access to information. All records, books, reports and papers established and maintained pursuant to this Part and Parts 453, 454 and 455 of this Title relating to the operation of residential programs for victims of domestic violence and to the residents of such programs are confidential. Access to such information will be permitted only as follows:
(1) the Office
will have full access to all books, records, reports and papers relating to the
operation of residential programs for victims of domestic violence and to the
residents of such programs. Access to any client personally identifiable
information for purposes of inspection and supervision is only permitted as
described in section
452.8(c)(1)
of this Part;
(2) any person or
entity will have access to information as permitted by an order of a court of
competent jurisdiction;
(3) a
residential program for victims of domestic violence will have access to
information maintained in a resident's case record by another residential
program for victims of domestic violence, excluding any information identifying
the actual street address where the resident is sheltered, in those situations
where a resident continues to be in need of a residential program for victims
of domestic violence beyond the current program's length of stay policy and the
resident has provided consent for their information to be shared for the
purpose of a referral to another available residential program for victims of
domestic violence;
(4) a local
social services district will have access:
(i) to fiscal records and non-identifiable
personal information which is deemed necessary by the Office to establish an
approved per diem rate pursuant to section 131-u of the Social Services Law. This
will not include access to information identifying the actual street address
where residents are being sheltered or any identifying information on safe home
providers;
(ii)
(a) to resident case records, including any
resident identifiable information, for purposes of investigating a report of
suspected child abuse and maltreatment pursuant to title 6 of article 6 of the
Social Services Law;
(b) to
resident case records, excluding information identifying the actual street
address where residents are being sheltered, only when a resident has
voluntarily given written authorization for the release of such information. A
local social services district cannot require that a resident sign such
authorization as a condition for receiving public assistance or services;
and
(c) for the purposes of
reimbursing a residential program for victims of domestic violence the approved
per diem rate for those victims that choose not to apply for public assistance
and care, the following non-identifying personal information:
(1) the date of admission of the resident for
whom an approved per diem rate will be paid;
(2) the date of admission of any minor
children for whom an approved per diem rate will be paid;
(3) the business address of the residential
program for victims of domestic violence;
(4) the date the resident departed from the
program;
(5) as applicable, the
date of the resident's minor children departed from the program;
(6) information identifying the social
services district of fiscal responsibility on the form furnished by the
Office;
(d) for the
purpose of reimbursing a residential program for victims of domestic violence
the approved per diem rate for those victims that choose to apply for public
assistance and provide informed written, time-limited consent to their
personally identifying information, the following information:
(1) the name of the resident for whom an
approved per diem rate will be paid;
(2) the name of any minor children for whom
an approved per diem rate will be paid;
(3) the business address of the residential
program for victims of domestic violence;
(4) the date the resident, and, as
applicable, minor child, entered the program;
(5) the date of the resident's, and, as
applicable, minor child's departure; and
(6) other relevant information which
identifies a resident's service and safety needs, and which is necessary to
ensure the provision of appropriate services to the resident;
(5) a
resident as defined in section
452.2 of
this Part will have access to all information maintained in his/her resident
case record maintained in accordance with section
452.9(b)(1)
of this Part;
(6) an employee or
official of a Federal, State or local agency will have access to records
relating to the financial operation of a residential program for victims of
domestic violence other than to a resident's case record and to records
identifying the actual shelter site for purposes of conducting a fiscal
audit.
(7) a program may permit a
person engaged in a bona fide research purpose access to information consistent
with applicable law and regulations; provided, however, that in no case will
such person have access to personally identifying information regarding persons
receiving services from the program unless such persons have provided informed,
written, time-limited consent to their personally identifying
information.
(b) Disclosure.
(1) An agency or person given
access to any books, records, reports and papers relating to the operation of a
residential program for victims of domestic violence pursuant to subdivision
(a) of this section or to the residents of such program must not divulge or
make public such information except:
(i)
where authorized by a court of competent jurisdiction;
(ii) where expressly authorized by a resident
of a residential program for victims of domestic violence;
(iii) to a person or entity otherwise
authorized to have access pursuant to subdivision (a) of this section for
purposes directly related to the administration of a residential program for
victims of domestic violence;
(iv)
a program may permit a person engaged in bona fide research to disclose the
findings of such research to the public; provided however, that in no case may
information related to the location of the residential program for victims of
domestic violence be disclosed, and personally identifying any person receiving
services from the residential program, may only be disclosed provided written,
time-limited consent has been received from the individual of which the
personally identifying information pertains to; or
(v) where otherwise authorized by
statute.
(2) Employees
of the New York State Office of Children and Family Services and a local social
services district given access to information pursuant to this section who
re-disclose information in a manner which is not consistent with the provision
of this Part are subject to disciplinary action in accordance with appropriate
collective bargaining agreements and applicable law and regulation.
(c) Confidentiality of facility address.
(1) Each program must maintain a
business mailing address separate and distinct from the actual address where
residents are sheltered. When releasing the address of any resident, programs
must release only the business address of the program and not the actual
address where the resident is being sheltered. For the purposes of applying for
and receiving public assistance, medical assistance and/or community services,
residents may use the business mailing address of the program; however, they
may not use the actual street address of the shelter.
(2) All information related to the general
location or specific street address of a structure anticipated to house or
housing a residential program for victims of domestic violence contained in any
application or other document submitted to a state or local agency or any
instrumentality thereof shall be kept confidential and not subject to release
or disclosure in whole or in part. A state or local agency or any
instrumentality thereof shall deny any request for such information made
pursuant to Article 6 of the Public Officers Law in accordance with Section
87(2)(f) of such law.
(3) A state
or local agency or any instrumentality thereof and its employees may disclose
the general location or specific street address of a structure anticipated to
house or housing a residential program for victims of domestic violence only
where authorized by a Court of competent jurisdiction or otherwise expressly
permitted by statute or regulation.
(d) Local district access to residents.
(1) A local social services district will
have access to a resident of a residential program for victims of domestic
violence at the facility or safe home only under the following circumstances:
(i) where authorized by an order of a court
of competent jurisdiction;
(ii)
notwithstanding the requirements of this Title, for purposes of investigating a
report of suspected child abuse or maltreatment in which the subject of a
report is a resident of a residential program for victims of domestic violence
or a safe home provider. Nothing in this subparagraph prevents a local child
protective service from interviewing residents of a residential program for
victims of domestic violence at a location other than the facility or safe
home; and
(iii) where authorized by
the policies of a residential program for victims of domestic violence and with
the consent of the resident.
(2) A local social services district may have
access to the residents of a residential program for victims of domestic
violence, where the program policies do not permit access on site, at a
location other than the confidential location of the actual facility site or
safe home when such access is necessary in order for the local social services
district to determine a resident's length of stay at a residential program for
victims of domestic violence, to assess the service and safety needs of the
resident and/or to assist a resident in finding appropriate alternative
housing.
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