Current through Register Vol. 46, No. 39, September 25, 2024
(a) Definitions.
When used in this section, unless otherwise expressly stated or unless the
context requires a different interpretation:
(1) Subject of a report means a person who is
the subject of a referral or an application for PSA or who is receiving or has
received PSA from a social services district.
(2) Authorized representative of a subject of
a report means:
(i) a person named in writing
by a subject to be a subject's representative for purposes of requesting and
receiving records under this Part; provided, however, that the subject has
contract capacity at the time of the writing or had executed a durable power of
attorney at a time when the subject had such capacity, naming the authorized
representative as attorney-in-fact, and such document has not been revoked in
accordance with applicable law;
(ii) a person appointed by a court, or
otherwise authorized in accordance with law to represent or act in the
interests of the subject; or
(iii)
legal counsel for the subject.
(b) Information in the possession of the
department or a social services district including, but not limited to, reports
made pursuant to this Part, the names of referral sources, written reports or
photographs, required forms, progress notes and other information in the case
record concerning the subject of a report, is confidential. Accordingly, the
department or a social services district must not release reports or other
information in their possession which pertain to a person who is the subject of
a report without the approval of such subject or his or her authorized
representative, except as provided for in subdivision (c) of this
section.
(c) The following persons,
officers and agencies may receive information from the department or a social
services district concerning the subject of a report:
(1) any person who is the subject of a report
or such person's authorized representative;
(2) a provider of services to a current or
former PSA client where a social services official, or his/her designee, has
determined that such information is necessary to determine the need for, or to
provide or arrange for the delivery of PSA. For the purposes of this section a
PSA client means the subject of a PSA report;
(3) a court, upon a finding that the
information in the record is necessary for the use by a party in a criminal or
civil action or in the determination of an issue before the court;
(4) a grand jury, upon a finding that the
information in the record is necessary for the determination of charges before
the grand jury;
(5) a district
attorney, assistant district attorney or an investigator employed in the office
of the district attorney, a member of the Division of the State Police, a
police officer employed by a city, county, town or village police department or
by a county sheriff when such official requests such information stating that:
(i) the information is necessary to conduct a
criminal investigation or criminal prosecution of a person;
(ii) there is reasonable cause to believe
that a criminal investigation or prosecution involves or otherwise affects a
person who is the subject of a PSA referral or application or is receiving or
has received PSA; and
(iii) it is
reasonable to believe that due to the nature of the crime under investigation
or prosecution, such records may be related to the criminal investigation or
prosecution;
(6) a
person named court appointed evaluator or guardian pursuant to article 81 of
the Mental Hygiene Law, or a person named as a guardian for the mentally
retarded pursuant to article 17-A of the Surrogate's Court Procedure Act;
or
(7) any person entitled to such
record in accordance with applicable law.
(d) Prior to the release of a record or other
information maintained pursuant to this Part to persons, officers and agencies
specified in subdivision (c) of this section, the department or a social
services district must be satisfied that the confidential character of the
information will be maintained in accordance with applicable law and that such
information will be used solely for the purposes for which it was made
available. Furthermore, any release of confidential HIV information, as defined
in section 2780 of the Public Health Law, must comply
with the requirements of article 27-f of such law and Parts 357 and 403 of this
Title.
(e) The commissioner or a
local social services official may withhold in whole, or in part, the release
of any information in their possession which they are otherwise authorized to
release in accordance with subdivision (c) of this section, if such official
determines that:
(1) the release of such
information would identify a person who made a referral or submitted an
application on behalf of a person for PSA, or who cooperated in a subsequent
investigation and assessment conducted by a social services district to
determine a person's need for PSA; and
(2) the official reasonably determines that
the release of such information would be detrimental to the safety or interests
of such individual.
(f)
When a record made under this Part is subpoenaed or sought pursuant to notice
to permit discovery, a social services official may move to withdraw, quash,
fix conditions or modify the subpoena, or to move for a protective order, as
may be appropriate, in accordance with the applicable provisions of the
Criminal Procedure Law or the Civil Practice Law and Rules to:
(1) delete the identity of any persons who
made a referral or submitted an application for PSA on behalf of an individual,
or who cooperated in a subsequent investigation and assessment of the
individual's need for such services, or the agency, institution, program or
other entity when persons are employed, or with which such persons are
associated;
(2) withhold records,
the disclosure of which is likely to be detrimental to the safety or interests
of such persons; or
(3) otherwise
object to the release of all or a portion of the record on the basis that the
requested release of records is for a purpose not authorized under the
law.
(g) For the purpose
of this section, a record means any information in the possession of the
department or a social services district regarding the subject of a report as
defined in subdivision (a) of this section.
