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 5 - Adult and Family Services
Part 462 - Nonresidential Services For Victims Of Domestic Violence
Section 462.9 - Confidentiality
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 462.9
Current through Register Vol. 46, No. 39, September 25, 2024
Each nonresidential program for victims of domestic violence operated directly by a social services district or by a not-for-profit organization pursuant to a purchase of services contract with a social services district must comply with the following confidentiality requirements.
(a) Access to information. All records, books, reports and papers established and maintained pursuant to this Part relating to the operation of the program and to the persons who receive services from the program are confidential except that the following persons and entities have access to such information under the following circumstances:
(1) (1) the Office and any social services
district contracting with the program for the provision of non-residential
services for victims of domestic violence will have access, on-site at the
program's Office, to the following information:
(i) all books, records, reports and papers
relating to the operation of the program;
(ii) the specific information regarding the
persons receiving services from the program which must be maintained in
individual case records in accordance with section
462.7(a)
of this Part; and
(iii) access to
personally identifying information is only permitted upon the informed,
written, reasonably time-limited consent from the person receiving
services;
(2) any person
or entity pursuant to an order of a court of competent jurisdiction;
(3) a person receiving services from the
program will have access to all information maintained in that person's
individual case record in accordance with section
462.7(a)
of this Part; provided, however, that a perpetrator or an alleged perpetrator
or domestic violence may have access only to the information in the individual
case record which pertains to the services provided to the perpetrator or
alleged perpetrator;
(4) an
employee or official of a Federal, State or local agency will have access, for
the purposes of conducting a fiscal audit, to records relating to the financial
and program operations of such a nonresidential program for victims of domestic
violence other than to the individual case records which must be maintained in
accordance with section
462.7(a)
of this Part; and
(5) 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 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
nonresidential program for victims of domestic violence pursuant to subdivision
(a) of this section or relating to persons receiving services from such a
program must not disclose or make public such information except:
(i) an agency or person may disclose such
information pursuant to an order of a court of competent
jurisdiction;
(ii) an agency or
person may disclose such information 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 nonresidential program for victims
of domestic violence;
(iii) an
agency or person may disclose such information when otherwise authorized by
statute;
(iv) an agency or person
may disclose information pertaining to a person receiving services from such a
program pursuant to an informed, written, reasonably time-limited consent from
the person to whom the information pertains;
(v) a federal, State or local agency which
has conducted a fiscal audit of such a program may disclose a final report
regarding the findings of the audit to the public; provided, however, that in
no case may information which would identify any person receiving services from
the program or the location of the places where residential services for
victims of domestic violence are provided be disclosed; or
(vi) a person engaged in a bona fide research
purpose may disclose the findings of such research to the public; provided,
however, that in no case may personally identifying information of any victim
of domestic violence or the location of the places where residential services
for victims of domestic violence are provided be disclosed.
(2) An employee of the New York
State Office of Children and Family Services or of a local social services
district given access to information pursuant to this section who re-discloses
such information in a manner which is not consistent with the provision of this
Part may be subject to disciplinary action in accordance with applicable
collective bargaining agreements and laws and regulations.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
