2006 New York Code - Protection Of Public Welfare Records.



 
    §  136.  Protection  of  public  welfare  records.    1.  The names or
  addresses of persons applying for or  receiving  public  assistance  and
  care  shall  not  be  included in any published report or printed in any
  newspaper or reported at any  public  meeting  except  meetings  of  the
  county  board of supervisors, city council, town board or other board or
  body authorized and required to appropriate funds for public  assistance
  and  care in and for such county, city or town; nor shall such names and
  addresses and the amount received by or expended  for  such  persons  be
  disclosed   except  to  the  commissioner  of  social  services  or  his
  authorized representative, such county, city or town board  or  body  or
  its  authorized  representative,  any other body or official required to
  have such information properly to discharge its or his  duties,  or,  by
  authority of such county, city or town appropriating board or body or of
  the social services official of the county, city or town, to a person or
  agency  considered entitled to such information. However, if a bona fide
  news disseminating firm or organization makes a written request  to  the
  social services official or the appropriating board or body of a county,
  city or town to allow inspection by an authorized representative of such
  firm  or organization of the books and records of the disbursements made
  by such county, city or  town  for  public  assistance  and  care,  such
  requests shall be granted within five days and such firm or organization
  shall  be considered entitled to the information contained in such books
  and records, provided such firm or organization shall give assurances in
  writing that it will not publicly disclose, or participate or  acquiesce
  in  the  public disclosure of, the names and addresses of applicants for
  and recipients  of  public  assistance  and  care  except  as  expressly
  permitted  by  subdivision  four.    If such firm or organization shall,
  after giving  such  assurance,  publicly  disclose,  or  participate  or
  acquiesce  in  the  public  disclosure  of,  the  names and addresses of
  applicants for or recipients of public assistance  and  care  except  as
  expressly  permitted by subdivision four, then such firm or organization
  shall be deemed to have violated this section and such  violation  shall
  constitute  a  misdemeanor.  As used herein a news disseminating firm or
  organization shall mean and include: a newspaper;  a  newspaper  service
  association  or  agency;  a  magazine;  a radio or television station or
  system; a motion picture news agency.
    2. All communications and information relating to a  person  receiving
  public  assistance  or  care  obtained  by any social services official,
  service officer, or employee in the course of his or her work  shall  be
  considered  confidential  and,  except  as  otherwise  provided  in this
  section, shall be disclosed only to the  commissioner,  or  his  or  her
  authorized  representative,  the  commissioner of labor, or   his or her
  authorized representative, the commissioner of health,  or  his  or  her
  authorized  representative, the welfare inspector general, or his or her
  authorized representative,  the  county    board  of  supervisors,  city
  council,  town  board  or other board or body authorized and required to
  appropriate funds for public assistance and care in and for such county,
  city or town or its authorized representative or, by  authority  of  the
  county,  city  or  town  social services official, to a person or agency
  considered entitled to such information. Nothing herein shall preclude a
  social services official from reporting  to  an  appropriate  agency  or
  official,  including  law  enforcement  agencies  or officials, known or
  suspected instances of  physical  or  mental  injury,  sexual  abuse  or
  exploitation,  sexual  contact  with  a  minor or negligent treatment or
  maltreatment of a child of which  the  official  becomes  aware  in  the
  administration  of  public  assistance  and  care  nor shall it preclude
  communication with the federal immigration  and  naturalization  service
  regarding the immigration status of any individual.
    3.  Nothing in this section shall be construed to prevent registration
  in a central index  or  social  service  exchange  for  the  purpose  of
  preventing  duplication  and  of  coordinating  the  work  of public and
  private agencies.
    4.  No person or agency shall solicit, disclose, receive, make use of,
  or authorize, knowingly permit, participate in, or acquiesce in the  use
  of, any information relating to any applicant for or recipient of public
  assistance  or  care  for  commercial or political purposes.  Nothing in
  this or the other subdivisions  of  this  section  shall  be  deemed  to
  prohibit  bona  fide news media from disseminating news, in the ordinary
  course of their lawful business, relating to  the  identity  of  persons
  charged  with  the  commission  of  crimes  or  offenses involving their
  application for or receipt of public assistance and care, including  the
  names  and  addresses  of  such applicants or recipients who are charged
  with the commission of such crimes or offenses.
    5. A social services official shall disclose to a  federal,  state  or
  local  law enforcement officer, upon request of the officer, the current
  address of any recipient of family assistance, or safety net  assistance
  if the duties of the officer include the location or apprehension of the
  recipient  and  the  officer furnishes the social services official with
  the name of the recipient and notifies the agency that such recipient is
  fleeing to avoid prosecution, custody or confinement  after  conviction,
  under  the  laws of the place from which the recipient is fleeing, for a
  crime or an attempt to commit a crime which is a felony under  the  laws
  of  the place from which the recipient is fleeing, or which, in the case
  of the state of New Jersey, is a high misdemeanor under the laws of that
  state, or is violating a condition of probation or parole imposed  under
  a  federal  or  state  law  or has information that is necessary for the
  officer to conduct his or  her  official  duties.    In  a  request  for
  disclosure  pursuant  to  this subdivision, such law enforcement officer
  shall endeavor to include identifying information to  help  ensure  that
  the  social  services  official discloses only the address of the person
  sought and not the address of a person with the same or similar name.

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