2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 8 - (440 - 446) STATE CHILD CARE REVIEW SERVICE
444 - Confidentiality of records; related matters.

 
    §  444. Confidentiality of records; related matters. 1. The department
  in consultation with the advisory committee shall make regulations;
    (a)  protecting  the   confidentiality   of   individual   identifying
  information  submitted  to  or  provided  by the service, and preventing
  access  thereto,  by,  or  the  distribution  thereof  to,  persons  not
  authorized by law;
    (b)   setting   forth  procedures  for  informing  any  child  or  his
  representative of the nature of the system and its uses;
    (c) allowing any child or his representative  or  any  member  of  his
  family,  an  opportunity  to  review  any information pertaining to such
  child or family and to request that any  part  of  such  information  be
  amended or expunged; and
    (d)  providing  that  the  service  shall  remove from its records and
  expunge    the    individual    identifying    information,    excluding
  non-identifying child or family data to be used for historical purposes,
  concerning any child who has been discharged from care.
    2.  Prior  to  final  promulgation  of any regulations as described in
  subdivision one of this section, the department shall,  in  addition  to
  complying  with  all  other  advance  notice  requirements make proposed
  regulations  available  to  all  state   agencies   charged   with   the
  administration  or  supervision  of  child  care  programs  and to local
  government agencies and persons  that  have  expressed  an  interest  in
  safeguarding  information  maintained  by the service, and shall provide
  such  agencies  with  an  opportunity  to  comment   on   the   proposed
  regulations.  In  promulgating  final  regulations  the department shall
  consider any comments received.
    3. Any persons wilfully  violating  or  failing  to  comply  with  the
  provisions  of  subdivision one of this section or wilfully violating or
  failing to comply with any regulation which the department is authorized
  under such subdivision to make, shall be guilty of a misdemeanor.
    4. The regulations promulgated pursuant to  subdivision  one  of  this
  section,  shall  provide that the information compiled and maintained by
  the service pursuant to paragraph (d) of subdivision ten of section four
  hundred forty-two of this title shall be subject to the  confidentiality
  provisions of title six of this article.