2012 New York Consolidated Laws
SOS - Social Services
Article 9-B - ADULT PROTECTIVE SERVICES
Title 3 - (473-D - 473-E) COMMUNITY GUARDIANSHIP
473-E - Confidentiality of protective services for adults' records.

 
    §  473-e.  Confidentiality of protective services for adults' records.
  1.  Definitions. When used in this section  unless  otherwise  expressly
  stated  or  unless  the  context  or subject matter requires a different
  interpretation:
    (a) "Subject of a report" means a person  who  is  the  subject  of  a
  referral or an application for protective services for adults, or who is
  receiving  or  has received protective services for adults from a social
  services district.
    (b) "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  article;
  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  attorney-in-fact,  and  such document has not been revoked in accordance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.
    2. Reports made pursuant  to  this  article,  as  well  as  any  other
  information  obtained,  including  but  not  limited  to,  the  names of
  referral sources, written reports or photographs taken  concerning  such
  reports  in  the  possession  of  the  department  or  a social services
  district, shall be confidential and, except  to  persons,  officers  and
  agencies  enumerated  in paragraphs (a) through (g) of this subdivision,
  shall only be released with the written permission of the person who  is
  the  subject  of the report, or the subject's authorized representative,
  except to the extent that there is a basis for  non-disclosure  of  such
  information  pursuant to subdivision three of this section. Such reports
  and information may be made available to:
    (a) any person who is the subject  of  the  report  or  such  person's
  authorized representative;
    (b)  a provider of services to a current or former protective services
  for adults client, where a social  services  official,  or  his  or  her
  designee  determined that such information is necessary to determine the
  need for or to provide or to arrange for the provision of such services;
    (c) 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 the
  determination of an issue before the court;
    (d) a grand jury, upon a finding that the information in the record is
  necessary for the determination of charges before the grand jury;
    (e)  a  district  attorney,  an   assistant   district   attorney   or
  investigator  employed in the office of a district attorney, a member of
  the division of state police, or 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 such information is
  necessary to conduct a criminal investigation or criminal prosecution of
  a person, that there is reasonable cause to believe  that  the  criminal
  investigation  or  criminal  prosecution involves or otherwise affects a
  person who is the subject of a report, and  that  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;
    (f)  a  person  named  as  a  court-appointed evaluator or guardian in
  accordance with article eighty-one of  the  mental  hygiene  law,  or  a
  person  named as a guardian for the mentally retarded in accordance with
  article seventeen-A of the surrogate's court procedure act; or
    (g) any person considered entitled to such record in  accordance  with
  applicable law.

    3.  The  commissioner  or  a social services official may withhold, in
  whole or in part, the release of any  information  in  their  possession
  which  he  or  she  is  otherwise  authorized  to  release  pursuant  to
  subdivision two of this section, if such official finds that release  of
  such  information  would  identify  a  person  who  made  a  referral or
  submitted an application on behalf of a person for  protective  services
  for  adults,  or  who  cooperated  in  a  subsequent  investigation  and
  assessment conducted by  a  social  services  district  to  determine  a
  person's  need  for such services and the official reasonably finds that
  the release of such information will be detrimental  to  the  safety  or
  interests of such person.
    4.  Before  releasing  a  record  made pursuant to this article in the
  possession  of  the  department  or  a  social  services  district,  the
  appropriate  official  must be satisfied that the confidential character
  of the information will be maintained in accordance with applicable law,
  and that the record will be used only for the purposes for which it  was
  made available.
    5.  In  addition  to  the requirements of this section, any release of
  confidential HIV related information, as defined in section twenty-seven
  hundred  eighty  of  the  public  health  law,  shall  comply  with  the
  requirements of article twenty-seven-F of the public health law.
    6.  When  a  record  made  under  this article 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 (a) delete the identity of  any  persons  who
  made  a referral or submitted an application for protective services for
  adults on behalf of an individual or  who  cooperated  in  a  subsequent
  investigation   and  assessment  of  the  individual's  needs  for  such
  services, or the agency, institution,  organization,  program  or  other
  entity  when  such  persons are employed, or with which such persons are
  associated, (b) withhold records the disclosure of which is likely to be
  detrimental to the safety or interests of such persons, or (c) otherwise
  to object to release of all or a portion of the record on the basis that
  requested release of records is for a purpose not authorized  under  the
  law.