2019 New York Laws
EXC - Executive
Article 19-G - Office of Children and Family Services
Title 1 - (Designated Without Title Heading)
501-C - Confidentiality.

§ 501-c. Confidentiality. 1.(a) Records or files of youths kept by the
division for youth shall be deemed confidential and shall be safeguarded
from  coming  to  the knowledge of and from inspection or examination by
any person other than one authorized to receive  such  knowledge  or  to
make such inspection or examination: (i) by the division pursuant to its
regulations; (ii) or by a judge of the court of claims when such records
are required for the trial of a claim or other proceeding in such court;
or  (iii)  by  a  federal  court  judge  or magistrate, a justice of the
supreme court, a judge of the county court or family court, or  a  grand
jury  when  such  records are required for a trial or proceeding in such
court or grand jury.  No  person  shall  divulge  the  information  thus
obtained  without  authorization  to  do  so by the division, or by such
justice, judge or grand jury.
  (b) The division shall not release information which would  reasonably
identify such youth as ever being in the custody of the division, except
as provided in paragraph (a) of this subdivision.
  (c)  Nothing  in  this  subdivision shall limit a person's or agency's
responsibility  or  authority  to  report  suspected  child   abuse   or
maltreatment pursuant to title six of article six of the social services
law.
  (d) Nothing in this subdivision shall be deemed to prevent access by a
parent  or  legal  guardian of a youth to records or files of such youth
where access is otherwise specifically authorized by law.
  2. Notwithstanding any other provision of this section,  the  official
case  records  produced  and  maintained  by  the division shall be made
available to a probation department,  upon  written  request,  where  an
order  of the court has been issued directing such department to conduct
an investigation pursuant to  the  provisions  of  sections  390.20  and
720.20  of  the  criminal  procedure law and section 351.1 of the family
court act. Any written requests for records shall be  accompanied  by  a
copy  of  the  court  order and shall request only a copy of the youth's
official case record. The division shall be granted  a  minimum  of  ten
days  to produce such records. The division shall be required to forward
only records less than three years old  in  its  possession,  or  copies
thereof,  relating  to  a youth less than twenty-one years of age at the
time of the request. The division may impose  a  fee  upon  a  probation
department  for  its  costs  in photocopying records provided under this
subdivision. A probation  department  shall  retain  copies  of  records
received  or  information  obtained therein under the same conditions of
confidentiality that apply to the investigation and any  report  on  the
investigation which was the basis for obtaining such records.