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2020 New York Laws
SOS - Social Services
Article 6 - Children
Title 8 - State Child Care Review Service
444 - Confidentiality of Records; Related Matters.

Universal Citation: NY Soc Serv L § 444 (2020)
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§  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.
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