N.Y. Social Services Law § 136: 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.