N.Y. Social Services Law § 422-a: Child abuse and neglect investigations; disclosure

§ 422-a. Child abuse and neglect investigations; disclosure. 1.

Notwithstanding any inconsistent provision of law to the contrary, the

commissioner or a city or county social services commissioner may

disclose information regarding the abuse or maltreatment of a child as

set forth in this section, and the investigation thereof and any

services related thereto if he or she determines that such disclosure

shall not be contrary to the best interests of the child, the child's

siblings or other children in the household and any one of the following

factors are present:

(a) the subject of the report has been charged in an accusatory

instrument with committing a crime related to a report maintained in the

statewide central register; or

(b) the investigation of the abuse or maltreatment of the child by the

local child protective service or the provision of services by such

service has been publicly disclosed in a report required to be disclosed

in the course of their official duties, by a law enforcement agency or

official, a district attorney, any other state or local investigative

agency or official or by judge of the unified court system; or

(c) there has been a prior knowing, voluntary, public disclosure by an

individual concerning a report of child abuse or maltreatment in which

such individual is named as the subject of the report as defined by

subdivision four of section four hundred twelve of this title; or

(d) the child named in the report has died or the report involves the

near fatality of a child. For the purposes of this section, "near

fatality" means an act that results in the child being placed, as

certified by a physician, in serious or critical condition.

2. For the purposes of this section, the following information may be

disclosed:

(a) the name of the abused or maltreated child;

(b) the determination by the local child protective service or the

state agency which investigated the report and the findings of the

applicable investigating agency upon which such determination was based;

(c) identification of child protective or other services provided or

actions, if any, taken regarding the child named in the report and his

or her family as a result of any such report or reports;

(d) whether any report of abuse or maltreatment regarding such child

has been "indicated" as maintained by the statewide central register;

(e) any actions taken by the local child protective service and the

local social services district in response to reports of abuse or

maltreatment of the child to the statewide central register including

but not limited to actions taken after each and every report of abuse or

maltreatment of such child and the dates of such reports;

(f) whether the child or the child's family has received care or

services from the local social services district prior to each and every

report of abuse or maltreatment of such child;

(g) any extraordinary or pertinent information concerning the

circumstances of the abuse or maltreatment of the child and the

investigation thereof, where the commissioner or the local commissioner

determines such disclosure is consistent with the public interest.

3. Information may be disclosed pursuant to this section as follows:

(a) information released prior to the completion of the investigation

of a report shall be limited to a statement that a report is "under

investigation";

(b) when there has been a prior disclosure pursuant to paragraph (a)

of this subdivision, information released in a case in which the report

has been unfounded shall be limited to the statement that "the

investigation has been completed, and the report has been unfounded";

(c) if the report has been "indicated" then information may be

released pursuant to subdivision two of this section.

4. Any disclosure of information pursuant to this section shall be

consistent with the provisions of subdivision two of this section. Such

disclosure shall not identify or provide an identifying description of

the source of the report, and shall not identify the name of the abused

or maltreated child's siblings, the parent or other person legally

responsible for the child or any other members of the child's household,

other than the subject of the report.

5. In determining pursuant to subdivision one of this section whether

disclosure will be contrary to the best interests of the child, the

child's siblings or other children in the household, the commissioner or

a city or county social services commissioner shall consider the

interest in privacy of the child and the child's family and the effects

which disclosure may have on efforts to reunite and provide services to

the family.

6. Whenever a disclosure of information is made pursuant to this

section, the city or county social services commissioner shall make a

written statement prior to disclosing such information to the chief

county executive officer where the incident occurred setting forth the

paragraph in subdivision one of this section upon which he or she is

basing such disclosure.

7. Except as it applies directly to the cause of the abuse or

maltreatment of the child, nothing in this section shall be deemed to

authorize the release or disclosure of the substance or content of any

psychological, psychiatric, therapeutic, clinical or medical reports,

evaluations or like materials or information pertaining to such child or

the child's family. Prior to the release or disclosure of any

psychological, psychiatric or therapeutic reports, evaluations or like

materials or information pursuant to this subdivision, the city or

county social services commissioner shall consult with the local mental

hygiene director.