N.Y. Comp. Codes R. & Regs. tit. 18 § 452.10

Current through Register Vol. 46, No. 51, December 18, 2024

Section 452.10 - Confidentiality

(a) Access to information. All records, books, reports and papers established and maintained pursuant to this Part and Parts 453, 454 and 455 of this Title relating to the operation of residential programs for victims of domestic violence and to the residents of such programs are confidential. Access to such information will be permitted only as follows:

(1) the Office will have full access to all books, records, reports and papers relating to the operation of residential programs for victims of domestic violence and to the residents of such programs. Access to any client personally identifiable information for purposes of inspection and supervision is only permitted as described in section 452.8(c)(1) of this Part;

(2) any person or entity will have access to information as permitted by an order of a court of competent jurisdiction;

(3) a residential program for victims of domestic violence will have access to information maintained in a resident's case record by another residential program for victims of domestic violence, excluding any information identifying the actual street address where the resident is sheltered, in those situations where a resident continues to be in need of a residential program for victims of domestic violence beyond the current program's length of stay policy and the resident has provided consent for their information to be shared for the purpose of a referral to another available residential program for victims of domestic violence;

(4) a local social services district will have access:

(i) to fiscal records and non-identifiable personal information which is deemed necessary by the Office to establish an approved per diem rate pursuant to section 131-u of the Social Services Law. This will not include access to information identifying the actual street address where residents are being sheltered or any identifying information on safe home providers;

(ii)

(a) to resident case records, including any resident identifiable information, for purposes of investigating a report of suspected child abuse and maltreatment pursuant to title 6 of article 6 of the Social Services Law;

(b) to resident case records, excluding information identifying the actual street address where residents are being sheltered, only when a resident has voluntarily given written authorization for the release of such information. A local social services district cannot require that a resident sign such authorization as a condition for receiving public assistance or services; and

(c) for the purposes of reimbursing a residential program for victims of domestic violence the approved per diem rate for those victims that choose not to apply for public assistance and care, the following non-identifying personal information:

(1) the date of admission of the resident for whom an approved per diem rate will be paid;

(2) the date of admission of any minor children for whom an approved per diem rate will be paid;

(3) the business address of the residential program for victims of domestic violence;

(4) the date the resident departed from the program;

(5) as applicable, the date of the resident's minor children departed from the program;

(6) information identifying the social services district of fiscal responsibility on the form furnished by the Office;

(d) for the purpose of reimbursing a residential program for victims of domestic violence the approved per diem rate for those victims that choose to apply for public assistance and provide informed written, time-limited consent to their personally identifying information, the following information:

(1) the name of the resident for whom an approved per diem rate will be paid;

(2) the name of any minor children for whom an approved per diem rate will be paid;

(3) the business address of the residential program for victims of domestic violence;

(4) the date the resident, and, as applicable, minor child, entered the program;

(5) the date of the resident's, and, as applicable, minor child's departure; and

(6) other relevant information which identifies a resident's service and safety needs, and which is necessary to ensure the provision of appropriate services to the resident;

(5) a resident as defined in section 452.2 of this Part will have access to all information maintained in his/her resident case record maintained in accordance with section 452.9(b)(1) of this Part;

(6) an employee or official of a Federal, State or local agency will have access to records relating to the financial operation of a residential program for victims of domestic violence other than to a resident's case record and to records identifying the actual shelter site for purposes of conducting a fiscal audit.

(7) a program may permit a person engaged in a bona fide research purpose access to information consistent with applicable law and regulations; provided, however, that in no case will such person have access to personally identifying information regarding persons receiving services from the program unless such persons have provided informed, written, time-limited consent to their personally identifying information.

(b) Disclosure.

(1) An agency or person given access to any books, records, reports and papers relating to the operation of a residential program for victims of domestic violence pursuant to subdivision (a) of this section or to the residents of such program must not divulge or make public such information except:

(i) where authorized by a court of competent jurisdiction;

(ii) where expressly authorized by a resident of a residential program for victims of domestic violence;

(iii) to a person or entity otherwise authorized to have access pursuant to subdivision (a) of this section for purposes directly related to the administration of a residential program for victims of domestic violence;

(iv) a program may permit a person engaged in bona fide research to disclose the findings of such research to the public; provided however, that in no case may information related to the location of the residential program for victims of domestic violence be disclosed, and personally identifying any person receiving services from the residential program, may only be disclosed provided written, time-limited consent has been received from the individual of which the personally identifying information pertains to; or

(v) where otherwise authorized by statute.

(2) Employees of the New York State Office of Children and Family Services and a local social services district given access to information pursuant to this section who re-disclose information in a manner which is not consistent with the provision of this Part are subject to disciplinary action in accordance with appropriate collective bargaining agreements and applicable law and regulation.

(c) Confidentiality of facility address.

(1) Each program must maintain a business mailing address separate and distinct from the actual address where residents are sheltered. When releasing the address of any resident, programs must release only the business address of the program and not the actual address where the resident is being sheltered. For the purposes of applying for and receiving public assistance, medical assistance and/or community services, residents may use the business mailing address of the program; however, they may not use the actual street address of the shelter.

(2) All information related to the general location or specific street address of a structure anticipated to house or housing a residential program for victims of domestic violence contained in any application or other document submitted to a state or local agency or any instrumentality thereof shall be kept confidential and not subject to release or disclosure in whole or in part. A state or local agency or any instrumentality thereof shall deny any request for such information made pursuant to Article 6 of the Public Officers Law in accordance with Section 87(2)(f) of such law.

(3) A state or local agency or any instrumentality thereof and its employees may disclose the general location or specific street address of a structure anticipated to house or housing a residential program for victims of domestic violence only where authorized by a Court of competent jurisdiction or otherwise expressly permitted by statute or regulation.

(d) Local district access to residents.

(1) A local social services district will have access to a resident of a residential program for victims of domestic violence at the facility or safe home only under the following circumstances:

(i) where authorized by an order of a court of competent jurisdiction;

(ii) notwithstanding the requirements of this Title, for purposes of investigating a report of suspected child abuse or maltreatment in which the subject of a report is a resident of a residential program for victims of domestic violence or a safe home provider. Nothing in this subparagraph prevents a local child protective service from interviewing residents of a residential program for victims of domestic violence at a location other than the facility or safe home; and

(iii) where authorized by the policies of a residential program for victims of domestic violence and with the consent of the resident.

(2) A local social services district may have access to the residents of a residential program for victims of domestic violence, where the program policies do not permit access on site, at a location other than the confidential location of the actual facility site or safe home when such access is necessary in order for the local social services district to determine a resident's length of stay at a residential program for victims of domestic violence, to assess the service and safety needs of the resident and/or to assist a resident in finding appropriate alternative housing.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 452.10

Amended New York State Register October 2, 2019/Volume XLI, Issue 40, eff. 10/2/2019

Adopted New York State Register April 1, 2020/Volume XLII, Issue 13, eff.4/1/2020