N.Y. Comp. Codes R. & Regs. tit. 18 § 462.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 462.9 - Confidentiality

Each nonresidential program for victims of domestic violence operated directly by a social services district or by a not-for-profit organization pursuant to a purchase of services contract with a social services district must comply with the following confidentiality requirements.

(a) Access to information. All records, books, reports and papers established and maintained pursuant to this Part relating to the operation of the program and to the persons who receive services from the program are confidential except that the following persons and entities have access to such information under the following circumstances:

(1) (1) the Office and any social services district contracting with the program for the provision of non-residential services for victims of domestic violence will have access, on-site at the program's Office, to the following information:

(i) all books, records, reports and papers relating to the operation of the program;

(ii) the specific information regarding the persons receiving services from the program which must be maintained in individual case records in accordance with section 462.7(a) of this Part; and

(iii) access to personally identifying information is only permitted upon the informed, written, reasonably time-limited consent from the person receiving services;

(2) any person or entity pursuant to an order of a court of competent jurisdiction;

(3) a person receiving services from the program will have access to all information maintained in that person's individual case record in accordance with section 462.7(a) of this Part; provided, however, that a perpetrator or an alleged perpetrator or domestic violence may have access only to the information in the individual case record which pertains to the services provided to the perpetrator or alleged perpetrator;

(4) an employee or official of a Federal, State or local agency will have access, for the purposes of conducting a fiscal audit, to records relating to the financial and program operations of such a nonresidential program for victims of domestic violence other than to the individual case records which must be maintained in accordance with section 462.7(a) of this Part; and

(5) 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 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 nonresidential program for victims of domestic violence pursuant to subdivision (a) of this section or relating to persons receiving services from such a program must not disclose or make public such information except:

(i) an agency or person may disclose such information pursuant to an order of a court of competent jurisdiction;

(ii) an agency or person may disclose such information 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 nonresidential program for victims of domestic violence;

(iii) an agency or person may disclose such information when otherwise authorized by statute;

(iv) an agency or person may disclose information pertaining to a person receiving services from such a program pursuant to an informed, written, reasonably time-limited consent from the person to whom the information pertains;

(v) a federal, State or local agency which has conducted a fiscal audit of such a program may disclose a final report regarding the findings of the audit to the public; provided, however, that in no case may information which would identify any person receiving services from the program or the location of the places where residential services for victims of domestic violence are provided be disclosed; or

(vi) a person engaged in a bona fide research purpose may disclose the findings of such research to the public; provided, however, that in no case may personally identifying information of any victim of domestic violence or the location of the places where residential services for victims of domestic violence are provided be disclosed.

(2) An employee of the New York State Office of Children and Family Services or of a local social services district given access to information pursuant to this section who re-discloses such information in a manner which is not consistent with the provision of this Part may be subject to disciplinary action in accordance with applicable collective bargaining agreements and laws and regulations.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 462.9

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