NY Soc Serv L § 409-F (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 4-A - Child Welfare Services Planning and Administration 409-F - Uniform Case Recording.

§  409-f.  Uniform  case  recording.    1.  With respect to each child described in subdivision one of section  four  hundred  nine-e  of  this title,  the  social  services  district  shall  establish and maintain a uniform case record, consisting of the assessment,  the  family  service plan,  descriptions  of  care,  maintenance or services provided to such child and family and the dates provided, essential data relating to  the identification  and  history  of  such  child  and  family, all official documents and records of  any  judicial  or  administrative  proceedings relating  to  the district's contact with the child and family, and such other records as the department may by regulation require to  adequately review  case  management  by  the  districts.  The  department  shall by regulation specify the format and contents of the uniform  case  record. Such  regulation  shall  be  developed  in  consultation with public and voluntary  authorized   agencies,   citizens'   groups   and   concerned individuals  and  organizations, including the state council on children and families. The  uniform  case  record  shall  be  maintained  by  the district  in  a  manner  consistent with the confidential nature of such records and shall  be  made  available  in  accordance  with  applicable provisions  of law. When a hearing has been requested in accordance with section twenty-two of this chapter, a copy of the portions of the record relevant to the hearing shall also be  made  available  to  the  child's parent  or  guardian,  counsel  for  the  parent  or  guardian,  and, if participating in the hearing, the child's attorney.   2. Notwithstanding any other provision of  law,  uniform  case  record information  governed by this section may be released by the department, social services district or other provider of child welfare services  to a  person,  agency  or organization for purposes of a bona fide research project. Identifying information shall not be made  available,  however, unless  it  is  absolutely  essential  to  the  research purpose and the department gives prior approval. Information released pursuant  to  this subdivision  shall  not be re-disclosed except as otherwise permitted by law and upon the approval of the department.   3. (a) Notwithstanding  any  inconsistent  provision  of  law  to  the contrary, records relating to children pursuant to this section shall be made  available to officers and employees of the state comptroller or of the city comptroller of the city of New York, or of the  county  officer designated  bylaw  or  charter  to  perform the auditing function in any county not wholly contained within  a  city,  for  purposes  of  a  duly authorized  performance  audit; provided, however, that such comptroller or officer shall have certified to the keeper of such records that he or she  has  instituted  procedures  developed  in  consultation  with  the department to limit access to client-identifiable information to persons requiring  such information for purposes of the audit, that such persons shall not use such information in any way except  for  purposes  of  the audit  and that appropriate controls and prohibitions are imposed on the dissemination of client-identifiable information obtained in the conduct of the audit. Information pertaining to 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 shall not be made  available  to  such  officers  and employees  unless disclosure of such information is absolutely essential to the specific audit activity and the department  gives  prior  written approval.  (b) Any failure to maintain the confidentiality of client-identifiable information  shall  subject such comptroller or officer to denial of any further access to records until  such  time  as  the  audit  agency  has reviewed  its procedures concerning controls and prohibitions imposed on the dissemination of such information and has taken all  reasonable  and  appropriate    steps   to   eliminate   such   lapses   in   maintaining confidentiality to the satisfaction of the  department.  The  department shall  establish  the  grounds for denial of access to records contained under   this  section  and  shall  recommend  as  necessary  a  plan  of remediation to the audit agency. Except as  provided  in  this  section, nothing in this subdivision shall be construed as limiting the powers of such  comptroller  or  officer  to  access records which he is otherwise authorized to audit or obtain under any other  applicable  provision  of law. Any person given access to information pursuant to this subdivision who  releases  data or information to persons or agencies not authorized to receive such information shall be guilty of a class A misdemeanor.