NY Soc Serv L § 473-E (2021)
2021 New York Laws SOS - Social Services Article 9-B - Adult Protective Services Title 3 - Community Guardianship 473-E - Confidentiality of Protective Services for Adults' Records.

§  473-e.  Confidentiality of protective services for adults' records. 1.  Definitions. When used in this section  unless  otherwise  expressly stated  or  unless  the  context  or subject matter requires a different interpretation:  (a) "Subject of a report" means a person  who  is  the  subject  of  a referral or an application for protective services for adults, or who is receiving  or  has received protective services for adults from a social services district.  (b) "Authorized representative of a subject of a report" means  (i)  a person  named  in  writing by a subject to be a subject's representative for purposes of requesting and receiving  records  under  this  article; provided, however, that the subject has contract capacity at the time of the  writing  or had executed a durable power of attorney at a time when the subject had such capacity, naming the authorized  representative  as attorney-in-fact,  and  such document has not been revoked in accordance with applicable law; (ii) a person appointed by a  court,  or  otherwise authorized  in  accordance with law to represent or act in the interests of the subject; or (iii) legal counsel for the subject.   2. Reports made pursuant  to  this  article,  as  well  as  any  other information  obtained,  including  but  not  limited  to,  the  names of referral sources, written reports or photographs taken  concerning  such reports  in  the  possession  of  the  department  or  a social services district, shall be confidential and, except  to  persons,  officers  and agencies  enumerated  in paragraphs (a) through (g) of this subdivision, shall only be released with the written permission of the person who  is the  subject  of the report, or the subject's authorized representative, except to the extent that there is a basis for  non-disclosure  of  such information  pursuant to subdivision three of this section. Such reports and information may be made available to:  (a) any person who is the subject  of  the  report  or  such  person's authorized representative;  (b)  a provider of services to a current or former protective services for adults client, where a social  services  official,  or  his  or  her designee  determined that such information is necessary to determine the need for or to provide or to arrange for the provision of such services;  (c) a court, upon a finding that the  information  in  the  record  is necessary  for  the  use by a party in a criminal or civil action or the determination of an issue before the court;  (d) a grand jury, upon a finding that the information in the record is necessary for the determination of charges before the grand jury;  (e)  a  district  attorney,  an   assistant   district   attorney   or investigator  employed in the office of a district attorney, a member of the division of state police, or a police officer employed  by  a  city, county,  town  or  village police department or by a county sheriff when such official requests such information stating that such information is necessary to conduct a criminal investigation or criminal prosecution of a person, that there is reasonable cause to believe  that  the  criminal investigation  or  criminal  prosecution involves or otherwise affects a person who is the subject of a report, and  that  it  is  reasonable  to believe  that  due  to  the  nature  of the crime under investigation or prosecution, such records may be related to the  criminal  investigation or prosecution;  (f)  a  person  named  as  a  court-appointed evaluator or guardian in accordance with article eighty-one of  the  mental  hygiene  law,  or  a person  named as a guardian for the mentally retarded in accordance with article seventeen-A of the surrogate's court procedure act; or  (g) any person considered entitled to such record in  accordance  with applicable law.    3.  The  commissioner  or  a social services official may withhold, in whole or in part, the release of any  information  in  their  possession which  he  or  she  is  otherwise  authorized  to  release  pursuant  to subdivision two of this section, if such official finds that release  of such  information  would  identify  a  person  who  made  a  referral or submitted an application on behalf of a person for  protective  services for  adults,  or  who  cooperated  in  a  subsequent  investigation  and assessment conducted by  a  social  services  district  to  determine  a person's  need  for such services and the official reasonably finds that the release of such information will be detrimental  to  the  safety  or interests of such person.   4.  Before  releasing  a  record  made pursuant to this article in the possession  of  the  department  or  a  social  services  district,  the appropriate  official  must be satisfied that the confidential character of the information will be maintained in accordance with applicable law, and that the record will be used only for the purposes for which it  was made available.   5.  In  addition  to  the requirements of this section, any release of confidential HIV related information, as defined in section twenty-seven hundred  eighty  of  the  public  health  law,  shall  comply  with  the requirements of article twenty-seven-F of the public health law.   6.  When  a  record  made  under  this article is subpoenaed or sought pursuant to notice to permit discovery, a social services  official  may move  to  withdraw,  quash, fix conditions or modify the subpoena, or to move for a protective order, as may be appropriate, in  accordance  with the  applicable  provisions  of  the criminal procedure law or the civil practice law and rules, to (a) delete the identity of  any  persons  who made  a referral or submitted an application for protective services for adults on behalf of an individual or  who  cooperated  in  a  subsequent investigation   and  assessment  of  the  individual's  needs  for  such services, or the agency, institution,  organization,  program  or  other entity  when  such  persons are employed, or with which such persons are associated, (b) withhold records the disclosure of which is likely to be detrimental to the safety or interests of such persons, or (c) otherwise to object to release of all or a portion of the record on the basis that requested release of records is for a purpose not authorized  under  the law.