NY Soc Serv L § 372 (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 1 - Care and Protection of Children 372 - Records and Reports.

§  372.  Records  and reports. 1. Every court, and every public board, commission, institution, or officer having powers or charged with duties in relation to abandoned, delinquent, destitute, neglected or  dependent children who shall receive, accept or commit any child shall provide and keep a record showing: (a) the full and true name of the child,  (b)  his  sex  and  date  and place of birth, if ascertainable, or his apparent age,  (c) the full and true names and places of birth of  his  parents,  and their  actual  residence  if living, or their latest known residence, if deceased or whereabouts unknown and the name and actual residence of any other person having custody of the child, as  nearly  as  the  same  can reasonably be ascertained,  (d) the religious faith of the parents and of the child,  (e)  the  name and address of any person, agency, institution or other organization to which the child is committed, placed out,  boarded  out, or otherwise given into care, custody or control,  (f)  the  religious  faith  and occupation of the head or heads of the family with whom the child is  placed  out  or  boarded  out  and  their relationship, if any, to the child,  (g) if any such child shall die, the date and cause of death and place of burial,  (h)  any  further disposition or change in care, custody or control of the child,  (i) the date or dates of reception and of any  subsequent  disposition or change in care, custody or control and, in case of adoption, the name and  title  of  the judge or surrogate making the order of adoption, the date of such order and the date and place of filing of such order,  (j) the reasons for any act  performed  in  reference  to  such  child herein  required  to be recorded, together with such further information as the department may require; and shall make  to  the  department  upon blanks provided by the department reports of each such child placed out, or  boarded  out, containing the information herein required to be kept; and shall furnish such information to any authorized agency to which any such child shall be committed or otherwise given into custody.   2.  Every  charitable,  eleemosynary,  reformatory,  or   correctional institution,  public  or  private,  incorporated  or unincorporated, and every agency, association, corporation, institution,  society  or  other organization  which shall receive, accept, or admit any child whether or not in receipt of payments from public funds for  the  support  of  such child  shall  provide and keep a record as described in subdivision one, and also showing how, by whom and for what reason such child shall  have been given into its custody or committed to it and shall make reports of each such child to the department upon blanks provided by the department giving  all  the  information required by subdivision one to be recorded together with such further information as the  department  may  require. Except as to children placed out, boarded out or surrendered or for whom guardianship  is  accepted or adoption provided, the requirement of this section shall not apply to hospitals, day  nurseries,  eleemosynary  day schools, and summer and vacation homes and camps, or to institutions for the  care of convalescent, anaemic, under-nourished or cardiac children, preventoria, working boys' homes, emergency shelters and schools for the blind and for the deaf, but all such hospitals, homes  and  institutions shall  keep  such records and make to the department such reports as the department may require.   3. Such records maintained by the department or an authorized  agency, including  a local social services district, regarding such children are confidential, provided, however, that such records are  subject  to  the provisions  of  article  thirty-one of the civil practice law and rules.  When either the subject foster child, or such child's  parent,  or  such child's  guardian  if  any,  is not a party to the action, a copy of the notice or motion  for  discovery  shall  be  served  upon  such  parent, guardian,  and  child  and,  if  the child is still a minor, the child's attorney. Such persons may thereafter appear in the action  with  regard to  such  discovery.  Where  no action is pending, upon application by a parent, relative or legal guardian of such child  or  by  an  authorized agency,  after  due  notice  to  the  institution  or  authorized agency affected and hearing had thereon, the supreme court may by order  direct the officers of such institution or authorized agency to furnish to such parent, relative, legal guardian or authorized agency such extracts from the  record  relating  to  such  child as the court may deem proper. The department through its authorized agents and employees  may  examine  at all reasonable times the records required by this section to be kept.   4. (a) All such records relating to such children shall be open to the inspection  of  the board and the department at any reasonable time, and the information called for under this section and such other data as may be required by the department shall be reported to  the  department,  in accordance  with the regulations of the department. Such records kept by the department shall be deemed confidential  and  shall  be  safeguarded from  coming  to  the knowledge of and from inspection or examination by any person other than one authorized, by the department, by a  judge  of the  court  of  claims when such records are required for the trial of a claim or other proceeding in such court or by a justice of  the  supreme court,  or by a judge of the family court when such records are required for the trial of a proceeding in such  court,  after  a  notice  to  all interested  persons  and a hearing, to receive such knowledge or to make such inspection or examination. No person shall divulge the  information thus  obtained  without  authorization so to do by the department, or by such judge or justice.  (b)(i) Notwithstanding  any  inconsistent  provision  of  law  to  the contrary,  records  relating  to  children kept 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 by law or charter to perform the  auditing function  in  any  county  not  wholly  contained within a city, for the purposes of a duly authorized  performance  audit,  provided  that  such comptroller  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.  (ii)    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 paragraph 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  paragraph who  releases  data or information to persons or agencies not authorized to receive such information shall be guilty of a class A misdemeanor.   4-a. Notwithstanding any provisions of law  to  the  contrary,  social services  districts shall provide a written summary of services rendered to a child upon  the  request  of  a  probation  service  conducting  an investigation  pursuant to the provisions of section 351.1 of the family court act. Information provided to a probation service pursuant  to  the provisions  of  this  subdivision  shall  be  maintained by such service according to the provisions of subdivision five of section 351.1 of  the family court act.   4-b.   Notwithstanding   any  other  provision  of  law,  foster  care information governed by this section may be released by  the  department or an authorized agency 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.   5.  The  requirements of this section to keep records and make reports shall not apply to the birth parent or parents, or relatives within  the second degree of such parents.   6.  The  provisions  of  this section as to records and reports to the department shall apply also to the placing out, adoption or boarding out of a child and the acceptance of  guardianship  or  of  surrender  of  a child.   7.  An  authorized  agency  as  defined  in  paragraphs (a) and (b) of subdivision ten of section three hundred seventy-one of this chapter  or any  primary or secondary school or an office of the division for youth, except  agencies  operating  pursuant  to  article  nineteen-H  of   the executive  law,  who  shall  receive, accept, enroll or commit any child under such circumstances as shall reasonably indicate  that  such  child may  be  a missing person shall make inquiries of each such child to the division of criminal justice services in a  manner  prescribed  by  such division; provided that as used in this subdivision a court shall not be included  within  the  definition of an authorized agency. If such child appears to match a child registered with the statewide central  register for   missing   children   as   described   in   section  eight  hundred thirty-seven-e of the executive law, or one registered with the national crime information center register, such agency shall immediately contact the local law enforcement agency.   8. In any case where a child is to be placed with or discharged  to  a relative  or  other  person  legally responsible pursuant to section ten hundred seventeen or ten hundred fifty-five of  the  family  court  act, such relative or other person shall be provided with such information by an  authorized  agency as is provided to foster parents pursuant to this section and applicable regulations of the department.