2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 6 - Child Protective Services › 422-A - Child Abuse and Neglect Investigations; Disclosure.

§  422-a.  Child  abuse  and  neglect  investigations;  disclosure. 1.
Notwithstanding any inconsistent provision of law to the  contrary,  the
commissioner  or  a  city  or  county  social  services commissioner may
disclose information regarding the abuse or maltreatment of a  child  as
set  forth  in  this  section,  and  the  investigation  thereof and any
services related thereto if he or she determines  that  such  disclosure
shall  not  be  contrary to the best interests of the child, the child's
siblings or other children in the household and any one of the following
factors are present:
(a) the subject of the  report  has  been  charged  in  an  accusatory
instrument with committing a crime related to a report maintained in the
statewide central register; or
(b) the investigation of the abuse or maltreatment of the child by the
local  child  protective  service  or  the provision of services by such
service has been publicly disclosed in a report required to be disclosed
in the course of their official duties, by a law enforcement  agency  or
official,  a  district  attorney, any other state or local investigative
agency or official or by judge of the unified court system; or
(c) there has been a prior knowing, voluntary, public disclosure by an
individual concerning a report of child abuse or maltreatment  in  which
such  individual  is  named  as  the subject of the report as defined by
subdivision four of section four hundred twelve of this title; or
(d) the child named in the report has died or the report involves  the
near  fatality  of  a  child.  For  the  purposes of this section, "near
fatality" means an act that  results  in  the  child  being  placed,  as
certified by a physician, in serious or critical condition.
2.  For the purposes of this section, the following information may be
disclosed:
(a) the name of the abused or maltreated child;
(b) the determination by the local child  protective  service  or  the
state  agency  which  investigated  the  report  and the findings of the
applicable investigating agency upon which such determination was based;
(c) identification of child protective or other services  provided  or
actions,  if  any, taken regarding the child named in the report and his
or her family as a result of any such report or reports;
(d) whether any report of abuse or maltreatment regarding  such  child
has been "indicated" as maintained by the statewide central register;
(e)  any  actions  taken by the local child protective service and the
local social services district  in  response  to  reports  of  abuse  or
maltreatment  of  the  child to the statewide central register including
but not limited to actions taken after each and every report of abuse or
maltreatment of such child and the dates of such reports;
(f) whether the child or the  child's  family  has  received  care  or
services from the local social services district prior to each and every
report of abuse or maltreatment of such child;
(g)   any   extraordinary  or  pertinent  information  concerning  the
circumstances of  the  abuse  or  maltreatment  of  the  child  and  the
investigation  thereof, where the commissioner or the local commissioner
determines such disclosure is consistent with the public interest.
3. Information may be disclosed pursuant to this section as follows:
(a) information released prior to the completion of the  investigation
of  a  report  shall  be  limited to a statement that a report is "under
investigation";
(b) when there has been a prior disclosure pursuant to  paragraph  (a)
of  this subdivision, information released in a case in which the report
has  been  unfounded  shall  be  limited  to  the  statement  that  "the
investigation has been completed, and the report has been unfounded";
(c)  if  the  report  has  been  "indicated"  then  information may be
released pursuant to subdivision two of this section.
4.  Any  disclosure  of  information pursuant to this section shall be
consistent with the provisions of subdivision two of this section.  Such
disclosure  shall  not identify or provide an identifying description of
the source of the report, and shall not identify the name of the  abused
or  maltreated  child's  siblings,  the  parent  or other person legally
responsible for the child or any other members of the child's household,
other than the subject of the report.
5. In determining pursuant to subdivision one of this section  whether
disclosure  will  be  contrary  to  the best interests of the child, the
child's siblings or other children in the household, the commissioner or
a city  or  county  social  services  commissioner  shall  consider  the
interest  in privacy of the child and the child's family and the effects
which disclosure may have on efforts to reunite and provide services  to
the family.
6.  Whenever  a  disclosure  of  information  is made pursuant to this
section, the city or county social services commissioner  shall  make  a
written  statement  prior  to  disclosing  such information to the chief
county executive officer where the incident occurred setting  forth  the
paragraph  in  subdivision  one  of this section upon which he or she is
basing such disclosure.
7. Except as it  applies  directly  to  the  cause  of  the  abuse  or
maltreatment  of  the  child, nothing in this section shall be deemed to
authorize the release or disclosure of 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.  Prior  to  the  release  or  disclosure  of   any
psychological,  psychiatric  or therapeutic reports, evaluations or like
materials or information pursuant  to  this  subdivision,  the  city  or
county  social services commissioner shall consult with the local mental
hygiene director.