New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 4 - Residential Programs for Victimes of Domestic Violence › Part 452 - GENERAL PROVISIONS › Section 452.10 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Access to
			 information. All records, books, reports and papers established and maintained
			 pursuant to this Part and Parts 453, 454 and 455 of this Title relating to the
			 operation of residential programs for victims of domestic violence and to the
			 residents of such programs are confidential. Access to such information will be
			 permitted only as follows:
(1) the Office
			 will have full access to all books, records, reports and papers relating to the
			 operation of residential programs for victims of domestic violence and to the
			 residents of such programs. Access to any client personally identifiable
			 information for purposes of inspection and supervision is only permitted as
			 described in section
			 452.8(c)(1) 
			 of this Part;
(2) any person or
			 entity will have access to information as permitted by an order of a court of
			 competent jurisdiction;
(3) a
			 residential program for victims of domestic violence will have access to
			 information maintained in a resident's case record by another residential
			 program for victims of domestic violence, excluding any information identifying
			 the actual street address where the resident is sheltered, in those situations
			 where a resident continues to be in need of a residential program for victims
			 of domestic violence beyond the current program's length of stay policy and the
			 resident has provided consent for their information to be shared for the
			 purpose of a referral to another available residential program for victims of
			 domestic violence;
(4) a local
			 social services district will have access:
(i) to fiscal records and non-identifiable
			 personal information which is deemed necessary by the Office to establish an
			 approved per diem rate pursuant to section 131-u  of the Social Services Law. This
			 will not include access to information identifying the actual street address
			 where residents are being sheltered or any identifying information on safe home
			 providers;
(ii)
(a) to resident case records, including any
			 resident identifiable information, for purposes of investigating a report of
			 suspected child abuse and maltreatment pursuant to title 6 of article 6 of the
			 Social Services Law;
(b) to
			 resident case records, excluding information identifying the actual street
			 address where residents are being sheltered, only when a resident has
			 voluntarily given written authorization for the release of such information. A
			 local social services district cannot require that a resident sign such
			 authorization as a condition for receiving public assistance or services;
			 and
(c) for the purposes of
			 reimbursing a residential program for victims of domestic violence the approved
			 per diem rate for those victims that choose not to apply for public assistance
			 and care, the following non-identifying personal information:
(1) the date of admission of the resident for
			 whom an approved per diem rate will be paid;
(2) the date of admission of any minor
			 children for whom an approved per diem rate will be paid;
(3) the business address of the residential
			 program for victims of domestic violence;
(4) the date the resident departed from the
			 program;
(5) as applicable, the
			 date of the resident's minor children departed from the program;
(6) information identifying the social
			 services district of fiscal responsibility on the form furnished by the
			 Office;
(d) for the
			 purpose of reimbursing a residential program for victims of domestic violence
			 the approved per diem rate for those victims that choose to apply for public
			 assistance and provide informed written, time-limited consent to their
			 personally identifying information, the following information:
(1) the name of the resident for whom an
			 approved per diem rate will be paid;
(2) the name of any minor children for whom
			 an approved per diem rate will be paid;
(3) the business address of the residential
			 program for victims of domestic violence;
(4) the date the resident, and, as
			 applicable, minor child, entered the program;
(5) the date of the resident's, and, as
			 applicable, minor child's departure; and
(6) other relevant information which
			 identifies a resident's service and safety needs, and which is necessary to
			 ensure the provision of appropriate services to the resident;
(5) a
			 resident as defined in section
			 452.2  of
			 this Part will have access to all information maintained in his/her resident
			 case record maintained in accordance with section
			 452.9(b)(1) 
			 of this Part;
(6) an employee or
			 official of a Federal, State or local agency will have access to records
			 relating to the financial operation of a residential program for victims of
			 domestic violence other than to a resident's case record and to records
			 identifying the actual shelter site for purposes of conducting a fiscal
			 audit.
(7) 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 from the program unless such persons have provided informed,
			 written, time-limited consent to their personally identifying
			 information.