New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 168 - State Schools And Centers › Section 168.7 - Confidentiality of Office of Children and Family Services records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records, files,
				or information identifying youth who are or have been under the care or
				supervision of the Office of Children and Family Services (OCFS) may not be
				disclosed in whole or part to any person, agency or institution, other than
				OCFS and New York State family courts, with the following exceptions:
(1) Records or pertinent parts thereof must
				be disclosed pursuant to Supreme Court order as authorized by Social Services
				Law section 372.
(2) Educational
				records may be disclosed in accordance with the provisions of and any
				regulations promulgated pursuant to the Family Educational Rights and Privacy
				Act and the New York State Education Law.
(3) Medical records, including mental health
				records, may be disclosed consistent with the provisions of and any regulations
				promulgated pursuant to the Health Insurance Portability and Accountability Act
				and the New York State Public Health Law.
(4) Records, or summaries of records, may be
				disclosed to a probation department on written request for use in accord with
				Family Court Act sections 166, 351.1, and 783, or Criminal Procedure Law
				sections 390.20 and 720.20.
(5)
				Nothing in this section shall be deemed to prevent access by a youth's parent
				or legal guardian to records of such youth where access is otherwise
				specifically authorized by law.
(6)
				Information concerning a youth's date of admission, release, revocation of
				release, and discharge only may be disclosed to a New York social services
				district or State or Federal agency on written request, when such information
				is necessary to enable said district or agency to determine that the youth is
				under its jurisdiction, thereby enabling it to provide for a youth's welfare
				and the necessities of life.
(7)
				Records pertaining to the vital statistics of youth may be disclosed to law
				enforcement authorities when a youth is absent from an OCFS placement without
				proper authorization or has violated a condition of release.
(8) Records may be made available to
				authorized child welfare agencies, within and without the State, which have
				actual custody of a youth previously or currently in OCFS custody and request
				specific information in writing for the purpose of developing a program or
				providing services to the youth. When the request is made by an out-of-state
				child welfare agency, OCFS shall request written confirmation, from the
				juvenile compact administrator for the state in which the requesting agency is
				located, that the agency is authorized to provide services or programs to youth
				within that state and is in good standing. No record shall be made available
				until such confirmation is received by OCFS in writing.
(9) OCFS records shall be made available to
				the Office of the Attorney General in furtherance of the duties of that
				office.
(10) Records pertaining to
				youth referred to OCFS as a condition of probation shall be made available to
				the referring court or the relevant probation department upon written request
				made during the period of referral.
(11) Requests for information from law
				enforcement authorities.
(i) For purposes of
				this paragraph, law enforcement authorities shall mean representatives of
				federal, New York State, or local law enforcement agencies conducting a
				criminal investigation and United State attorneys, district attorneys, or
				presentment agencies conducting a criminal investigation or
				prosecution.
(ii) Upon a written
				request stating that such information is necessary to conduct a criminal
				investigation or prosecution of an act committed by a youth in OCFS custody,
				law enforcement authorities shall be provided with information regarding the
				dates and location(s) of the youth's placement with OCFS. OCFS shall also
				provide the requesting agency with the relevant incident reports, other
				appropriate documents, and video determined by OCFS to contain potential
				evidence of the act.
(iii) If law
				enforcement authorities are called to an OCFS location in connection with a
				report made to such authority of a crime committed by a youth at the location,
				OCFS may provide such law enforcement authorities, upon request, with
				information regarding the dates and loca-tion(s) of the youth's placement with
				OCFS. If readily available at the time requested, law enforcement may be
				provided with relevant incident reports, other appropriate documents, and video
				determined by OCFS to contain potential evidence of the alleged criminal
				act.
(iv) If law enforcement
				authorities arrive at an OCFS location seeking information concerning the
				location of a youth currently or previously in OCFS custody in furtherance of a
				criminal investigation, OCFS may provide information regarding the dates and
				location(s) of the youth's placement with OCFS, and the last known community
				location of a youth in a day placement program or conditionally
				released.
(v) Prior to providing
				any information pursuant to subparagraphs (iii) or (iv) of this paragraph, the
				OCFS administrator on duty or ranking office staff person shall:
(a) visually inspect the badge/photo
				identification of the law enforcement authority representative(s);
				and
(b) on an OCFS form, document
				each representative's full name, law enforcement agency, badge/identification
				number, work address and phone number.
(vi) Prior to providing any information
				pursuant to this paragraph, the OCFS administrator on duty or ranking office
				staff person shall contact:
(a) the Division
				of Legal Affairs or, if after hours, the administrator on call who will make
				contact with the Division of Legal Affairs; and
(b) the Office of the Ombudsman to give
				notice of the request.
(vi) Only the information and materials
				described in this paragraph that are specifically requested by law enforcement
				authorities may be provided. All information and materials provided to law
				enforcement must be appropriately redacted by OCFS to prevent disclosure of
				information prohibited by statute or regulation from being disclosed, as well
				as the confidentiality of youth not involved in the alleged criminal act. The
				administrator on duty or ranking office staff member must identify each item
				provided to law enforcement authorities on an OCFS form. Only copies of records
				shall be provided, unless there is a court order to provide the original(s). If
				original materials are provided pursuant to a court order, this will be noted
				on the OCFS form and a copy will be retained by OCFS.
(12) Records relevant to the provision of
				services to a youth in OCFS custody by a non-employee of OCFS may be released
				with the written consent of the youth's parent or guardian or, if the youth is
				over the age of 18 at the time of the request, the youth's consent.