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This entry was published on 2014-09-22
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SECTION 501-C
Confidentiality
Executive (EXC) CHAPTER 18, ARTICLE 19-G, TITLE 1
§ 501-c. Confidentiality. 1.(a) Records or files of youths kept by the
division for youth 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 to receive such knowledge or to
make such inspection or examination: (i) by the division pursuant to its
regulations; (ii) or 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 (iii) by a federal court judge or magistrate, a justice of the
supreme court, a judge of the county court or family court, or a grand
jury when such records are required for a trial or proceeding in such
court or grand jury. No person shall divulge the information thus
obtained without authorization to do so by the division, or by such
justice, judge or grand jury.

(b) The division shall not release information which would reasonably
identify such youth as ever being in the custody of the division, except
as provided in paragraph (a) of this subdivision.

(c) Nothing in this subdivision shall limit a person's or agency's
responsibility or authority to report suspected child abuse or
maltreatment pursuant to title six of article six of the social services
law.

(d) Nothing in this subdivision shall be deemed to prevent access by a
parent or legal guardian of a youth to records or files of such youth
where access is otherwise specifically authorized by law.

2. Notwithstanding any other provision of this section, the official
case records produced and maintained by the division shall be made
available to a probation department, upon written request, where an
order of the court has been issued directing such department to conduct
an investigation pursuant to the provisions of sections 390.20 and
720.20 of the criminal procedure law and section 351.1 of the family
court act. Any written requests for records shall be accompanied by a
copy of the court order and shall request only a copy of the youth's
official case record. The division shall be granted a minimum of ten
days to produce such records. The division shall be required to forward
only records less than three years old in its possession, or copies
thereof, relating to a youth less than twenty-one years of age at the
time of the request. The division may impose a fee upon a probation
department for its costs in photocopying records provided under this
subdivision. A probation department shall retain copies of records
received or information obtained therein under the same conditions of
confidentiality that apply to the investigation and any report on the
investigation which was the basis for obtaining such records.