§ 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.