Section 501-C. Confidentiality  


Latest version.
  • 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.