Section 1038. Records and discovery involving abuse and neglect

(a) Each
  hospital and any other public or private agency having  custody  of  any
  records,  photographs  or  other  evidence relating to abuse or neglect,
  upon  the  subpoena  of  the  court,  the  corporation  counsel,  county
  attorney,  district  attorney,  counsel  for  the  child,  or one of the
  parties to the proceeding, shall  be  required  to  send  such  records,
  photographs  or evidence to the court for use in any proceeding relating
  to abuse or  neglect  under  this  article.  Notwithstanding  any  other
  provision  of  law  to  the  contrary, service of any such subpoena on a
  hospital may be made by certified mail, return receipt requested, to the
  director of the hospital.  The court shall establish procedures for  the
  receipt and safeguarding of such records.
    (b) Pursuant to a demand pursuant to section thirty-one hundred twenty
  of  the  civil  practice  law and rules, a petitioner or social services
  official shall provide to a respondent or the law guardian any  records,
  photographs  or  other evidence demanded relevant to the proceeding, for
  inspection and photocopying. The petitioner or social services  official
  may  delete  the  identity  of the persons who filed reports pursuant to
  section four hundred fifteen of the social  services  law,  unless  such
  petitioner  or official intends to offer such reports into evidence at a
  hearing held pursuant to this article. The petitioner or social services
  official  may  move  for  a  protective  order  to   withhold   records,
  photographs  or evidence which will not be offered into evidence and the
  disclosure of which is likely to endanger the  life  or  health  of  the
  child.
    (c)  A  respondent or the law guardian may move for an order directing
  that any child who is the subject of a proceeding under this article  be
  made  available  for  examination by a physician, psychologist or social
  worker selected by such  party  or  law  guardian.  In  determining  the
  motion,  the  court  shall  consider  the  need of the respondent or law
  guardian for such examination to assist in the preparation of  the  case
  and  the  potential  harm  to the child from the examination. Nothing in
  this section shall preclude the parties from agreeing upon a  person  to
  conduct such examination without court order.
    Any  examination or interview, other than a physical examination, of a
  child who is the subject of a proceeding under  this  article,  for  the
  purposes  of  offering  expert testimony to a court regarding the sexual
  abuse of the child, as such term is  defined  by  section  one  thousand
  twelve  of  this  article,  may,  in  the  discretion  of  the court, be
  videotaped in its entirety with access to be provided to the court,  the
  law guardian and all parties. In determining whether such examination or
  interview  should  be videotaped, the court shall consider the effect of
  the videotaping on the reliability of the examination, the effect of the
  videotaping on the child and the needs of the parties, including the law
  guardian, for the videotape.  Prior  to  admitting  a  videotape  of  an
  examination  or  interview  into  evidence,  the  person conducting such
  examination or the person operating the video camera shall submit to the
  court a verified statement confirming that such videotape is a  complete
  and  unaltered videographic record of such examination of the child. The
  proponent of entry of the videotape into evidence  must  establish  that
  the  potential  prejudicial  effect  is  substantially outweighed by the
  probative value of the videotape in assessing  the  reliability  of  the
  validator  in court. Nothing in this section shall in any way affect the
  admissibility of such evidence in any other court proceeding. The  chief
  administrator  of the courts shall promulgate regulations protecting the
  confidentiality and security of such tapes, and  regulating  the  access
  thereto, consistent with the provisions of this section.

    (d)  Unless  otherwise  proscribed by this article, the provisions and
  limitations of article thirty-one of the civil practice  law  and  rules
  shall apply to proceedings under this article. In determining any motion
  for  a  protective order, the court shall consider the need of the party
  for  the  discovery  to  assist  in  the preparation of the case and any
  potential harm to the child from the discovery.  The court shall  set  a
  schedule for discovery to avoid unnecessary delay.