Section 409-F. Uniform case recording  


Latest version.
  • 1.  With  respect  to each child
      described in subdivision one of section  four  hundred  nine-e  of  this
      title,  the  social  services  district  shall  establish and maintain a
      uniform case record, consisting of the assessment,  the  family  service
      plan,  descriptions  of  care,  maintenance or services provided to such
      child and family and the dates provided, essential data relating to  the
      identification  and  history  of  such  child  and  family, all official
      documents and records of  any  judicial  or  administrative  proceedings
      relating  to  the district's contact with the child and family, and such
      other records as the department may by regulation require to  adequately
      review  case  management  by  the  districts.  The  department  shall by
      regulation specify the format and contents of the uniform  case  record.
      Such  regulation  shall be developed with the participation of the child
      welfare standards advisory council established pursuant to section  four
      hundred  nine-h  of  this  chapter  and  in consultation with public and
      voluntary  authorized   agencies,   citizens'   groups   and   concerned
      individuals  and  organizations, including the state council on children
      and families. The  uniform  case  record  shall  be  maintained  by  the
      district  in  a  manner  consistent with the confidential nature of such
      records and shall  be  made  available  in  accordance  with  applicable
      provisions  of law. When a hearing has been requested in accordance with
      section twenty-two of this chapter, a copy of the portions of the record
      relevant to the hearing shall also be  made  available  to  the  child's
      parent  or  guardian,  counsel  for  the  parent  or  guardian,  and, if
      participating in the hearing, the child's law guardian.
        2. Notwithstanding any other provision of  law,  uniform  case  record
      information  governed by this section may be released by the department,
      social services district or other provider of child welfare services  to
      a  person,  agency  or organization for purposes of a bona fide research
      project. Identifying information shall not be made  available,  however,
      unless  it  is  absolutely  essential  to  the  research purpose and the
      department gives prior approval. Information released pursuant  to  this
      subdivision  shall  not be re-disclosed except as otherwise permitted by
      law and upon the approval of the department.
        3. (a) Notwithstanding  any  inconsistent  provision  of  law  to  the
      contrary, records relating to children pursuant to this section shall be
      made  available to officers and employees of the state comptroller or of
      the city comptroller of the city of New York, or of the  county  officer
      designated  bylaw  or  charter  to  perform the auditing function in any
      county not wholly contained within  a  city,  for  purposes  of  a  duly
      authorized  performance  audit; provided, however, that such comptroller
      or officer shall have certified to the keeper of such records that he or
      she  has  instituted  procedures  developed  in  consultation  with  the
      department to limit access to client-identifiable information to persons
      requiring  such information for purposes of the audit, that such persons
      shall not use such information in any way except  for  purposes  of  the
      audit  and that appropriate controls and prohibitions are imposed on the
      dissemination of client-identifiable information obtained in the conduct
      of the audit. Information pertaining to 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 shall not be made  available  to  such  officers  and
      employees  unless disclosure of such information is absolutely essential
      to the specific audit activity and the department  gives  prior  written
      approval.
        (b) Any failure to maintain the confidentiality of client-identifiable
      information  shall  subject such comptroller or officer to denial of any
      further access to records until  such  time  as  the  audit  agency  has
    
      reviewed  its procedures concerning controls and prohibitions imposed on
      the dissemination of such information and has taken all  reasonable  and
      appropriate    steps   to   eliminate   such   lapses   in   maintaining
      confidentiality  to  the  satisfaction of the department. The department
      shall establish the grounds for denial of access  to  records  contained
      under   this  section  and  shall  recommend  as  necessary  a  plan  of
      remediation to the audit agency. Except as  provided  in  this  section,
      nothing in this subdivision shall be construed as limiting the powers of
      such  comptroller  or  officer  to  access records which he is otherwise
      authorized to audit or obtain under any other  applicable  provision  of
      law. Any person given access to information pursuant to this subdivision
      who  releases  data or information to persons or agencies not authorized
      to receive such information shall be guilty of a class A misdemeanor.