N.Y. Comp. Codes R. & Regs. Tit. 10 § 81.9 - Confidentiality
(a) Except as
hereinafter provided, any report, record of the investigation of such report
and all other information related to such report shall be confidential and
shall be exempt from disclosure under article 6 of the Public Officers
Law.
(b) Information relating to a
report made pursuant to this Part shall be disclosed under any of the following
conditions:
(1) pursuant to article 6 of the
Public Officers Law, after expungement or amendment, if any, is made in
accordance with a hearing conducted pursuant to this Part, or at least 45 days
after a written determination is made by the commissioner concerning such
report, whichever is later, provided, however, that the identity of the person
who made the report, the victim, or any other person named, except a person who
the commissioner has determined committed an act of physical abuse, neglect or
mistreatment, shall not be disclosed unless such person authorizes such
disclosure;
(2) as may be required
by the Penal Law or any lawful order or warrant issued pursuant to the Criminal
Procedure Law; or
(3) to a person
who has requested a hearing pursuant to this Part, information relating to the
determination upon which the hearing is to be conducted; provided, however,
that the identity of the person who made the report or any other person who
provided information in an investigation of the report shall not be disclosed
unless such person authorizes such disclosure.
Notes
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