Subject to limitations and procedures set by
statute and case law, the following shall be permitted access to the pleadings,
legal papers formally filed in a proceeding, findings, decisions and orders
and, subject to the provisions of CPLR 8002, transcribed minutes of any hearing
held in the proceeding:
(a) the petitioner, presentment agency
and adult respondent in the Family Court proceeding and their
attorneys;
(b) when a
child is either a party to, or the child's custody may be affected by, the
proceeding:
(1) the parents or
persons legally responsible for the care of that child and their
attorneys;
(2) the
guardian, guardian ad litem and attorney for that child;
(3) an authorized representative
of the child protective agency involved in the proceeding or the probation
service;
(4) an agency
to which custody has been granted by an order of the Family Court and its
attorney;
(5) an
authorized employee or volunteer of a court appointed special advocate program
appointed by the Family Court to assist in the child's case in accordance with
Part 44 of this Title; and
(c) a representative of the State
Commission on Judicial Conduct, upon application to the appropriate Deputy
Chief Administrator, or his or her designee, containing an affirmation that the
commission is inquiring into a complaint under article 2-A of the Judiciary
Law, and that the inquiry is subject to the confidentiality provisions of said
article;
(d) in
proceedings under articles 4, 5, 6 and 8 of the Family Court Act in which
temporary or final orders of protection have been issued:
(1) where a related criminal action may,
but has not yet been commenced, a prosecutor upon affirmation that such records
are necessary to conduct an investigation of prosecution; and
(2) where a related criminal
action has been commenced, a prosecutor or defense attorney in accordance with
procedures set forth in the Criminal Procedure Law provided, however, that
prosecutors may request transcripts of Family Court proceedings in accordance
with section 815 of the Family Court Act, and provided further that any records
or information disclosed pursuant to this subdivision must be retained as
confidential and may not be redisclosed except as necessary for such
investigation or use in the criminal action; and
(e) another court when necessary
for a pending proceeding involving one or more parties or children who are or
were the parties in, or subjects of, a proceeding in the Family Court pursuant
to article 4, 5, 6, 8 or 10 of the Family Court Act. Only certified copies of
pleadings and orders in, as well as information regarding the status of, such
Family Court proceeding may be transmitted without court order pursuant to this
section. Any information or records disclosed pursuant to this subdivision may
not be redisclosed except as necessary to the pending proceeding.
Where the Family Court has authorized that the
address of a party or child be kept confidential in accordance with Family
Court Act, section 154-b(2), any record or document disclosed pursuant to this
section shall have such address redacted or otherwise
safeguarded.