§ 409-F — Uniform case recording

§ 409-f. Uniform case recording. 1. With respect to each child\ndescribed in subdivision one of section four hundred nine-e of this\ntitle, the social services district shall establish and maintain a\nuniform case record, consisting of the assessment, the family service\nplan, descriptions of care, maintenance or services provided to such\nchild and family and the dates provided, essential data relating to the\nidentification and history of such child and family, all official\ndocuments and records of any judicial or administrative proceedings\nrelating to the district's contact with the child and family, and such\nother records as the department may by regulation require to adequately\nreview case management by the districts. The department shall by\nregulation specify the format and contents of the uniform case record.\nSuch regulation shall be developed in consultation with public and\nvoluntary authorized agencies, citizens' groups and concerned\nindividuals and organizations, including the state council on children\nand families. The uniform case record shall be maintained by the\ndistrict in a manner consistent with the confidential nature of such\nrecords and shall be made available in accordance with applicable\nprovisions of law. When a hearing has been requested in accordance with\nsection twenty-two of this chapter, a copy of the portions of the record\nrelevant to the hearing shall also be made available to the child's\nparent or guardian, counsel for the parent or guardian, and, if\nparticipating in the hearing, the child's attorney.\n 2. Notwithstanding any other provision of law, uniform case record\ninformation governed by this section may be released by the department,\nsocial services district or other provider of child welfare services to\na person, agency or organization for purposes of a bona fide research\nproject. Identifying information shall not be made available, however,\nunless it is absolutely essential to the research purpose and the\ndepartment gives prior approval. Information released pursuant to this\nsubdivision shall not be re-disclosed except as otherwise permitted by\nlaw and upon the approval of the department.\n 3. (a) Notwithstanding any inconsistent provision of law to the\ncontrary, records relating to children pursuant to this section shall be\nmade available to officers and employees of the state comptroller or of\nthe city comptroller of the city of New York, or of the county officer\ndesignated bylaw or charter to perform the auditing function in any\ncounty not wholly contained within a city, for purposes of a duly\nauthorized performance audit; provided, however, that such comptroller\nor officer shall have certified to the keeper of such records that he or\nshe has instituted procedures developed in consultation with the\ndepartment to limit access to client-identifiable information to persons\nrequiring such information for purposes of the audit, that such persons\nshall not use such information in any way except for purposes of the\naudit and that appropriate controls and prohibitions are imposed on the\ndissemination of client-identifiable information obtained in the conduct\nof the audit. Information pertaining to the substance or content of any\npsychological, psychiatric, therapeutic, clinical or medical reports,\nevaluations or like materials or information pertaining to such child or\nthe child's family shall not be made available to such officers and\nemployees unless disclosure of such information is absolutely essential\nto the specific audit activity and the department gives prior written\napproval.\n (b) Any failure to maintain the confidentiality of client-identifiable\ninformation shall subject such comptroller or officer to denial of any\nfurther access to records until such time as the audit agency has\nreviewed its procedures concerning controls and prohibitions imposed on\nthe dissemination of such information and has taken all reasonable and\nappropriate steps to eliminate such lapses in maintaining\nconfidentiality to the satisfaction of the department. The department\nshall establish the grounds for denial of access to records contained\nunder this section and shall recommend as necessary a plan of\nremediation to the audit agency. Except as provided in this section,\nnothing in this subdivision shall be construed as limiting the powers of\nsuch comptroller or officer to access records which he is otherwise\nauthorized to audit or obtain under any other applicable provision of\nlaw. Any person given access to information pursuant to this subdivision\nwho releases data or information to persons or agencies not authorized\nto receive such information shall be guilty of a class A misdemeanor.\n