§ 473-e. Confidentiality of protective services for adults' records.\n1. Definitions. When used in this section unless otherwise expressly\nstated or unless the context or subject matter requires a different\ninterpretation:\n (a) "Subject of a report" means a person who is the subject of a\nreferral or an application for protective services for adults, or who is\nreceiving or has received protective services for adults from a social\nservices district.\n (b) "Authorized representative of a subject of a report" means (i) a\nperson named in writing by a subject to be a subject's representative\nfor purposes of requesting and receiving records under this article;\nprovided, however, that the subject has contract capacity at the time of\nthe writing or had executed a durable power of att
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§ 473-e. Confidentiality of protective services for adults' records.\n1. Definitions. When used in this section unless otherwise expressly\nstated or unless the context or subject matter requires a different\ninterpretation:\n (a) "Subject of a report" means a person who is the subject of a\nreferral or an application for protective services for adults, or who is\nreceiving or has received protective services for adults from a social\nservices district.\n (b) "Authorized representative of a subject of a report" means (i) a\nperson named in writing by a subject to be a subject's representative\nfor purposes of requesting and receiving records under this article;\nprovided, however, that the subject has contract capacity at the time of\nthe writing or had executed a durable power of attorney at a time when\nthe subject had such capacity, naming the authorized representative as\nattorney-in-fact, and such document has not been revoked in accordance\nwith applicable law; (ii) a person appointed by a court, or otherwise\nauthorized in accordance with law to represent or act in the interests\nof the subject; or (iii) legal counsel for the subject.\n 2. Reports made pursuant to this article, as well as any other\ninformation obtained, including but not limited to, the names of\nreferral sources, written reports or photographs taken concerning such\nreports in the possession of the department or a social services\ndistrict, shall be confidential and, except to persons, officers and\nagencies enumerated in paragraphs (a) through (g) of this subdivision,\nshall only be released with the written permission of the person who is\nthe subject of the report, or the subject's authorized representative,\nexcept to the extent that there is a basis for non-disclosure of such\ninformation pursuant to subdivision three of this section. Such reports\nand information may be made available to:\n (a) any person who is the subject of the report or such person's\nauthorized representative;\n (b) a provider of services to a current or former protective services\nfor adults client, where a social services official, or his or her\ndesignee determined that such information is necessary to determine the\nneed for or to provide or to arrange for the provision of such services;\n (c) a court, upon a finding that the information in the record is\nnecessary for the use by a party in a criminal or civil action or the\ndetermination of an issue before the court;\n (d) a grand jury, upon a finding that the information in the record is\nnecessary for the determination of charges before the grand jury;\n (e) a district attorney, an assistant district attorney or\ninvestigator employed in the office of a district attorney, a member of\nthe division of state police, or a police officer employed by a city,\ncounty, town or village police department or by a county sheriff when\nsuch official requests such information stating that such information is\nnecessary to conduct a criminal investigation or criminal prosecution of\na person, that there is reasonable cause to believe that the criminal\ninvestigation or criminal prosecution involves or otherwise affects a\nperson who is the subject of a report, and that it is reasonable to\nbelieve that due to the nature of the crime under investigation or\nprosecution, such records may be related to the criminal investigation\nor prosecution;\n (f) a person named as a court-appointed evaluator or guardian in\naccordance with article eighty-one of the mental hygiene law, or a\nperson named as a guardian for individuals with developmental\ndisabilities in accordance with article seventeen-A of the surrogate's\ncourt procedure act; or\n (g) any person considered entitled to such record in accordance with\napplicable law.\n 3. The commissioner or a social services official may withhold, in\nwhole or in part, the release of any information in their possession\nwhich he or she is otherwise authorized to release pursuant to\nsubdivision two of this section, if such official finds that release of\nsuch information would identify a person who made a referral or\nsubmitted an application on behalf of a person for protective services\nfor adults, or who cooperated in a subsequent investigation and\nassessment conducted by a social services district to determine a\nperson's need for such services and the official reasonably finds that\nthe release of such information will be detrimental to the safety or\ninterests of such person.\n 4. Before releasing a record made pursuant to this article in the\npossession of the department or a social services district, the\nappropriate official must be satisfied that the confidential character\nof the information will be maintained in accordance with applicable law,\nand that the record will be used only for the purposes for which it was\nmade available.\n 5. In addition to the requirements of this section, any release of\nconfidential HIV related information, as defined in section twenty-seven\nhundred eighty of the public health law, shall comply with the\nrequirements of article twenty-seven-F of the public health law.\n 6. When a record made under this article is subpoenaed or sought\npursuant to notice to permit discovery, a social services official may\nmove to withdraw, quash, fix conditions or modify the subpoena, or to\nmove for a protective order, as may be appropriate, in accordance with\nthe applicable provisions of the criminal procedure law or the civil\npractice law and rules, to (a) delete the identity of any persons who\nmade a referral or submitted an application for protective services for\nadults on behalf of an individual or who cooperated in a subsequent\ninvestigation and assessment of the individual's needs for such\nservices, or the agency, institution, organization, program or other\nentity when such persons are employed, or with which such persons are\nassociated, (b) withhold records the disclosure of which is likely to be\ndetrimental to the safety or interests of such persons, or (c) otherwise\nto object to release of all or a portion of the record on the basis that\nrequested release of records is for a purpose not authorized under the\nlaw.\n