501-c. Confidentiality. 1.(a) Records or files of youths kept by the division for youth shall be deemed confidential and shall be safeguarded from coming to the knowledge of and from inspection or examination by any person other than one authorized to receive such knowledge or to make such inspection or examination: (i) by the division pursuant to its regulations; (ii) or by a judge of the court of claims when such records are required for the trial of a claim or other proceeding in such court; or (iii) by a federal court judge or magistrate, a justice of the supreme court, a judge of the county court or family court, or a grand jury when such records are required for a trial or proceeding in such court or grand jury. No person shall divulge the information thus obtained without authorization to do so by the division, or by such justice, judge or grand jury.
(b) The division shall not release information which would reasonably identify such youth as ever being in the custody of the division, except as provided in paragraph (a) of this subdivision.
(c) Nothing in this subdivision shall limit a person's or agency's responsibility or authority to report suspected child abuse or maltreatment pursuant to title six of article six of the social services law.
(d) Nothing in this subdivision shall be deemed to prevent access by a parent or legal guardian of a youth to records or files of such youth where access is otherwise specifically authorized by law.
2. Notwithstanding any other provision of this section, the official case records produced and maintained by the division shall be made available to a probation department, upon written request, where an order of the court has been issued directing such department to conduct an investigation pursuant to the provisions of sections 390.20 and 720.20 of the criminal procedure law and section 351.1 of the family court act. Any written requests for records shall be accompanied by a copy of the court order and shall request only a copy of the youth's official case record. The division shall be granted a minimum of ten days to produce such records. The division shall be required to forward only records less than three years old in its possession, or copies thereof, relating to a youth less than twenty-one years of age at the time of the request. The division may impose a fee upon a probation department for its costs in photocopying records provided under this subdivision. A probation department shall retain copies of records received or information obtained therein under the same conditions of confidentiality that apply to the investigation and any report on the investigation which was the basis for obtaining such records.
Last modified: February 3, 2019