State Codes and Statutes

Statutes > New-york > Sos > Article-5 > Title-1 > 136

§  136.  Protection  of  public  welfare  records.    1.  The names or  addresses of persons applying for or  receiving  public  assistance  and  care  shall  not  be  included in any published report or printed in any  newspaper or reported at any  public  meeting  except  meetings  of  the  county  board of supervisors, city council, town board or other board or  body authorized and required to appropriate funds for public  assistance  and  care in and for such county, city or town; nor shall such names and  addresses and the amount received by or expended  for  such  persons  be  disclosed   except  to  the  commissioner  of  social  services  or  his  authorized representative, such county, city or town board  or  body  or  its  authorized  representative,  any other body or official required to  have such information properly to discharge its or his  duties,  or,  by  authority of such county, city or town appropriating board or body or of  the social services official of the county, city or town, to a person or  agency  considered entitled to such information. However, if a bona fide  news disseminating firm or organization makes a written request  to  the  social services official or the appropriating board or body of a county,  city or town to allow inspection by an authorized representative of such  firm  or organization of the books and records of the disbursements made  by such county, city or  town  for  public  assistance  and  care,  such  requests shall be granted within five days and such firm or organization  shall  be considered entitled to the information contained in such books  and records, provided such firm or organization shall give assurances in  writing that it will not publicly disclose, or participate or  acquiesce  in  the  public disclosure of, the names and addresses of applicants for  and recipients  of  public  assistance  and  care  except  as  expressly  permitted  by  subdivision  four.    If such firm or organization shall,  after giving  such  assurance,  publicly  disclose,  or  participate  or  acquiesce  in  the  public  disclosure  of,  the  names and addresses of  applicants for or recipients of public assistance  and  care  except  as  expressly  permitted by subdivision four, then such firm or organization  shall be deemed to have violated this section and such  violation  shall  constitute  a  misdemeanor.  As used herein a news disseminating firm or  organization shall mean and include: a newspaper;  a  newspaper  service  association  or  agency;  a  magazine;  a radio or television station or  system; a motion picture news agency.    2. All communications and information relating to a  person  receiving  public  assistance  or  care  obtained  by any social services official,  service officer, or employee in the course of his or her work  shall  be  considered  confidential  and,  except  as  otherwise  provided  in this  section, shall be disclosed only to the  commissioner,  or  his  or  her  authorized  representative,  the  commissioner of labor, or   his or her  authorized representative, the commissioner of health,  or  his  or  her  authorized  representative, the welfare inspector general, or his or her  authorized representative,  the  county    board  of  supervisors,  city  council,  town  board  or other board or body authorized and required to  appropriate funds for public assistance and care in and for such county,  city or town or its authorized representative or, by  authority  of  the  county,  city  or  town  social services official, to a person or agency  considered entitled to such information. Nothing herein shall preclude a  social services official from reporting  to  an  appropriate  agency  or  official,  including  law  enforcement  agencies  or officials, known or  suspected instances of  physical  or  mental  injury,  sexual  abuse  or  exploitation,  sexual  contact  with  a  minor or negligent treatment or  maltreatment of a child of which  the  official  becomes  aware  in  the  administration  of  public  assistance  and  care  nor shall it preclude  communication with the federal immigration  and  naturalization  service  regarding the immigration status of any individual.3.  Nothing in this section shall be construed to prevent registration  in a central index  or  social  service  exchange  for  the  purpose  of  preventing  duplication  and  of  coordinating  the  work  of public and  private agencies.    4.  No person or agency shall solicit, disclose, receive, make use of,  or authorize, knowingly permit, participate in, or acquiesce in the  use  of, any information relating to any applicant for or recipient of public  assistance  or  care  for  commercial or political purposes.  Nothing in  this or the other subdivisions  of  this  section  shall  be  deemed  to  prohibit  bona  fide news media from disseminating news, in the ordinary  course of their lawful business, relating to  the  identity  of  persons  charged  with  the  commission  of  crimes  or  offenses involving their  application for or receipt of public assistance and care, including  the  names  and  addresses  of  such applicants or recipients who are charged  with the commission of such crimes or offenses.    5. A social services official shall disclose to a  federal,  state  or  local  law enforcement officer, upon request of the officer, the current  address of any recipient of family assistance, or safety net  assistance  if the duties of the officer include the location or apprehension of the  recipient  and  the  officer furnishes the social services official with  the name of the recipient and notifies the agency that such recipient is  fleeing to avoid prosecution, custody or confinement  after  conviction,  under  the  laws of the place from which the recipient is fleeing, for a  crime or an attempt to commit a crime which is a felony under  the  laws  of  the place from which the recipient is fleeing, or which, in the case  of the state of New Jersey, is a high misdemeanor under the laws of that  state, or is violating a condition of probation or parole imposed  under  a  federal  or  state  law  or has information that is necessary for the  officer to conduct his or  her  official  duties.    In  a  request  for  disclosure  pursuant  to  this subdivision, such law enforcement officer  shall endeavor to include identifying information to  help  ensure  that  the  social  services  official discloses only the address of the person  sought and not the address of a person with the same or similar name.

State Codes and Statutes

Statutes > New-york > Sos > Article-5 > Title-1 > 136

§  136.  Protection  of  public  welfare  records.    1.  The names or  addresses of persons applying for or  receiving  public  assistance  and  care  shall  not  be  included in any published report or printed in any  newspaper or reported at any  public  meeting  except  meetings  of  the  county  board of supervisors, city council, town board or other board or  body authorized and required to appropriate funds for public  assistance  and  care in and for such county, city or town; nor shall such names and  addresses and the amount received by or expended  for  such  persons  be  disclosed   except  to  the  commissioner  of  social  services  or  his  authorized representative, such county, city or town board  or  body  or  its  authorized  representative,  any other body or official required to  have such information properly to discharge its or his  duties,  or,  by  authority of such county, city or town appropriating board or body or of  the social services official of the county, city or town, to a person or  agency  considered entitled to such information. However, if a bona fide  news disseminating firm or organization makes a written request  to  the  social services official or the appropriating board or body of a county,  city or town to allow inspection by an authorized representative of such  firm  or organization of the books and records of the disbursements made  by such county, city or  town  for  public  assistance  and  care,  such  requests shall be granted within five days and such firm or organization  shall  be considered entitled to the information contained in such books  and records, provided such firm or organization shall give assurances in  writing that it will not publicly disclose, or participate or  acquiesce  in  the  public disclosure of, the names and addresses of applicants for  and recipients  of  public  assistance  and  care  except  as  expressly  permitted  by  subdivision  four.    If such firm or organization shall,  after giving  such  assurance,  publicly  disclose,  or  participate  or  acquiesce  in  the  public  disclosure  of,  the  names and addresses of  applicants for or recipients of public assistance  and  care  except  as  expressly  permitted by subdivision four, then such firm or organization  shall be deemed to have violated this section and such  violation  shall  constitute  a  misdemeanor.  As used herein a news disseminating firm or  organization shall mean and include: a newspaper;  a  newspaper  service  association  or  agency;  a  magazine;  a radio or television station or  system; a motion picture news agency.    2. All communications and information relating to a  person  receiving  public  assistance  or  care  obtained  by any social services official,  service officer, or employee in the course of his or her work  shall  be  considered  confidential  and,  except  as  otherwise  provided  in this  section, shall be disclosed only to the  commissioner,  or  his  or  her  authorized  representative,  the  commissioner of labor, or   his or her  authorized representative, the commissioner of health,  or  his  or  her  authorized  representative, the welfare inspector general, or his or her  authorized representative,  the  county    board  of  supervisors,  city  council,  town  board  or other board or body authorized and required to  appropriate funds for public assistance and care in and for such county,  city or town or its authorized representative or, by  authority  of  the  county,  city  or  town  social services official, to a person or agency  considered entitled to such information. Nothing herein shall preclude a  social services official from reporting  to  an  appropriate  agency  or  official,  including  law  enforcement  agencies  or officials, known or  suspected instances of  physical  or  mental  injury,  sexual  abuse  or  exploitation,  sexual  contact  with  a  minor or negligent treatment or  maltreatment of a child of which  the  official  becomes  aware  in  the  administration  of  public  assistance  and  care  nor shall it preclude  communication with the federal immigration  and  naturalization  service  regarding the immigration status of any individual.3.  Nothing in this section shall be construed to prevent registration  in a central index  or  social  service  exchange  for  the  purpose  of  preventing  duplication  and  of  coordinating  the  work  of public and  private agencies.    4.  No person or agency shall solicit, disclose, receive, make use of,  or authorize, knowingly permit, participate in, or acquiesce in the  use  of, any information relating to any applicant for or recipient of public  assistance  or  care  for  commercial or political purposes.  Nothing in  this or the other subdivisions  of  this  section  shall  be  deemed  to  prohibit  bona  fide news media from disseminating news, in the ordinary  course of their lawful business, relating to  the  identity  of  persons  charged  with  the  commission  of  crimes  or  offenses involving their  application for or receipt of public assistance and care, including  the  names  and  addresses  of  such applicants or recipients who are charged  with the commission of such crimes or offenses.    5. A social services official shall disclose to a  federal,  state  or  local  law enforcement officer, upon request of the officer, the current  address of any recipient of family assistance, or safety net  assistance  if the duties of the officer include the location or apprehension of the  recipient  and  the  officer furnishes the social services official with  the name of the recipient and notifies the agency that such recipient is  fleeing to avoid prosecution, custody or confinement  after  conviction,  under  the  laws of the place from which the recipient is fleeing, for a  crime or an attempt to commit a crime which is a felony under  the  laws  of  the place from which the recipient is fleeing, or which, in the case  of the state of New Jersey, is a high misdemeanor under the laws of that  state, or is violating a condition of probation or parole imposed  under  a  federal  or  state  law  or has information that is necessary for the  officer to conduct his or  her  official  duties.    In  a  request  for  disclosure  pursuant  to  this subdivision, such law enforcement officer  shall endeavor to include identifying information to  help  ensure  that  the  social  services  official discloses only the address of the person  sought and not the address of a person with the same or similar name.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Sos > Article-5 > Title-1 > 136

§  136.  Protection  of  public  welfare  records.    1.  The names or  addresses of persons applying for or  receiving  public  assistance  and  care  shall  not  be  included in any published report or printed in any  newspaper or reported at any  public  meeting  except  meetings  of  the  county  board of supervisors, city council, town board or other board or  body authorized and required to appropriate funds for public  assistance  and  care in and for such county, city or town; nor shall such names and  addresses and the amount received by or expended  for  such  persons  be  disclosed   except  to  the  commissioner  of  social  services  or  his  authorized representative, such county, city or town board  or  body  or  its  authorized  representative,  any other body or official required to  have such information properly to discharge its or his  duties,  or,  by  authority of such county, city or town appropriating board or body or of  the social services official of the county, city or town, to a person or  agency  considered entitled to such information. However, if a bona fide  news disseminating firm or organization makes a written request  to  the  social services official or the appropriating board or body of a county,  city or town to allow inspection by an authorized representative of such  firm  or organization of the books and records of the disbursements made  by such county, city or  town  for  public  assistance  and  care,  such  requests shall be granted within five days and such firm or organization  shall  be considered entitled to the information contained in such books  and records, provided such firm or organization shall give assurances in  writing that it will not publicly disclose, or participate or  acquiesce  in  the  public disclosure of, the names and addresses of applicants for  and recipients  of  public  assistance  and  care  except  as  expressly  permitted  by  subdivision  four.    If such firm or organization shall,  after giving  such  assurance,  publicly  disclose,  or  participate  or  acquiesce  in  the  public  disclosure  of,  the  names and addresses of  applicants for or recipients of public assistance  and  care  except  as  expressly  permitted by subdivision four, then such firm or organization  shall be deemed to have violated this section and such  violation  shall  constitute  a  misdemeanor.  As used herein a news disseminating firm or  organization shall mean and include: a newspaper;  a  newspaper  service  association  or  agency;  a  magazine;  a radio or television station or  system; a motion picture news agency.    2. All communications and information relating to a  person  receiving  public  assistance  or  care  obtained  by any social services official,  service officer, or employee in the course of his or her work  shall  be  considered  confidential  and,  except  as  otherwise  provided  in this  section, shall be disclosed only to the  commissioner,  or  his  or  her  authorized  representative,  the  commissioner of labor, or   his or her  authorized representative, the commissioner of health,  or  his  or  her  authorized  representative, the welfare inspector general, or his or her  authorized representative,  the  county    board  of  supervisors,  city  council,  town  board  or other board or body authorized and required to  appropriate funds for public assistance and care in and for such county,  city or town or its authorized representative or, by  authority  of  the  county,  city  or  town  social services official, to a person or agency  considered entitled to such information. Nothing herein shall preclude a  social services official from reporting  to  an  appropriate  agency  or  official,  including  law  enforcement  agencies  or officials, known or  suspected instances of  physical  or  mental  injury,  sexual  abuse  or  exploitation,  sexual  contact  with  a  minor or negligent treatment or  maltreatment of a child of which  the  official  becomes  aware  in  the  administration  of  public  assistance  and  care  nor shall it preclude  communication with the federal immigration  and  naturalization  service  regarding the immigration status of any individual.3.  Nothing in this section shall be construed to prevent registration  in a central index  or  social  service  exchange  for  the  purpose  of  preventing  duplication  and  of  coordinating  the  work  of public and  private agencies.    4.  No person or agency shall solicit, disclose, receive, make use of,  or authorize, knowingly permit, participate in, or acquiesce in the  use  of, any information relating to any applicant for or recipient of public  assistance  or  care  for  commercial or political purposes.  Nothing in  this or the other subdivisions  of  this  section  shall  be  deemed  to  prohibit  bona  fide news media from disseminating news, in the ordinary  course of their lawful business, relating to  the  identity  of  persons  charged  with  the  commission  of  crimes  or  offenses involving their  application for or receipt of public assistance and care, including  the  names  and  addresses  of  such applicants or recipients who are charged  with the commission of such crimes or offenses.    5. A social services official shall disclose to a  federal,  state  or  local  law enforcement officer, upon request of the officer, the current  address of any recipient of family assistance, or safety net  assistance  if the duties of the officer include the location or apprehension of the  recipient  and  the  officer furnishes the social services official with  the name of the recipient and notifies the agency that such recipient is  fleeing to avoid prosecution, custody or confinement  after  conviction,  under  the  laws of the place from which the recipient is fleeing, for a  crime or an attempt to commit a crime which is a felony under  the  laws  of  the place from which the recipient is fleeing, or which, in the case  of the state of New Jersey, is a high misdemeanor under the laws of that  state, or is violating a condition of probation or parole imposed  under  a  federal  or  state  law  or has information that is necessary for the  officer to conduct his or  her  official  duties.    In  a  request  for  disclosure  pursuant  to  this subdivision, such law enforcement officer  shall endeavor to include identifying information to  help  ensure  that  the  social  services  official discloses only the address of the person  sought and not the address of a person with the same or similar name.