New York Laws
Title 1 - General Provisions
136 - Protection of Public Welfare Records.

§ 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.

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