Section 81.9 - Confidentiality

81.9 Confidentiality.

(a) Except as hereinafter provided, any report, record of the investigation of such report and all other information related to such report shall be confidential and shall be exempt from disclosure under article 6 of the Public Officers Law.

(b) Information relating to a report made pursuant to this Part shall be disclosed under any of the following conditions:

(1) pursuant to article 6 of the Public Officers Law, after expungement or amendment, if any, is made in accordance with a hearing conducted pursuant to this Part, or at least 45 days after a written determination is made by the commissioner concerning such report, whichever is later, provided, however, that the identity of the person who made the report, the victim, or any other person named, except a person who the commissioner has determined committed an act of physical abuse, neglect or mistreatment, shall not be disclosed unless such person authorizes such disclosure;

(2) as may be required by the Penal Law or any lawful order or warrant issued pursuant to the Criminal Procedure Law; or

(3) to a person who has requested a hearing pursuant to this Part, information relating to the determination upon which the hearing is to be conducted; provided, however, that the identity of the person who made the report or any other person who provided information in an investigation of the report shall not be disclosed unless such person authorizes such disclosure.
 

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