22 CRR-NY 205.5NY-CRR
22 CRR-NY 205.5
22 CRR-NY 205.5
205.5 Privacy of Family Court records.
Subject to limitations and procedures set by statute and case law, the following shall be permitted access to the pleadings, legal papers formally filed in a proceeding, findings, decisions and orders and, subject to the provisions of CPLR 8002, transcribed minutes of any hearing held in the proceeding:
(a) the petitioner, presentment agency and adult respondent in the Family Court proceeding and their attorneys;
(b) when a child is either a party to, or the child's custody may be affected by, the proceeding:
(1) the parents or persons legally responsible for the care of that child and their attorneys;
(2) the guardian, guardian ad litem and attorney for that child;
(3) an authorized representative of the child protective agency involved in the proceeding or the probation service;
(4) an agency to which custody has been granted by an order of the Family Court and its attorney;
(5) an authorized employee or volunteer of a court appointed special advocate program appointed by the Family Court to assist in the child's case in accordance with Part 44 of this Title; and
(c) a representative of the State Commission on Judicial Conduct, upon application to the appropriate Deputy Chief Administrator, or his or her designee, containing an affirmation that the commission is inquiring into a complaint under article 2-A of the Judiciary Law, and that the inquiry is subject to the confidentiality provisions of said article;
(d) in proceedings under articles 4, 5, 6 and 8 of the Family Court Act in which temporary or final orders of protection have been issued:
(1) where a related criminal action may, but has not yet been commenced, a prosecutor upon affirmation that such records are necessary to conduct an investigation of prosecution; and
(2) where a related criminal action has been commenced, a prosecutor or defense attorney in accordance with procedures set forth in the Criminal Procedure Law provided, however, that prosecutors may request transcripts of Family Court proceedings in accordance with section 815 of the Family Court Act, and provided further that any records or information disclosed pursuant to this subdivision must be retained as confidential and may not be redisclosed except as necessary for such investigation or use in the criminal action; and
(e) another court when necessary for a pending proceeding involving one or more parties or children who are or were the parties in, or subjects of, a proceeding in the Family Court pursuant to article 4, 5, 6, 8 or 10 of the Family Court Act. Only certified copies of pleadings and orders in, as well as information regarding the status of, such Family Court proceeding may be transmitted without court order pursuant to this section. Any information or records disclosed pursuant to this subdivision may not be redisclosed except as necessary to the pending proceeding.
Where the Family Court has authorized that the address of a party or child be kept confidential in accordance with Family Court Act, section 154-b(2), any record or document disclosed pursuant to this section shall have such address redacted or otherwise safeguarded.
22 CRR-NY 205.5
Current through August 31, 2021
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