Page 26
26 HIV-related information may not be disclosed to such a relative without a written release from: i. the applicant or recipient, if the applicant or recipient has capacity to consent as defined in section 18 NYCRR 360-8.1(a)(8) and in article 27-F of the Public Health Law; or ii. from a person authorized to consent to health care for the applicant or recipient, if the applicant or recipient lacks capacity to consent. 3. The social services district or other authorized agency must, in writing, inform the relative or other legally responsible person receiving information under this subdivision, of the confidential nature of the information and of any restrictions against re-disclosure of such information. In the case of confidential HIV-related information, the warning statement against re-disclosure set forth in 18 NYCRR section 360-8.1(h) and in article 27-F of the Public Health Law must be provided to the person receiving confidential HIV- related information. 4. The term confidential HIV-related information is defined in 18 NYCRR section 360- 8.1(a)(5) and in article 27-F of the Public Health Law. The conditions for the written release authorizing disclosure of such information are set forth in section 18 NYCRR 360-8.1(g) and in article 27-F of the Public Health Law. (e) Disclosure to Federal, State or local official. 1. Information may be disclosed to any properly constituted authority. This includes a legislative body or committee upon proper legislative order, an administrative board charged with investigating or appraising the operation of public welfare, law enforcement officers, grand juries, probation and parole officers, government auditors, and members of public welfare boards, as well as the administrative staff of public welfare agencies. 2. Information may be released to a selective service board when such information is necessary in order that the board may arrive at a valid and consistent decision regarding dependency. 3. A social services official must 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 paragraph, such law enforcement officer must 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. 4. Nothing in this Part precludes 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