N.Y. Comp. Codes R. & Regs. tit. 14 § 305.9 - Confidentiality of Children Receiving Preventive Alcoholism Counseling Services

This regulation requires that extra precautions be taken to protect the confidentiality of children provided with preventive alcoholism counseling services.  The regulation states that facility should obtain release of information forms signed by the child receiving services for each disclosure made to another person or agency.  Such releases are required to have an expiration date no longer than 90 days after execution and must comply with confidentiality requirements in federal regulations.  If counseling services are provided without parental consent, the regulation prohibits the facility from seeking consent from parents for disclosure of information; the regulation only requires the child’s written consent to disclose.  If counseling services are provided with parental consent, then the regulation requires written consents from both the parent and child in order to disclose information.  However, the regulation states that the facility must seek consent to disclose from the child first, and if the child refuses, the regulation prohibits the facility from seeking consent from the parent.  In the case that HIV-related information is obtained during the provision of counseling services, the regulation requires that the facility maintain this information pursuant to federal confidentiality regulations.