Advocacy Breakthrough: Client Information

October 1, 2007

Alison Bates

Legal service advocates in Rochester encountered an obstacle when attempting to obtain information about their clients from caseworkers at the Monroe County Department of Human Services (DHS).

Caseworkers refused to disclose client information to the advocates unless they provided a written release.  Obtaining a written release is not only difficult for clients due to obstacles of their own such as transportation and the involvement of time-sensitive issues, but it is also contrary to requirements of New York Social Service regulations.

The regulation, 18 NYCRR § 357.3(c)(2) provides an exception to the general rule that public assistance information about a particular individual is confidential.  According to the regulation, confidential information may be released to a “person…or…social agency from whom the applicant or recipient has requested a particular service when it may properly be assumed that the client has requested the inquirer to act in his behalf and when such information is related to the particular service requested.”

The Empire Justice Center contacted legal counsel for DHS in order to address the issue and argued that the regulation covers legal services offices representing their clients. 

Counsel for DHS agreed that the regulation allows for the disclosure of information to a legal services advocate without requiring any sort of release.  As a solution in Monroe County, top officials at DHS sent an email message to all caseworkers and their supervisors explaining that pursuant to § 357.3(c)(2) they are not to require a release from legal services organizations as long as the caseworker can be “reasonably sure” that the advocate is calling on behalf of the client and at the client’s request. 

The message explained that caseworkers can be “reasonably sure” of such information simply by looking at the caller identification information (ID) on their telephones.  The message specifically identified the Empire Justice Center along with the Monroe County Legal Assistance Corporation, the Legal Aid Society, and hospitals and nursing homes as social agencies from which caseworkers are not to request a release. 

The Department also explained the regulation and its implications verbally at their supervisory meeting on October 17, 2007 and had legal counsel on hand to answer any questions the supervisors had.

A formal letter from DHS legal counsel explaining the County’s position on disclosure of this otherwise confidential information was provided to the Empire Justice Center in the event that a caseworker requests a release from an advocate in the future.