The purpose of this Local Commissioners Memorandum (LCM) is to inform local departments of social services (LDSS) of a change in the New York State Office of Children and Family Services’ (OCFS) legal interpretation and practice pertaining to best interests determinations when the release of a fatality report completed under Section 20(5) of the Social Services Law (SSL) has been requested. Effective immediately, a best interests determination will be required for all fatality reports requested to be released by OCFS regardless of whether the request is for a childspecific report or a more general request for multiple reports. A best interests determination pertains to whether the disclosure of a fatality report would be contrary to the best interests of the surviving siblings or other children in the household. This LCM sets forth guidelines for making best interests determinations.
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