Freedom of Information Law (FOIL)
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Overview

The Freedom of Information Law (“FOIL”), Article 6 (Sections 84-90) of the NYS Public Officers Law, provides the public right to access to records maintained by government agencies with certain exceptions. 

“Record” means any information kept, held, filed, produced or reproduced by, with, or for this agency, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or disks, rules, regulations or codes.

Learn more about records access and Open FOIL NY.

If you are seeking records related to a Justice Center investigation, you do not need to file a FOIL request. 

Request Records

Attorneys please note: If you are making a FOIL request on behalf of your client, please provide indication of representation in your request.

Online

SUBMIT AN OPEN FOIL REQUEST

 

By mail 

Send a written request to:

Records Access Officer
NYS Justice Center for the Protection of People with Special Needs
161 Delaware Avenue
Delmar, New York 12054

By e-mail

Send a written request to:

[email protected]

By Fax

Send a written request to: (518) 549-1336

In person

Our main offices are located at 161 Delaware Avenue, Delmar, New York. Upon entering the secure lobby main entrance of the building, advise security staff that you would like to request records. Security staff will contact the Records Access Office, and a staff member will provide assistance.  Please be advised records require review prior to disclosure. As a result, documents and records will not be immediately available.

FOIL Process

We will send you a letter within five business days of the receipt of a written request for reasonably described records, make such records available, deny such request in writing, or furnish a written acknowledgment of the receipt of such request.  If you have not received a letter within five business days, please contact us at (518) 549-0200 or [email protected].

An acknowledgment letter will provide you with an estimate of when the records you request will be available, which shall be reasonable under the circumstances of the request. This date is determined by the number of documents you request, their format, their availability, the time it takes to redact any information that cannot be disclosed pursuant to FOIL, the time it takes to assemble the documents, and other factors. 

If the records you request require a fee to be paid, you will be notified prior to the records being released to you. Unless a different fee is otherwise prescribed by statute, Public Officers Law §87(1) authorizes an agency to charge a fee of 25¢ per copy for copies of records up 9”x 14”, or the actual cost of reproducing a record. In determining the actual cost of producing a record, an agency may include only:

  • an amount equal to the hourly salary attributed to the lowest paid agency employee who has the necessary skill required to prepare the requested record(s), if at least two hours of agency employee time is needed to prepare a copy of the record(s) requested;
  • the actual cost of the storage devices or media provided to the person making the request in complying with such request; and
  • the actual cost to the agency of engaging an outside professional service to prepare a copy of a record, but only when an agency's information technology equipment is inadequate to prepare a copy, if such service is used to prepare the copy.
     

Once the requested records are prepared, you may receive the records via email, fax, paper, CD/DVD, or USB.  

Records are available for inspection, by appointment, on business days between 9:00a.m.-4:00p.m. at the Records Access Office, 161 Delaware Avenue, Delmar, New York.  You may schedule an appointment for in-person inspection of records by calling (518) 549-0200 or sending an email request to:

[email protected].

Right to Appeal

Under provisions of the Public Officers Law you may appeal a FOIL determination.  If you desire to submit such an appeal, you must do so within 30 days of the written response to your FOIL request. Please include a copy of the original request for records and a copy of the FOIL response letter you received along with your appeal letter to: 

FOIL Appeal Officer
NYS Justice Center for the Protection of People with Special Needs
161 Delaware Avenue
Delmar, New York 12054

You will be informed in writing of the decision within ten business days of our receipt of such an appeal.  Please indicate the FOIL Request Number when corresponding on this subject.

Subject Matter List

Updated 2021

Listed below by subject matter are records maintained by the Justice Center as required by Public Officers Law §87(3)(c). This is not intended to be an exhaustive list, but rather a reasonably detailed list by subject matter of the records possessed by the Justice Center, whether subject to the Freedom of Information Law (FOIL) or not. Please note, the Justice Center is prohibited from releasing certain information under FOIL, Social Services Law § 496, HIPAA, the Personal Privacy Protection law, and other laws, rules and regulations. Some records listed below may be prohibited from disclosure under relevant law.

For more information about the Freedom of Information Law, visit the NYS Committee on Open Government.

PROGRAM AREAS

  • Administrative Services
    • Human Resources
      • Personnel History Files
      • Time and Attendance Records
      • Personnel Transaction Forms
    • Training
      • Curriculum, scheduling details, rosters and evaluations for trainings
      • PowerPoint documents for presentations to external stakeholders
      • Training policy and procedure documents
      • Justice Center employee training records
    • Division of Reporting and Analytics
      • Functional Design Documentation
      • Technical Design Documentation
      • Vulnerable Persons Central Register (VPCR) database
    • Internal Control
      • Supporting Documentation for Quarterly and Annual Agency Internal Control Certifications
      • Agency-wide Internal Control Review Documentation (Control Environment and Risk Assessment)
      • Agency-wide Internal Control Policy and Procedures Guidance
    • Project & Performance Management
      • Project proposals, business cases, project charters, project schedules/plans, business process documents, business requirements documents, project summary documents
      • Work Intake Model process documents, Governing Board documentation
    • Finance/Budget/Facility Operations
      • General Administrative
      • Budget Preparation
      • Employee Relations
      • Equipment, supplies, and motor vehicle management
      • Fiscal Operations
      • Reasonable Accommodation
      • Mail and Messenger Services
      • Minority/Women and Service Disabled Veteran-Owned Business Plans
      • Payroll
      • Records Management
      • Contracts
    • ITS Liaison
  • Office of General Counsel
    • Case Review & Closure (CRC)
      • CRC case assignment tracking sheet
      • Notable case updates spreadsheet
      • Letters of determination
      • Substantiated Category 2 elevation check
      • CRC returned mail spreadsheet
      • Case closure notes
      • List of SED/OMH co-licensed programs & policies
      • Professional Misconduct Referrals
      • SEL checklist
      • Staff Exclusion List death verification process
    • Criminal Background Check Unit
      • Justice Center Criminal Background Check System (CBC System)
    • Records Management and Access
      • Open FOIL NY database
  • Office of Outreach, Prevention and Support
    • Call Center
      • Intake Records
      • Audio Recordings
    • Triage
      • Agency records including shift reports, progress notes etc.
      • Education Records Individuals Receiving Services
      • Medical Reports
      • Law Enforcement Reports
      • Investigation files
    • Out of State Placements
      • Provider Policies
      • Investigation Reports
      • Investigation Files, produced by Provider
      • Investigation Files, produced by other out-of-state agency with investigative authority
      • Medical Records, as recorded by Provider
      • Medical Records, as recorded by hospital, clinic, other external service provider
      • Lists of persons placed/funded by New York State in out-of-state programs
      • Case notes
      • Case tracking spreadsheets
      • OSP travel files
    • Mortality Reviews
      • Death Certificates (NYC Office of Vital Statistics or NYS Department of Health)
      • Autopsy Reports
      • Report of Death Form
      • Individual Decedent Records
      • External Investigative Reports
  • Office of Outreach, Prevention and Support
    • TRAID - Technology Related Assistance for Individuals with Disabilities
      • State Partner Reports
      • TRAID Contracts
      • Federal Reports
    • Surrogate Decision-Making Committee Program
      • SDMC Hearing Proceedings
      • SDMC Hearing Determinations
      • SDMC Guidance Documents and Provider training materials
      • Volunteer Training, Appointments, and Reappointments
      • Major Medical Case Records
      • End of Life Case Records
      • Quality Assurance Reviews
      • Contracts
      • Regional Office Reports
    • Individual and Family Support
      • IFSU Contacts
      • Services
      • Follow-ups
    • Prevention and Quality Improvement
      • Corrective Action Plan (CAP) Audits of Provider agencies
      • Systemic Reviews of Provider agencies
      • Abuse Prevention Resources
    • Forensics Monitoring
      • SHU Exclusion Law Monitoring reports on correctional facilities
      • Systemic reviews
      • Mental Health Service Reviews of Inmate-Patients who die by suicide
      • Quarterly SHU Exclusion Monitoring reports
      • Guidance Records
      • SHU Records
      • Clinical Case Records
      • Private Interview Records
  • Office of Special Prosecutor
    • Prosecutions
      • Prosecution Case Files (Post Arrest)
        • People’s Filings
        • Defendant(s)’ Filings
        • Court Orders
        • Court Decisions
      • Prosecution Investigation Files
        • Court Minutes
        • Law Enforcement Records
        • District Attorney Records
    • Administrative Litigation Unit
      • Requests for Amendment (RFA)
      • Determination Letters
      • Notices of Appearance
      • Exhibits and Exhibit Lists
      • Submissions (Briefs, Motions)
      • Decisions
      • Late RFA Materials
      • Sub/Unsub Memorandum
      • Draft/Final NODs
      • Employment History documents
      • Transcripts of Interviews/Interrogations
      • Awards and Settlements​​
  • Office of Communications
    • Reports
    • Publications
  • Administrative Hearings Unit
    • Pre-Hearing Conference Notices
    • Hearing Notices
    • Orders
    • Final Determinations after a Hearing
    • Various Motions and Applications

Helpful Tips

The Committee on Open Government, an agency of the NYS Department of State, is responsible for overseeing and advising with regard to FOIL, the Open Meetings Law and the Personal Privacy Protection Law. 

When submitting a FOIL request:

  • Be aware, records related to a Justice Center investigation is a different type of request.
  • Be as specific as possible in describing the requested records. Include relevant dates, names, descriptions, etc. See suggested language for a FOIL request from the Committee on Open Government.
  • If records are available, specify how you want them sent, i.e., via US mail, e-mail or fax. We may choose to send the records by U.S. mail, if you have requested a large volume of records, for security or other important reasons.
  • Include your e-mail, mailing address, and fax number, as well as a telephone number where you can be reached during business hours, if it is necessary to clarify your request.
  • Please note that the agency is not required to create a new record in response to FOIL requests. 
  • Please note that State holidays are not counted as a business day.