Confidentiality 400-19-15-15

(Revised 6/1/10 ML #3218)

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Information concerning households receiving TANF may be released only for purposes directly connected with the administration of the program except that, upon the written request of an elected public official, the name, address, and amount of assistance received by a TANF household may be released.

 

Client information contained in a case file or in TECS or Vision must be safeguarded according to TANF policies with the exception of information received through an interface from Social Security Administration (SSA) and Internal Revenue Service (IRS). In accordance with the agreements with SSA and IRS, interface information received these agencies may only be used to determine eligibility for Health Care Coverage, SNAP, and TANF Programs. Interface SSA  information may be released to a client with a signed release of information but not to other agencies. IRS interface information may never be shared with clients or other agencies even with a signed release.

Note: SSA or IRS information provided by the client may be shared with other agencies upon receipt of a signed release of information.

 

Confidentiality provisions of the law allow for cooperation with and provision of pertinent information to the Child Support Enforcement Agency as a means of assisting in locating and obtaining support from an absent parent, establishing paternity, etc.

 

Federal and State regulations authorize the Department to disclose the current address of a TANF recipient to state or local law enforcement officials at their request, and without written recipient consent. The law enforcement officer must provide the name and social security number of the recipient, and must demonstrate all of the following:

  1. The recipient is a fugitive felon, as defined by state law;

  2. The officer’s duties include the location or apprehension of the felon; and

  3. The request is made pursuant to proper exercise of the officer’s duties. (45 C.F.R. § 205.50)

 

Agencies and individuals other than those specified above, who are requesting information concerning households receiving TANF must obtain and provide a signed release of information prior to the information being disclosed.

 

For additional considerations, including guidelines to county personnel who are subpoenaed to testify in court, see:

  1. Service Chapter 110-01, Confidentiality;

  2. Service Chapter 449-05-30, Confidentiality and Safeguarding Information; and

  3.  North Dakota Administrative Code (N.D.A.C.) Section 75-01-02.