Administrative Requirements 400-28-15

 

Confidentiality 400-28-15-05

(Revised 8/1/13 ML #3374)

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Information concerning households receiving assistance through the Child Care Assistance Program (CCAP) may be released only for the purposes directly connected with the administration of Economic Assistance Programs, Medicaid and Healthy Steps.

 

If a caretaker wishes the provider to be able to obtain information, the caretaker must sign an authorization of disclosure using the SFN 1059 ‘Authorization to Disclose Information’.

 

Without a signed Authorization to Disclose Information, the only information that can be disclosed to a provider is whether the caretaker has applied or is receiving CCAP and if a payment has been issued to the provider on behalf of the family.

 

If a provider inquires as to why payment has not been made, no information can be disclosed without a current Authorization to Disclose Information.

 

Information cannot be disclosed on a CCAP certificate displaying the type(s) of program(s) that the caretaker may be on (TANF, JOBS, etc.).

 

Federal and state law recognizes the privacy rights of individuals who receive services and assistance under programs administered by the county social service office. Confidentiality safeguards go into effect from the initial contact between the client and the county social service office. Initial contact may be as early as an inquiry about the application process or availability of services, depending on what personally identifying information was obtained. The safeguards apply to any personally identifying information, whether written or oral, and whether or not it is incorporated into the client’s records. Safeguards continue to be in effect as long as services or assistance are provided and continue afterwards indefinitely. They are not terminated by the cessation of services or assistance, or by the client’s death. Safeguards continue to be in effect indefinitely even for applicants who do not become recipients.

 

Information concerning households receiving CCAP can be released for purposes directly connected with the administration of the program. Agencies and individuals other than those specified below, who are requesting information concerning households receiving CCAP must obtain and provide a signed Authorization to Disclose Information from the caretaker/individual, legal guardian or an agency who has care, custody and control of a child prior to the information being disclosed.

This includes:

  1. Information regarding an individual who received assistance in one case and is now being added to another case or applying on their own behalf, cannot be transferred from the old case file to the new case file without a signed Authorization to Disclose Information from the caretaker of the old case with the following exceptions:

    Exception#1: The individual added to the new case or applying on their own behalf is now an adult (18 years of age) eligible in their own right and was a child in the previous case. If the individual indicates they received assistance in another case that individual’s information can be added to the new case without a signed Authorization to Disclose Information.

     

    Exception #2: Both parents of a child were part of the old case and the caretaker of the new case is one of the parents from the old case and no legal action has been filed (separation, divorce, etc.).

    Note: Once legal action has been initiated, information from the old case cannot be added to the new case without a signed Authorization to Disclose Information.

  2. Information being requested by other individuals within the county social service office or a partner agency (county social workers, housing assistance program staff, Treatment Homes (PATH), Division of Juvenile Services (DJS), Tribal Social Services staff, etc.), provided the information is not for the purpose of determining eligibility for CCAP, cannot be released without a signed release of information from the caretaker, with the following exceptions:

    Exception #1: Verification of a child’s Social Security Number and birth verification may be shared with a social worker or eligibility worker within the county social service office in order to determine eligibility for Foster Care Program.

Exception #2: When an eligibility case worker of a social service agency in another State or within North Dakota requests information regarding an individual applying for or receiving assistance:

  1. If the individual was the caretaker of a case in North Dakota, any information contained in the case file can be released without a signed Authorization to Disclose Information.
  2. If the individual was not the caretaker of a case in North Dakota, only that individual's information can be released.

Exception #3: Upon the written request of an elected public official, the name, address, and amount of assistance received by a CCAP household may be released without a signed Authorization to Disclose Information.

 

Exception #4: Upon the request of the state or county child care licensing staff, information may be released when needed for licensure purposes.

 

Information from the following interfaces can be used to determine eligibility for CCAP when the individual is known in a TANF, SNAP or Health Care Coverage program case. However, the confidentially rules for TANF, SNAP and Health Care Coverage applies to information received through these interfaces:

• Social Security Administration (SSA)

• Internal Revenue Service (IRS)

 

For individuals who are not known in a TANF, SNAP or Health Care Coverage program case, the interface information from SSA or IRS cannot be used to determine eligibility for CCAP.

 

Information through Job Service interfaces may be used to determine eligibility.

 

In accordance with the agreement with Vital Statistics, the Vital Statistic information is owned by Vital Statistics at the State Health Department. Information received through the Vital Statistics Interface is to be used by eligibility workers to verify birth and association information for applicants and recipients. This information cannot be released to the applicant or recipient or any other agency and can only be used for the purpose of determining eligibility.

 

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