Temporary Assistance for Needy Families (TANF) 448-01-25-10-10-30

(Revised 3/1/12 ML #3304)

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IM 5267

 

 

 

North Dakota Department of Human Services including county Eligibility Staff may exchange information regarding a client to another unit of the Department upon a showing that the requesting unit has a need to know the information in order to perform its duties, for payment purposes, or to administer its program. In most situations, no written authorization by the client shall be required prior to exchange of the requested information.

 

Information concerning households receiving TANF may be released only 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 TANF must obtain and provide a signed release of information from the parent or 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, cannot be transferred from the old casefile to the new casefile without a signed release of information from the Primary Individual of the old case with the following exceptions:

Exception#1: The individual added to the new case is now an adult 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 Release of Information.

 

Exception #2: Both parents of a child were part of the old case and the Primary Individual (PI) of the new case is the parent who was not the PI in 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 Release of Information from the parent who was the PI in the old case.

  1. Information being requested by other individuals within the county social service office or a partner agency (county social workers, housing assistance program staff, Professional Association of 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 the TANF Program, cannot be released without a signed release of information from the Primary Individual, with the following exceptions:

Exception #1: Verification of a child’s SSN and Birth may be shared with a social worker or eligibility worker within the county social service office in order to determine eligibility for Foster Care Assistance.

 

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 Primary Individual (PI) of a case in North Dakota, any information contained in the casefile can be released without a signed Release of Information.

 

  1. If the individual was not the PI of a case in North Dakota, only that individual's information can be released.

Exception #3: When an employee of the Social Security Administration requests information regarding TANF benefits in order to determine eligibility for Social Security or Supplemental Security Income benefits, the information can be released without a signed Release of Information.

 

Exception #4: Elected public officials. Refer to Service Chapter 110-01-25-05, (which is located on the County Intranet in the ‘Legal’ folder) for a list of elected public officials you may provide information without a release of information, and what information can be disclosed.

Note: If the elected public official is not listed in Service Chapter 110-01-25-05, information cannot be released without a signed release of information.

 

Exception #5: 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. Therefore, information may be released without a signed Release of Information.

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;

 

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

 

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