1226 Disclosure of Information to Nonagency Personnel and the Public - Information is not to be disclosed to nonagency personnel such as courts, school boards, legislators, prosecuting attorneys, policemen, FBI agents, doctors, social service agencies, state employment offices, public housing authorities, landlords, creditors, relatives, etc., except as set forth below.
1226.1 Information Available to the Public - Regulations, Plans of Operation, state manuals, and federal procedures which affect the public shall be maintained in the office of the Economic and Employment Services Policy Section as well as in FNS National and Regional offices for examination by members of the public on regular workdays during the regular office hours. The Kansas Economic and Employment Services Manual is available on the internet 365 days a year.
1226.2 Directly Related to the Administration of DCF Programs - Information may be disclosed to nonagency personnel when the purpose of such disclosure is directly related to the administration of DCF programs. This information concerning a cash, child care, or food assistance client is not to be disclosed without the signed written consent of the client unless the purpose of such disclosure is directly related to one of those programs. Any information disclosed is to be limited to that which is reasonably necessary to accomplish the purpose of such disclosure. Such purposes include establishing eligibility, determining amount of assistance, and providing services to applicants or recipients.
In the course of providing services to clients, disclosure of information should be made to representatives of other welfare agencies or programs only when they can give assurance that:
the confidential nature of the information
will be preserved;
the information will be used only
for the purposes for which it is made available (such purposes should
be reasonably related to the purposes of the DCF program and the functioning
of the inquiring agencies); and
the standards of protection established by the agency to which the information is disclosed are equal to those established by DCF itself, both with regard to the use of information by staff and the provision of protective office procedures.
NOTE: Information may be shared with EES Contracted Employment Service providers. These providers are advised of the EES Confidentiality Policy and a copy of that policy is attached to each EES contract and/or provider agreement that involves direct client services (see 3413).
1226.4 Federal or Federally
Assisted Programs - Information concerning clients is to be disclosed
to federal or federally assisted programs which provide assistance (in
cash or in kind) or services directly to individuals on the basis of financial
need if the requesting agency certifies in writing that the information
so requested is necessary to the administration of its program. Example:
SSI.
Upon request from an eligible telecommunications carrier (ETC) or State
Lifeline Administrator seeking to verify the eligibility of a Lifeline
applicant, do not release any personally identifiable information regarding
the applicant beyond a yes/no response to the ETC stating whether the
applicant is in fact receiving Food Assistance.
1226.5 Officials Conducting
An Investigation, Prosecution, or Criminal/ Civil Proceeding -
Information is to be disclosed to the official conducting an investigation,
prosecution or criminal or civil proceeding in connection with the administration
of the DCF program if such information is reasonably necessary to the
investigation, prosecution or criminal or civil proceeding. This includes
welfare fraud investigations and prosecutions. The client's signature
on the application/redetermination form authorizes the disclosure of information
from the case record necessary to conduct an investigation, prosecution,
criminal or civil proceeding related to eligibility for cash, food assistance,
and child care.
Information concerning clients is to be disclosed to the official conducting
an investigation, prosecution or criminal or civil proceeding in conjunction
with the administration of the SSI program if such information is reasonably
necessary to the investigation, prosecution, or criminal or civil proceeding.
Information disclosed pursuant to the above paragraphs
shall be provided the appropriate official in the following manner:
The official requesting such information
shall be allowed to review pertinent case record material in the agency
office during normal working hours.
Such official, upon request, shall
be furnished with copies, or authenticated copies, or originals of
pertinent case record materials as necessary at no cost. Prior to
the release of an original document, a copy of the document shall
be placed in the case record with a notation as to the disposition
of the original.
If a question arises as to the pertinency of any requested
material, consult the DCF Legal Division.
1226.6 Intention to Commit Crimes - Information concerning the intention of a client to commit a crime and the information necessary to prevent the crime shall be disclosed to the appropriate authorities.
1226.7 Fleeing Felons and Probation/Parole Violators - The address of any member of a TANF or food assistance (see note below) household shall be made available, on request, to any Federal, State, or local law enforcement officer if the officer furnishes the name of the individual and notifies the agency that the individual:
is fleeing to avoid prosecution,
or custody or confinement after conviction, for a crime or attempt
to commit a crime that is a felony; or
is violating a condition of probation
or parole imposed under Federal or State law; or
has information that is necessary for the officer to conduct an official duty related to item (1) or (2) above.
The officer must notify the agency that locating or apprehending the
member is an official duty and that the request is being made in the proper
exercise of an official duty.
NOTE: For food assistance, an individual is a fleeing felon when a Federal, State, or local law enforcement officer acting in his or her official capacity presents an outstanding felony arrest warrant that conforms to one of the following National Crime Information Center Uniform Offense Classification Codes:
The warrant, containing one of these codes must be presented to the State to obtain information on the location of and other information about the individual named in the warrant.
The agency may also release the Social Security number and photograph, if available.
1226.8 Additional
Provisions - Case file information shall also be disclosed to
the following:
Food assistance case file information
shall be disclosed to persons directly connected with the administration
or enforcement of the provisions of the Food Stamp Act, including
the Food Distribution Program on Indian Reservations and the Expanded
Food and Nutrition Education Program (EFNEP);
Case file information shall be disclosed
to local or district school officials directly connected with the
administration of the National School Lunch Program, when the information
requested is concerning the current participation status of Food Assistance
or TANF Program participants (open or closed).
Food assistance case file information shall be disclosed to employees of the Comptroller General's Office of the United States for audit examination authorized by any other provision of law.
1226.9 Information Not Otherwise Authorized to be Disclosed - Information not otherwise authorized to be disclosed by this provision may only be disclosed if the client has the authority to disclose such information and the agency has a signed, written consent on file authorizing the agency to disclose the information to the specific person requesting such information, excepting that such information may be disclosed without signed, written consent in an emergency situation such as death or other serious crises to an appropriate person if the agency deems such unauthorized disclosure to be in the best interest of the client. If such information is disclosed without signed, written consent, the client shall be notified of such disclosure as soon thereafter as possible.