1002 Confidentiality

Georgia State Seal

Georgia Division of Family and Children Services
TANF Policy Manual

Policy Title:

Confidentiality

Effective Date:

August 2019

Chapter:

1000

Policy Number:

1002

Previous Policy Number(s):

MT 41

Updated or Reviewed in MT:

MT-49

Requirements

Information concerning Temporary Assistance for Needy Families (TANF) applicants or recipients (A/R) is restricted to purposes directly connected to the administration of the TANF program.

Basic Considerations

The state statute that provides the legal basis for safeguarding the confidentiality of assistance-related information is the Official Code of Georgia Annotated 49-4-14. This statute restricts the use or disclosure of information concerning applicants for or recipients of public assistance to purposes directly connected to the administration of public assistance.

In addition, various Federal regulations specifically forbid the release of TANF Program information to unauthorized persons or agency representatives.

All case record material is confidential, including names and addresses of applicants and recipients (A/R), as well as the types and amounts of benefits provided.

Interviews should be conducted in a confidential setting.

Records, information and communication of the Division, including County Departments of Family and Children Services, that identify applicants for, or recipients of, cash assistance under the TANF program, are confidential and are not considered public records.

The disclosure of information concerning applicants and recipients is limited to purposes directly connected with the administration of the TANF Division, and to the administration of other Federal assistance programs and federally assisted state programs which aid on a means-tested basis to low-income individuals/families. These programs include:

  • Food Stamps

  • Child Support

  • IV-E Foster Care

  • Adoption Assistance

  • SSI

  • Medicaid

  • Office of Inspector General-Benefits Recovery Unit

  • Human Services

  • Social Security Administration

  • Income Eligibility Verification System (IEVS), and

  • the General Office of the U.S.

The purpose of disclosing the client’s information to other programs is establishing eligibility, determining the amount of benefits and providing services to the applicants and/or recipients. Information used solely for these purposes can be released without the consent of the applicant or recipient.

Confidential information can also be released without the consent of the client in the following situations if:

  • the authorized persons are conducting an investigation, prosecution, or criminal proceeding in connection with the administration of any of the programs listed above.

    Such investigations include, but are not limited to, audits, quality control reviews, and fraud investigations.

  • the authorized persons are conducting research and the research findings will be useful in the administration of any of the programs listed above. The Division Director, Section Director, Field Director or County Director must decide if the research will be useful.

    A researcher who wishes to collect information directly from a client must be authorized by the Division Director and comply with DHS policy concerning confidentiality and access to records.

  • During an emergency in which previous attempts to obtain the A/R’s consent have been unsuccessful, and it is the judgment of the Division Director, Section Director, Field Director or County Director that the release of information is necessary to prevent loss of life or a risk to life or health.

    Notification must be sent immediately to the last known address of the A/R when information is released in such a situation.

  • Confidential information may be disclosed to other divisions within the Department of Human Services (DHS), including county departments, or to staff of Federal or Federally funded programs that provide financial assistance or services to the client if the information is to be used for the purpose of service delivery or program administration.

    Clients should be informed about policy concerning the exchange of information between service providers.

  • The current address of a TANF recipient who is a fleeing felon or parole violator to avoid prosecution, custody or confinement for a felony may be disclosed to a law enforcement officer if the officer provides the A/R’s name and Social Security number to the agency and if the officer demonstrates to the satisfaction of the agency that the A/R is a fleeing felon or parole violator.

    The case record must be clearly documented regarding the evidence presented, including the name of the law enforcement official to whom the information was given.

The release of confidential client information in any of the situations is restricted to persons or agency representatives who are subject to standards of confidentiality comparable to those employed by the Georgia Department of Human Services.

Certain information in a client’s case record may have come from another office or agency and be marked as prohibited from release without the client’s written consent, e.g., confidential medical information. Such information can only be released to the client, the client’s legal representative, or the court. Any other request for the document must be made to the office or agency that was the source of the document.

Information about TANF applicants and recipients may be provided to a committee or legislative body without the client’s written consent if it can be verified that the information is needed for any of the aforementioned reasons.

If it cannot be shown that the request meets any of these criteria, the requested information cannot be provided to a committee or legislative body.

Release of Information to an Applicant/Recipient

If requested, the case record must be made available for examination by the A/R and/or the A/R’s legal representative. Material presented at a hearing that constitutes the basis for a decision must be made available to the client and/or the client’s legal representative, with one exception.

Refer to Appendix B, Hearings, for policy regarding release of case information for hearings.

Medical information marked “confidential” by a physician or mental health professional may be withheld from the A/R if it is believed that release of the information could be harmful to the A/R.

If the A/R requests information that cannot be released, the A/R should be referred to the health professional who provided the information and determined that it needed to remain confidential.

Information regarding a pending criminal prosecution cannot be released to the A/R. The state agency may withhold confidential information, such as the names of individuals who have disclosed information about the AU without the AU’s knowledge.

Information obtained from/through an IRS/BEER match or IRS cannot be released to the A/R.

If an A/R requests to examine information in his or her own denied case, the documented reason for denial and any plan for subsequent action from the case record must also be provided to the A/R.

Other Requests for Information

Whenever a request for information is received from a source not mentioned in this section, the A/R’s written permission must be obtained prior to the information’s release.

A signed authorization form from the A/R entitles the person requesting the information to all relevant information in the case record described or encompassed in the A/R’s authorization. The authorization expires after 90 days unless the A/R specifies a shorter authorization period.

If an A/R is a minor or mentally incompetent, any authorization for release must be signed by the A/R’s parent, guardian, legally responsible agent, or a person authorized by the A/R’s legally responsible agent to act on behalf of the A/R.

If the A/R is incapable of signing such an authorization, the authorization must be signed either by the A/R’s legally responsible agent or a person with the written permission of the A/R or the A/R’s legally responsible agent to act in the A/R’s behalf.

The same policies already described in this section also apply to requests for information received from other government agencies, the courts, or law enforcement officials outside of the program areas described above.

When a client or legal representative requests information from or inspection of the case record, the request should be made in advance of the time by which the information is needed.

The agency shall cooperate by establishing a time and place convenient for the client or the client’s legal representative for receipt of the information or inspection of the case record.

Economic Support Services (ESS) staff can release information only in compliance with the guidelines. A staff person must consult with his/her immediate supervisor should there be any question regarding the propriety of releasing a piece of information.

Any person violating this law shall be guilty of a misdemeanor.

General Information

General information that is not identified with an individual does not need to be safeguarded. Such information may be released upon request. Examples include statistical information of the numbers of TANF recipients, total expenditures of TANF funds, or system-derived social data.

DFCS may charge for copies of case record material.

Employee Cases

An employee may be eligible for certain public assistance benefits.

Employees who apply for or are receiving benefits as a member of a household must notify their immediate supervisor. All employees' cases must be handled by a supervisor or the supervisor’s designee.

Each county should develop a plan for limited access to cases involving employees by other staff members and by the employee.

The District Manager must be notified of any employee receiving benefits and must approve the plan for handling the employee cases.

Employees should not handle the applications or cases for their relatives or personal friends and should immediately notify their respective supervisor if faced with such a situation.

Employees should not be appointed the authorized representatives unless approved by the District Manager.

The employee/client must comply with all requirements of the program in which he or she is participating including the prompt and accurate reporting of all changes in income or household circumstances, as required by the policy.

If an employee acts on, or views the case of another employee, a relative or an individual of personal interest, he or she may be subject to disciplinary action and/or prosecution for a second- or third-degree felony.