16 Del. Admin. Code § 1000-1003
7 CFR 272.1(c); 45 CFR 205.50, 31 Del. Code § 1101
This policy applies to all DSS and DMMA staff who have access to public assistance information and records.
Public assistance information and records may be used only for purposes directly connected with the administration of public assistance programs. All information gathered about individuals or families for public assistance purposes is considered confidential and will be safeguarded by DSS and DMMA.
The Divisions will not release any information regarding an individual without the individual's written consent.
| Exceptions: |
| 1. DSS may give the address of a cash assistance recipient to a law enforcement agency in certain situations. See DSSM 1003.2. |
| 2. DSS may give information about food benefit applicants and recipients to a law enforcement agency in certain situations. See DSSM 1003.2.1. |
| 3. General information about expenditures, numbers of clients served, and other statistical information is a matter of public record and is available to any interested party. |
45 CFR 205.50(a)(1)(v), PRWORA,31Del. Code § 1101
This policy applies whenever a law enforcement agency requests confidential information about a TANF cash assistance recipient. Only the address of the recipient may be released.
The address of a TANF recipient may be released to a law enforcement officer if the officer requests the information. The officer must tell the agency that the individual:
Only the Operations Administrator (OA) has the authority to release the address of a TANF cash assistance recipient to a law enforcement officer. The OA may delegate this authority to a designee.
7 CFR 272.1(c)(1); PRWORA,31Del. Code § 1101
This policy applies whenever a law enforcement agency makes a written request for confidential information about a food benefit applicant or recipient.
Only the Operations Administrator (OA) has the authority to release information about a Food Supplement Program (FSP) applicant or recipient household to a law enforcement officer. The OA may delegate this authority to a designee.
The request must be in writing and include:
DSS can release the following about a food benefit household member
If the law enforcement officer provides verification that a household member is fleeing to avoid prosecution or custody for a felony, or has violated a condition of probation or parole, DSS will terminate the member's participation.
45 CFR 205.50(a)(1)(i)(G)
This policy applies to all DSS and DMMA staff. It applies any time a DSS or DMMA worker suspects a home is unsuitable because of abuse, neglect, or exploitation of a child.
The worker will make a report to the Division of Family Services whenever the worker suspects a home is unsuitable due to abuse, neglect, or exploitation of a child.
31Delaware Code § 3610
This policy applies any time a Court Appointed Special Advocate (or guardian ad litem) requests information about a child and his [parent]or guardian and provides pertinent details of the reasons for the release of information.
DSS and DMMA staff will permit a Court Appointed Special Advocate (or guardian ad litem) to review and/or copy any records relating to the child and his or her [parent]or guardian. (The CASA does not have to have the consent of the child or the child's family.)
Any time information is released, staff will:
45 CFR 205.50(a)(1)(i)(B) and (C); 7 CFR 272.1(c)
This policy applies any time persons or groups other than law enforcement or Court Appointed Special Advocates make a request for confidential information. It also applies if the information is being released for reasons other than reporting suspected abuse, neglect or exploitation of a child. This policy applies to DSS and DMMA staff.
Staff may release public assistance program information if needed [in connection with the administration of DHSS plans or programs]for any of the following reasons:
| [Exception: Staff will not release Food Supplement Program information if the request is for a civil proceeding.] |
Staff may release information if it is needed for the administration of any federal or federally assisted program.
The program must provide assistance (in cash or in kind) or services directly to individuals on the basis of need.
Staff must assure that the information will remain confidential and will be used only to pursue services for the individual. Other means-tested programs include the
Staff will release information to other agencies only with written permission of the recipient. Examples of other agencies are Children & Families First, Catholic Social Services, Legal Aid, etc.
Lists of recipients may be released to other governmental agencies if the information will be used to perform services for DSS or DMMA and the agency can assure that the information will remain confidential.
16 Del. Admin. Code § 1000-1003