N.J. Admin. Code § 10:87-1.14

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:87-1.14 - Confidentiality and disclosure of information

(a) The CWA shall restrict the use or disclosure of information obtained from applicant or recipient households to persons directly connected with the administration or enforcement of the NJ SNAP program, WFNJ/TANF, jointly-processed WFNJ/GA households, SSI, Medicaid, Child Support and Paternity program (CSP), IEVS, Federally funded child welfare programs, including SACWIS or with any other Federal or Federally aided, means-tested assistance programs.

1. The verification of immigration documents of aliens applying for NJ SNAP benefits will be accomplished through the Systematic Alien Verification for Entitlements (SAVE) program and is subject to the same confidentiality safeguards afforded other programs.

2. The New Jersey Department of Labor may access information regarding NJ SNAP recipients for the purpose of administering the NJ SNAP ETP.

3. Agencies administering an NJ SNAP Nutrition Education Plan approved by USDA may access information regarding NJ SNAP recipients for the purpose of administering the Nutrition Education Plan.

(b) The CWA may release information concerning an applicant or recipient household in the following situations only:

1. Upon written request, the CWA shall cooperate in furnishing information to Federal, State or local law enforcement agencies in any investigation that concerns a household or person fraudulently obtaining benefits or otherwise violating the statutory provisions of the Food and Nutrition Act of 2008 ( 7 U.S.C. §§ 2011 et seq.) and/or FNS and/or State rules. The law enforcement agency must provide a written request, which shall include the identity of the individual requesting the information and his or her authority to do so, the violation being investigated and the identity of the person about whom the information is requested.

i. CWAs shall make available, upon request, to any Federal, State or local law enforcement officer the address, photograph (if available) and Social Security number of an NJ SNAP recipient. The officer must furnish the recipient's name, and must notify the CWA that the recipient is fleeing to avoid prosecution, custody or confinement for a felony, is violating a condition of parole or probation or the CWA has information necessary for the officer to conduct an official duty related to a felony or parole violation.

2. Staff members shall provide such testimony as may be mandated by a court of competent jurisdiction in connection with administration and enforcement of the NJ SNAP program (see (a) above).

3. Upon written request by the household, the household may waive its rights to confidentiality of information and the CWA shall make disclosure of information but only to the extent specifically authorized by the waiver.

4. If there is a written request by a responsible member of the household, its current authorized representative, or a person acting in its behalf to review materials in its case file, the material and information contained in the case file shall be made available during normal business hours.

i. The CWA may withhold confidential information, such as the names of individuals who have disclosed information about the household without the household's knowledge, or the nature or status of pending criminal prosecutions.

5. Information and records shall be released to parties directly involved in a fair hearing procedure (see 10:87-8.6(a) and 8.14(a)).

6. The furnishing of any lists of names and/or addresses or both for purposes not directly related to the provisions of (a) above is specifically prohibited.

7. The disclosure of information in connection with the performance of a quality control review or State audit shall be permitted.

8. The CWA shall make available, to the CSP's Parent Locator Service, NJ SNAP case file information to assist the CSP program, under Title IV-D of the Social Security Act.

9. Households that provide an NJ SNAP or WFNJ/TANF case number on the school meal application are categorically eligible for free school meals. The CWA shall honor requests from school officials to verify NJ SNAP program participation for households applying for free school meals. The CWA shall not release any information with regard to the household beyond the verification of NJ SNAP program participation. Section 169 of the Food Stamp Application Privacy Act ( P.L. 97-253) allows such information to be provided to officials verifying eligibility for free school meals.

10. The CWA shall furnish information to employees of the Comptroller General's Office of the United States for audit examination authorized by any other provision of law.

(c) Recipients of information released under this section must adequately protect the information against unauthorized disclosure to persons or for purposes not specified in this section. In addition, information received through the IEVS must be protected from unauthorized disclosure as required by regulations established by the information provider. Information released to the State agency pursuant to section 6103(l) of the Internal Revenue Code of 1954 shall be subject to the safeguards established by the Secretary of the Treasury in section 6103(l) of the Internal Revenue Code and implemented by the Internal Revenue Service in its publication, Tax Information and Security Guidelines.

(d) Participants in the New Jersey Address Confidentiality Program (ACP) established by P.L. 1997, c. 369 to safeguard the identity and residence of victims of domestic violence shall be treated in the disposition of their NJ SNAP case records as follows:

1. Only residents of New Jersey are eligible to participate in the ACP. A photocopy of the individual's signed ACP participation card shall be retained in the individual's case record, and shall serve as documentation of the ACP participant's identity and residence.

2. CWAs shall not include in the case record any information which identifies the ACP participant's residence, including mortgage/rent, utility, and tax or insurance bills or receipts. The Department of Community Affairs (DCA) will act as a liaison on behalf of the individual, and will provide the CWA with written information that documents the requested expenses that the ACP participant is incurring.

3. The address utilized for the ACP participant to receive mail is essentially a "mail drop." Therefore, when sending a notice to an ACP participant, the CWA shall allow an additional five days for the recipient to take action. However, this does not apply to a Families First EBT aging notice, which shall remain at 10 days.

4. In the event that Federal, State, or local agency staff must speak directly with the ACP participant, the Request for Contact procedures at 10:87-9.5 shall be followed.

N.J. Admin. Code § 10:87-1.14

Amended by R.1985 d.179, effective 4/15/1985.
See: 17 N.J.R. 166(a), 17 N.J.R. 968(b).
(b)8 added.
Amended by R.1985 d.475, effective 9/16/1985.
See: 17 N.J.R. 1377(b), 17 N.J.R. 2273(a).
Substantially amended.
Amended by R.1989 d.121, effective 2/21/1989.
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b).
Substantially amended.
Amended by R.1990 d.565, effective 11/19/1990.
See: 22 N.J.R. 2219(a), 22 N.J.R. 3486(a).
Specified that county welfare agencies are to release information to school districts for verification of eligibility for free school meal programs.
Amended by R.1998 d.498, effective 10/5/1998.
See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b).
Rewrote (a); and in (b)1, added I.
Amended by R.1999 d.6, effective 1/4/1999.
See: 30 N.J.R. 3451(a), 31 N.J.R. 69(a).
In (a) and (b)9, substituted references to WFNJ/TANF for references to AFDC; and in (a), inserted a reference to Federally-funded child welfare programs, including the Statewide Automated Child Welfare Information System (SACWIS).
Amended by R.2004 d.181, effective 5/17/2004.
See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a).
Deleted the introductory phrases throughout; in (b), substituted "benefits" for "coupons" in 1 and amended the N.J.A.C. reference in 5; added (c) and (d).
Amended by R.2012 d.031, effective 2/6/2012 (operative March 7, 2012).
See: 43 N.J.R. 2114(a), 44 N.J.R. 241(a).
Rewrote (a) and (b)1; in (b)2 and (b)9, substituted "NJ SNAP program" for "Food Stamp Program" throughout; in (b)8, substituted "NJ SNAP" for "food stamp"; in (b)9, substituted "an NJ SNAP" for "a food stamp"; and in the introductory paragraph of (d), substituted "c. 369" for "c.369" and "NJ SNAP" for "Food Stamp".