Page 26

Delaware’s TANF State Plan 10-1-2017 to 9-30-2020

26

Protection of Privacy of Assisted Families

31 Delaware Code, Chapter 11, Section 1101 provides that public assistance information and records may be used only for purposes directly connected with the administration of public assistance programs. Thus, all information gathered regarding individuals for public assistance purposes is considered confidential and will be safeguarded by DSS. By safeguarding public assistance information, DSS protects its clients from being identified as a special group based on financial needs and protects their right to privacy.

General information regarding expenditures, numbers of clients served, and other statistical information is a matter of public record and may be made available to any interested party. Other than the exceptions noted below, DSS will not release any information regarding a particular individual without the individual's written consent.

1. DSS Regional Operations Managers have the authority to disclose the address of a recipient to a federal, state or local law enforcement officer at the officer's request if the officer furnishes the agency with the name of the recipient and notifies the agency that the recipient: • Is fleeing to avoid prosecution; or • Is a fleeing felon (or in the case of New Jersey is fleeing from conviction of a high misdemeanor); or • Is violating a condition of probation or parole; or • Has information that is necessary for the officer to conduct his or her official duties; and • The location or apprehension of the recipient is within such official duties.

2. If a law enforcement officer requests information that does not meet the guidelines indicated above, a subpoena from a court of law is required before the information can be released.

3. DSS is required to report to the Division of Family Services in situations where it believes a home is unsuitable because of neglect, dependency, abuse, or exploitation of a child. • A Court Appointed Special Advocate (CASA) is given permission to inspect and/or copy any records relating to the child and his or her family guardian without their consent. The CASA has the authority to interview all parties having significant information relating to the child.