Page 9

2

The Department of Social Services does not exclude, deny benefits to, or otherwise discriminate against any person on the ground of race, color, or national origin, or on the basis of disability or age in admission or access to, or treatment or employment in, its programs, activities, or services, whether carried out by the Department of Social Services directly or through a contractor or any other entity with which the Department of Social Services arranges to carry out its programs and activities; or on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation or disability in admission or access to, or treatment or employment in, its programs, activities, or services when carried out by the Department of Social Services directly or when carried out by sub-recipients of grants issued by the United States Department of Justice, Office on Violence against Women.

1.4 Confidentiality & Disclosure DSS is bound by specific laws and regulations regarding confidentiality as explained under the following South Dakota Codified Law: SDCL 28-1-29- Public Assistance records confidential—Exceptions. All applications and records concerning any applicant for, or recipient of, public assistance provided under the laws of this state through the Department of Social Services shall be confidential except: • For inspection by persons duly authorized by this state or the United States in connection with their official duties; • For the purpose of fair hearings provided by law.

1.4.1 Disclosure Restriction Attorney requests for information. If an attorney calls and requests information specific to a recipient of Child Care Assistance or a child care provider receiving reimbursement from the program, staff can respond as follows: “The information you are asking for is considered confidential under South Dakota Codified Laws (SDCL) 28-1-29 and 28-1-32. Should a court-ordered subpoena be issued in this matter, Child Care Services will then release the requested information”. If the request of information is regarding a child care provider, the caller must be referred to the Office of licensing and accreditation (OLA).

Should a recipient of Child Care Assistance request documents they have provided for his/her own case file, that information may be released upon request from the recipient.

***If someone is requesting information over the phone regarding their own case status or payment information, the caller must be able to provide some type of identifier to verify that the person is who they say they are. The information should be something that only that person would know such as; social security numbers, provider number, dates of birth, household members. If there is any doubt that the person might not be who they say they are, CCA staff shall require that the request must be submitted in writing.

Authorization to Release Information Form 211. Specific case information may be shared with child care programs provided that the Authorization to Release Information Form 211 is signed by the applicant. *Third party DocuSign is not a valid applicant signature. The Authorization to Release Information Form 211 allows CCA to share case eligibility information with the child care provider. This information shall be limited to case specific information regarding eligibility determination and factors on how eligibility was determined.

Tips • If a child care provider calls requesting payment information, they must be able to provide their state-assigned provider license number prior to any information being given. If there is any question regarding the validity of the caller’s identity, the request must be submitted in writing. • If a child care provider calls requesting the case status of an individual and is listed as the provider on the application and if the provider is able to give their state-assigned provider