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103.2 – 103.4 SAFEGUARDING OF INFORMATION 10/18 Page 2
C. Client Access to Records
Clients, or their representatives, may read information about themselves contained in their own case records except for medical or mental health reports when the physician who wrote the report recommends against it. Other individuals who are or were part of the assistance unit can also read information about themselves contained in the TANF case record under the same terms and conditions. In the case of an individual who was on the TANF case as a dependent child, access to the record will be available only after the individual reaches age 18.
The agency shall not release the name or other identifying information about an individual who has made a complaint alleging child abuse/neglect, fraud, participation in illegal activities, or other questionable behaviors on the part of the client.
The local agency is advised to seek guidance from the agency’s legal counsel if there are questions about the propriety of releasing specific information, or if the agency has reason to be concerned that the safety of a client or former client might be threatened by the release of such information.
D. Penalty for the Unauthorized Release of Confidential Information
The disclosure, directly or indirectly, of confidential information contained in a case record by any officer, agency or employee of the local department shall be considered a Class 1 misdemeanor.
E. Ownership of Records
All client information contained in the local department’s records is the property of the local department. Employees of the local department shall protect and preserve such information from dissemination except as necessary for the administration of the case.
Original client records may be removed from the premises only by auditors, individuals monitoring case records, other authorized staff of the state or the local department, or by court order.
The local department may destroy records pursuant to record retention schedules referenced at 100.4.
F. Correcting Inaccurate Information
Local departments must provide means for inaccurate information to be corrected.
103.3 DISCLOSURE OF INFORMATION FROM THE INCOME ELIGIBILITY VERIFICATION
SYSTEM (IEVS)
Retention requirements and requirements regarding disclosure of information regarding all match reports received through the Income Eligibility Verification System (IEVS), including Internal Revenue Service (IRS) data, can be found in the IEVS User Guide.
TANF Transmittal 65