§17-1601-5 - Disclosure of information to applicants, recipients, or entities designated by the applicant or recipient to receive confidential information.

§17-1601-5 Disclosure of information to applicants, recipients, or entities designated by the applicant or recipient to receive confidential information. (a) Except as specified in section (b), copies of the records and other information may be released to an applicant or recipient, or to the applicant's or recipient's designee in accordance with departmental procedures, provided that a signed, dated, written request or consent (authorization)to release information from the applicant or recipient is received specifying:

(1) The specific information the branch is authorized to disclose;

(2) The name of the individual or agency authorized to receive the information;

(3) The purpose for which the information is being requested;

(4) The applicant or recipient's social security number and birth date and address;

(5) The expiration date, or expiration event that

relates to the applicant or recipient or the purpose of the authorization, and also specifying that if no expiration date or expiration event is specified the authorization shall expire one year from the date the authorization is signed; and

(6) Whether the information is desired through review or by receipt of reproduced copies of the information.

(b) Information requested for the purpose of conducting a child abuse/neglect clearance shall be requested on a department form.

(c) The identity of the person consenting to the release of information shall be authenticated in accordance with departmental procedures.

(d) Reproduced copies of information contained in the department's records, which the department is authorized to release, shall be provided at a cost related to the cost of reproduction, including but not limited to staff time to review, redact and duplicate the requested record. When the information is required for the purpose of presenting the applicant's or recipient's hearing appeal, there shall be no charge. In either case, actual postage cost shall be charged.

(e) Records and information concerning a child may be released to the child, legal custodian, guardian ad litem, or foster custodian as deemed appropriate by the department and in accordance with departmental procedures.

(f) The department shall permit the review of that portion of the record which pertains to the applicant or recipient or provide a copy of the portion of the record pursuant to Chapter 92F-23, HRS.

(g) Records shall be reviewed only in designated areas within the department's offices, in accordance with departmental procedures. The records or any part of the records shall not be copied or removed from the premises except in accordance with departmental procedures.

        [Eff DEC 09 2004 ] (Auth: HRS §§346-10, 346-14; 45 C.F.R. §205.50) (Imp: HRS §§92-21, 92F-21, 92F-22, 92F-23, 346-10, 346-14(10); 45 C.F.R. §205.50

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