Sec. 102.30 - Confidentiality of Case Information

ยง 102.30. Confidentiality of Case Information

a) For the protection of clients, any information about a client or case is confidential and shall be used only for purposes directly related to the administration of the assistance programs. The following shall be considered as included in the administration of the programs:

1) The establishment of a client's initial or continuing eligibility for public assistance;

2) The establishment or the extent of an individual's need for financial assistance, medical assistance or other services; and

3) The establishment of procedures assuring the health and safety of the client.

b) Use or information for commercial, personal, or political purposes is specifically prohibited.

c) Local office staff shall inform all agencies and governmental departments to whom information is furnished that this material is confidential and must be so considered by the agency or governmental department.

d) Aid to Families with Dependent Children (AFDC):

1) The Department shall release or provide information for use concerning individuals applying for or receiving financial assistance or services only to persons or agency representatives who are subject to standards of confidentiality which are comparable to those maintained by the Department.

2) Whenever possible, the Department shall inform a family or individual of a request for information from an outside source, and shall obtain permission to meet the request. In an emergency situation when prior consent for the release cannot be obtained, the Department shall notify the family or individual immediately after the release.

3) In the event a subpoena is served on the Department for it to produce a case record or for a Department representative to testify concerning an applicant or recipient, the Department shall call the court's attention through proper channels to the statutory provisions and its policies, rules and regulations against disclosure of information.

4) This section shall apply to all requests for information from an outside source, including a governmental authority, the courts or a law enforcement official.

5) The current address of clients who are fugitive felons shall be disclosed to State and local law enforcement officers without client consent. A fugitive felon is a person who has been convicted of committing a felony such as murder or arson, and who is evading arrest for the charges upon which the felony conviction was based. The current address of clients shall be disclosed only to properly identified (i.e. law enforcement badge and/or identification card) State and local law enforcement officers who:

A) Provide the Department with the name and social security number of the client; and

B) Satisfy the requirements of 45 CFR 205.50(a)(v)(A)-(C)(1984). The client shall not be advised of the disclosure of such information.

e) Food Stamps

1) For the protection of food stamp households use or disclosure of individual or case information obtained from the household is restricted to the following:

A) persons directly connected with the administration or enforcement of the provisions of the Food Stamp Act of 1977 ( 7 U.S.C. 2011 et seq.) or regulations;

B) persons directly connected with other Federal or federally aided, or State means-tested assistance programs;

C) Illinois State agencies involved in investigations of reports of child abuse or neglect, including the Department of Children and Family Services;

D) employees of the Comptroller General's Office of the United States for audit examination;

E) local, State or Federal law enforcement officials, upon their written request for the purpose of investigating an alleged violation of the Food Stamp Act of 1977 or regulations. The written request shall identify the official making the request and the authority to do so; the violation being investigated; and the identity of the person on whom the information is requested.

2) If a written request to review materials in the case record is submitted by a responsible household member, the household's currently authorized representative or a person acting in the household's behalf, the material and information in the case record shall be made available for inspection during normal business hours. However, the local office 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.

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Amended at 9 Ill. Reg. 14704, effective September 13, 1985

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