Ala. Admin. Code r. 660-1-6-.06

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-1-6-.06 - Client Access To Records

(1) As a general rule, applicants, clients, and recipients or their representatives are not entitled to access to their case records or other confidential information.

(2) Where the Department has taken adverse action and a Department administrative hearing has been requested, the affected applicant, client, or recipient, or their Authorized representative, shall, upon request, have access to that portion of the case record relating to the adverse action expected to be placed in evidence at the hearing. Confidential information, such as Child Abuse and Neglect reports and records, shall remain confidential and not subject to release or disclosure unless it will be placed in evidence at the hearing.

(3) Applicants, clients, recipients, or their Authorized representatives are entitled to access to Child Abuse and Neglect reports and records where disclosure or release is Authorized by law as outlined in Rule 660-1-6-.05.

(4) Applicants, clients, recipients or their authorized representatives are entitled to access where a court of law of competent jurisdiction has ordered access to the case records.

(5) Applicants, clients, recipients or their Authorized representatives are entitled to access where federal or state laws or regulations or other Administrative Rules of this Department require or allow access to the case records.

(6) Upon reaching age 19, any person placed by the Department or a licensed child-placing agency shall be entitled to receive from the Department information concerning his placement, except, the name and address of a natural parent or relative shall be disclosed by the Department only with the consent of the natural parent or relative. If the natural parent(s) are dead, information may be disclosed or released concerning their names and addresses, even though their consent had not been secured prior to the time information is sought.

(7) The Department shall disclose information on the amount of assistance or period of eligibility of a client at the request of the client or with the client's consent.

(8) The provisions of this rule also apply to persons holding licenses, permits, or approvals issued by the Department.

(9) Child support payment records contain confidential information and may not be disclosed outside the administration of the IV-D program Payment records may be released to the custodial or noncustodial party to whom they pertain. They may be provided to the courts and other entities or individuals if it is for the purpose of the IV-D program (i.e. enforcing and collecting child support). Payment records may only be released to individuals or entities outside the administration of the IV-D program with signed authorization from the custodial or noncustodial parent. Payment information is available to the custodial or noncustodial party in a variety of formats, including information available in person, by telephone, via the Internet, in paper or electronic form. The terms of the court order may also be released with the payment history.

Ala. Admin. Code r. 660-1-6-.06

Effective March 22, 1985. Amendment effective May 10, 1985. Amended: Filed January 5, 2004; effective February 9, 2004. Amended: Filed August 6, 2009; effective September 9, 2009.

Author: James E. Long

Statutory Authority:Code of Ala. 1975, §§ 26-14-8, 38-2-6, 38-7-13, 41-22-4.