Ala. Admin. Code r. 660-1-6-.08

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

Section 660-1-6-.08 - Access Within The Department

(1) As a general rule, access to case records and other confidential information among Department Bureaus, Divisions, and Departments shall not be allowed.

(2) Child Abuse and Neglect records and other confidential information may only be disclosed or released under those circumstances as outlined in Rule 660-1-6-.05, or to the Division of Legal Services, Division of County Operations, or those administrators or Department personnel with a need to know.

(3) Child foster care and adoption assistance case records or other confidential information may be disclosed or released in connection with programs operated under Titles I, IV-A, IV-B, IV-C, IV-D, V, X, XIV, XVI, XVI (SSI), XIX, or XX of the Social Security Act and the TANF/JOBS program. Such records or information may also be disclosed or released in connection with other federal or federally assisted programs providing assistance, in cash, or in kind, or services, directly to individuals on the basis of need.

(4) Temporary Assistance to Needy Families(TANF) and Job Opportunities and Basic Skills Training(JOBS)case records and other confidential information may be disclosed or released in connection with programs operated under Titles I, IV-A, IV-B, IV-C, IV-D, X, XIV, XVI (AABD), XVI (SSI), XIX, or XX of the Social Security Act and the TANF/JOBS program. Such records or information may also be disclosed or released to other federal or federally assisted programs providing assistance, in cash, or in kind, or services, directly to individuals on the basis of need.

(5) Food stamp case records and other confidential information may be disclosed or released in connection with other federal or federally aided, means tested programs, such as Titles IV-A (AFDC), XIX (Medicaid), or XVI (SSI) or with general assistance programs subject to the joint processing requirements of 7 C.F.R. § 273.2(j)(2) and the TANF/JOBS program.

(6) Child support case records and other confidential information may be disclosed or released in connection with programs operated under Titles II, IV-A, IV-B, IV-C, IV-D, X, XIV, XVI, XVI (SSI), XIX, or XX of the Social Security Act and the TANF/JOBS program. Such records or information may also be disclosed or released to any other federal or federally assisted programs providing assistance, in cash, or in kind, or services, directly to individuals on the basis of need.

(a) Upon request of the agency, the Department shall release or disclose to a consumer reporting agency information regarding the amount of overdue support owed by noncustodial parents who meet the following criteria:

(1) The custodial parent or caretaker of the child or children for whom the noncustodial parent owes support is a recipient of Title IV-D services.

(2) The overdue support is $1,000.00 or more.

(3) There has been no good cause determination or court order otherwise prohibiting enforcement of a child support obligation.

(b) The Department shall provide advance notice to the absent parent who owes the support of the proposed release of information to specific consumer credit reporting agency or agencies. The Department shall also inform the noncustodial parent of the methods available to contest the accuracy of the information.

(1) The term "request" means a written statement asking for child support payment information on an individual, group, or all noncustodial parents. This request must also state that the requesting party is a consumer reporting agency under 15 U.S.C. § 1681a.

(2) The term "consumer reporting agency" means any person which, for monetary fees, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

(7) Adult Protective Service Records and other confidential information may be disclosed or released only under those circumstances as outlined in Rule 660-1-6-.11, or to the Division of Legal Services, Division of County Operations, or those administrators or Department personnel with a need to know.

(8) Adult services records or other confidential information may be disclosed or released in connection with programs operated under Titles I, IV-A, IV-B, IV-C, IV-D, V, X, XIV, XVI, XVI (SSI), XIX, or XX of the Social Security Act and the TANF/JOBS program. Such records or information may also be disclosed or released in connection with other federal or federally assisted programs providing assistance, in cash, or in kind, or services, directly to individuals on the basis of need.

Ala. Admin. Code r. 660-1-6-.08

Effective March 22, 1985; amendment effective June 10, 1985. Succedent amendment effective September 9, 1985. Succedent emergency amendment effective February 5, 1986. Succedent permanent amendment effective May 28, 1986. Succedent permanent amendment effective December 10, 1991. Amended: Filed March 7, 2007; effective April 11, 2007. Amended: Filed August 6, 2009; effective September 9, 2009.

Author: Department of Human Resources

Statutory Authority:7 U.S.C. § 2020; 42 U.S.C. §§ 602, 671(a)(8), 1392a ; 7 C.F.R. 272.1(c); 42 C.F.R. § 431.306; 45 C.F.R. §§ 205.50(a)(1)(i), 303.105 ; Code of Ala. 1975, §§ 26-14-8, 38-2-6, 38-7-13, 38-9-6, 41-22-4.