403 Confidentiality/Safeguarding Information

Child Care - ARW, Chapter 1, Purchase of Service SNAP - 7 CFR 272.1, .4, 273.2 and .15, 274.12 POWER - W.S. 16-4-203, 42-2-103 - 42-2-111

Public Records:

A. Consider the following as public records and make them available to the public upon request with the approval of the DFS-FO manager or designee:

1. General information which does not identify individuals;

2. Statistical information related to budgets, expenditures, numbers of applicants or recipients or other information, which does not identify individuals;

3. Documents or information which detail the policies and procedures related to the delivery and administration of programs and services administered by DFS;

B. Charge the actual copying costs to the individual/agency requesting the records.

Confidential Information:

C. Hold confidential and do not release any information that can be identified as relating to a specific individual except as specified below.

D. Consider the following as confidential:

1. The names and addresses of applicants and recipients and amounts of cash assistance provided;

2. Documents naming a specific individual(s);

3. The fact of the existence of documents naming a specific individual(s);

4. Personal facts relating to a specific individual(s);

5. The fact of application for or receipt of a program or service through DFS;

6. Information relating to the social and economic conditions or circumstance of a particular individual including information obtained from IRS and SSA which must be safeguarded in accordance with procedures set forth by those agencies; 

7. Any information known about a specific individual but not part of a case record or document.

Safeguarding Information:

E. Allow the subject, or the subject’s authorized representative, to examine, review or copy from his/her own case record any information except the following confidential information:

1. The names of individuals or other parties who have disclosed information about the subject without the subject’s knowledge;

2. Reports, correspondence or any case entry involving information from another individual, agency, organization or institution about the subject;

3. Information related to the status of prosecution of the subject.

F. Charge the individual the actual cost of the material copied except when the material copied relates to an adverse action, administrative or disqualification hearing.

G. Consider the authorization to release information on the application to authorize only the release for gathering of information as related to determining eligibility for the program or service.

H. DO NOT distribute materials such as “holiday” greetings, general public announcements, alien registration notices or voter information and registration materials. 

I. DO NOT publish names of applicants or recipients.

J. Limit the use or disclosure of information concerning clients to purposes directly connected with:

1. Any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of such programs;

2. The administration of any other federal or federally assisted program which provides cash or in-kind assistance or services directly to individuals on the basis of need;

3. Any audit or similar activity conducted in connection with the administration of any such program by any

  governmental entity, which is authorized by law to conduct such audit or activity.

K. Release confidential information to another party, other than that necessary to determine eligibility, only when the subject of the information has authorized the release to another party by completing a release form except officers and employees of the following:

1. The DVR when relating to a referral of an applicant/ recipient;

2. The Workers’ Compensation program as related to POWER work program job seekers;

3. Employees of the Tribal TANF program;

4. Federal and State agencies responsible for the operation of the various programs and services administered by DFS;

5. The SSA for establishing eligibility, determining the amount of the benefit and providing services for applicants or recipients.

6. Wyoming DWS as related to SNAP work registrants and POWER work program job seekers;

7. The Department of Education for programs administered by DFS where there is a data exchange agreement and to school officials to provide information regarding the eligibility of specified assistance units in order to determine eligibility for free or reduced price meals per Section 169 of P.L. 97-253.

L. Require any information to be released by the DFS-FO manager or designee and be directly related to legally established programs and functions of the inquiring agency or office and used only for the purpose made available.

M. Comply with a court order to release confidential information:

1. Contact the Attorney General’s office with any questions concerning the court order;

2. Understand a court order for information relieves DFS of any harm in the release of information to the court;

3. File the court order in the case file.

N. Hold confidential and do not release confidential information requested by a subpoena without written direction from the Attorney General’s office or the DFS-FO manager.

1. Follow the directions given to release the subpoenaed information; or

2. Forward a copy of the subpoena to the DFS-SO who will involve the Attorney General’s office for advice or for action to nullify the subpoena;

3. File the subpoena in the case record and document:

a. The direction given by the DFS-SO;

b. The action taken to release the information or nullify the subpoena.

O. Release confidential information to law enforcement and CPS as follows:

1. Make available, upon written request, to any Federal, State or local law enforcement officer the address, SSN and, if available, a photo ID of a recipient if the officer furnishes the recipient's name and notifies the agency the individual:

a. Is fleeing to avoid prosecution, custody or confinement for a felony;

b. Is violating a condition of parole or probation; or

c. Has information necessary for the officer to conduct an official duty related to a felony/parole violation.

2. Limit the report to law enforcement concerning a fugitive felon to the felon’s address when a law enforcement officer has not requested the information;  (W.S. 42-2-111)

3. Report to the CPS, any cases of known or suspected physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a minor parent and/or a child receiving Child Care and/or POWER that threatens the minor parent's and/or the child's health or welfare.  (DFS is required to provide all information available regarding such situations to the proper officials, which may include law enforcement agencies.)

4. Assist law enforcement officials and the family of a minor mother to pursue the filing of criminal charges against the father of the minor mother's child if the minor mother conceived her child while under 16 years of age and the father was at least four years older than the minor mother at the time of conception.  (The Benefit Specialist is to refer these cases to CPS for referral to law enforcement.) (W.S. 42-2-103)

P. Allow materials to be sent or distributed to applicants, recipients, or medical vendors, which are in the immediate interest of the health and welfare of clients such as  

  announcements of free medical examinations, availability of surplus food and consumer protection information.