Information in the department's possession that concerns an applicant or recipient is considered confidential, and its use is limited to purposes directly related to the administration of the TANF program. The following uses or purposes are considered to be directly related to the administration of the TANF program:

1. (1) Establishing eligibility for the TANF program;
2. (2) Determining the amount of TANF assistance;
3. (3) Providing services to or on behalf of an eligible individual; and

4. (4) Conducting or assisting in an investigation, prosecution, or civil or criminal proceeding relating to the administration of the TANF assistance program.

   For purposes of a fair hearing, the appellant or a representative of the appellant must have an opportunity, during normal office hours, to examine the contents of the appellant's case record and all documents and records to be used by the department at the hearing.

   On request from a federal, state, tribal, or local law enforcement officer, the department shall furnish the officer with the current address of any recipient. The information must be needed to enable the law enforcement office to conduct official duties.

   Cross-References:

   Exchange of information with law enforcement agencies, Pub. L. No. 104-193, § 408(a)(9)(B) (110 Stat. 2139) (August 22, 1996).

   Public assistance records confidential -- Exceptions, SDCL 28-1-29.

Source: 24 SDR 24, effective August 31, 1997; 26 SDR 168, effective July 1, 2000; 36 SDR 103, effective December 21, 2009.

General Authority: SDCL 28-7A-3(12).

Law Implemented: SDCL 28-7A-3(12).