N.J. Admin. Code § 10:90-7.7

Current through Register Vol. 56, No. 16, August 19, 2024

Section 10:90-7.7 - Confidential nature of information

(a) Information about applicants for or recipients of WFNJ benefits shall be used or disclosed only for purposes directly related to the administration of public assistance and related services, including Title IV-E (foster care and adoption assistance programs), HUD Section 8 housing, school lunch programs, which cannot be offered without such information. County/municipal officials and appointees, members of the governing body and county/municipal employees not under the jurisdiction of the county/municipal agency director are not permitted access to public assistance records.

1. Any person or entity under contract to provide services to the program shall comply with this section.

2. The provisions of this section shall not be construed as prohibiting the exchange of information among agencies, organizations or other entities as prescribed by the Commissioner or pursuant to Federal requirements.

(b) Pursuant to the New Jersey Address Confidentiality Program Act, P.L. 1997, c. 369, eligible WFNJ participants, who are victims of family violence, may apply to participate in the New Jersey Address Confidentiality Program (ACP) to protect confidentiality of personal information for victims of family violence. The WFNJ agency shall advise individuals of the ACP in conjunction with the FVO notification process at the time of initial application. Participants that make use of this service may utilize a substitute address service and will receive security records handling from State and local government agencies.

1. An individual interested in making application for the ACP must be a victim of domestic violence who has relocated to an address unknown to the batterer. Applicants must be at least 18 years old, an emancipated minor, a parent or guardian acting on behalf of a minor or guardian acting on behalf of an incapacitated person.

2. Local victim assistance programs such as the Department of Human Services' (DHS) Designated Domestic Violence Programs and/or Rape Crisis Programs and Victim Witness Advocacy Programs (within each county prosecutor's office) will work with victims of domestic violence to complete applications and forward them to the ACP's office. An ACP staff person will review the application and certify an individual as a program participant and issue an ACP authorization card designated by the Division on Women.

3. Once accepted into the ACP, participants may use their substitute address when creating records with State and local government agencies. The ACP authorization card must be presented to an agency when requesting the use of a substitute address.

(c) Information considered confidential includes, but is not limited to, the following:

1. Names and addresses, including lists; and

2. Information contained in applications, reports of investigations, reports of medical examinations, correspondence, evaluations (whether written or verbal), and other records concerning the condition or circumstances of any person from whom or about whom information is obtained.

(d) The county/municipal agency director is authorized to release, subject to the consent of the client or as required pursuant to Federal rules, relevant and necessary information under the following circumstances:

1. For clearances on applications and cases with social service agencies, banks, Bureau of Vital Statistics, insurance companies, and so forth;

2. To procure a service or benefit for the client; or

3. To provide necessary information to agencies subcontracted to provide services and/or benefits to clients.

(e) Recipient address information shall be furnished to State and local law enforcement officials attempting to locate a fugitive felon (see 10:90-2.8 concerning fugitive felons). Likewise, pursuant to P.L. 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the safeguards listed in this section shall not prevent a county/municipal agency from furnishing a Federal, State, or local law enforcement agency with the current address of any recipient, if the agency provides the county/municipal agency with the name of the recipient and notifies the county/municipal agency that the information is necessary for the law enforcement agency to conduct official duties and the location and apprehension of the recipient is within such official duties.

(f) Information concerning applicants or recipients shall also be released to the Division of Child Protection and Permanency in instances involving child abuse and neglect as described in 10:90-7.6.

(g) Any member of the county/municipal agency staff called to testify and/or produce agency records in conjunction with a judicial or quasi-judicial proceeding shall confer with county/municipal agency legal counsel concerning the nature of testimony and the provision of records to the court.

(h) Information necessary to the performance of quality assurance reviews, regular or special audits by State staff or a municipality's registered municipal accountant (RMA) shall be released.

1. County and municipal agencies shall cooperate in any quality assurance reviews conducted by staff of the DFD. Failure to do so shall result in the imposition of penalties as prescribed by the DHS Commissioner pursuant to authority granted in 30:1-12 concerning the imposition of sanctions where agencies have failed to comply with rules promulgated by DHS.

N.J. Admin. Code § 10:90-7.7

Administrative change, 46 N.J.R. 855(b).