S.C. Code Regs. § § 114-410

Current through Register Vol. 48, No. 10, October 25, 2024

Section 114-410 - Release of Information and Records

A. Definitions.

(1) Agency--the South Carolina Department of Social Services.

(2) Client--an applicant for or recipient of aid or services granted under programs administered by the agency.

(3) Person--an individual, partnership, corporation, association, governmental subdivision or public or private organization.

(4) Public Records--records of meetings and all other records which by law are required to be kept or maintained by the agency, and includes all documents containing information relating to the conduct of the public's business prepared, owned, used or retained by the agency, regardless of physical form or characteristics. Records such as medical records and adoption records are, by law, closed to the public. This definition excludes those records concerning which it is shown that the public interest is best served by not disclosing them to the public.

(5) Releasing authority--the agency official charged with maintenance and disposition of records created or received in accordance with the administrative or specific program material for which responsible.

(6) Researcher--a person conducting a research project or study in the field of social services which has not been requested by the agency.

B. General Release Provisions.

(1) Except in the discharge of his proper duties, no person employed by the agency will furnish copies of official records or give any information which may be used as a basis of a claim against the State or the agency.

(2) In honoring requests, the releasing authority will disclose only that information which is germane to the request.

(3) Only names and amounts of assistance received by clients have been determined to be public information. All other client information is confidential.

C. Research in Agency Records.

(1) Agency records may be made available to qualified individuals for the purpose of welfare research and study.

(2) Space and facilities will be furnished by the custodian of the records to authorized researchers.

(3) Agency records will not be removed from the premises of the custodian for the purpose of research.

(4) Records transferred to the State Records Center will not be returned to the agency for use by authorized researchers.

D. Applications for Research.

(1) All requests for access to agency records for research and study must be approved in advance by the State Commissioner of Social Services. Applications will be addressed to the Commissioner, S.C. Department of Social Services, P.O. Box 1520, Columbia, S.C. 29202.

(2) Applications will contain the following information:

(a) Name and address of the researcher, and any assistants;

(b) Professional qualifications of the researcher, and any assistants;

(c) Description of the project or field of study in which the researcher is engaged;

(d) A statement of the reason for requesting the use of agency records;

(e) A reference to the particular records to which access is requested and their location;

(f) Inclusive dates during which access is desired.

(3) Prior to being granted access to agency records, each individual named in the application will be required to sign an agreement stating that:

(a) All information obtained from the records will be treated in accordance with ethical principles to prevent a clearly unwarranted invasion of personal privacy.

(b) The identity of individuals referred to in the records will not be divulged without permission of the individuals concerned.

(c) The researcher understands that permission to examine the records does not imply approval of the project or field of study by the Commissioner or the agency.

(d) All identifying entries pertaining to an individual will be deleted from abstracts or reproduced copies of documents from the records.

(e) The researcher agrees that prior to publication or dissemination he will submit his manuscript for clearance to the Commissioner, S.C. Department of Social Services, P.O. Box 1520, Columbia, SC 29202.

(f) Any published material or lectures on the particular project or study will contain a statement as follows:

"The use of Department of Social Services records in the preparation of this material is acknowledged, but it is not to be construed as implying official approval of the Department of Social Services of the conclusions presented."

E. Client Case Records.

(1) Information from case records of clients or former clients of the agency will be released only to the extent considered necessary to the accomplishment of the legitimate purposes for which the information is requested.

(2) Except when otherwise required by law, information from client case records may be released to the following persons.

(a) District Offices, Department of Social Services.

(b) County Departments of Social Services.

(c) The client or former client upon request.

(d) Direct to the next-of-kin or legal representative (upon submission by the latter of a certified copy of the court order of appointment) when the client or former client has been adjudged insane or dead. Next-of-kin or legal representative will furnish the releasing authority with the following documents, as appropriate, if not on file in the office concerned.

(i) Copy of the court order adjudging the client or former client to be insane.

(ii) Adequate proof of death of the client or former client.

(e) A representative, other than a legal representative, specifically authorized in writing by the client whose records are involved. The purpose for which the information is to be used and the nature of the service to be performed will be furnished the releasing authority.

(f) A representative, other than a legal representative, specifically authorized in writing by the next-of-kin if the client or former client is insane or dead. The purpose for which the information is to be used and the nature of the service to be performed will be furnished the releasing authority.

(g) Other governmental persons when the requesting person has a proper and legitimate need for the transcript of or information from the client case record. The following applies:

(i) If the releasing authority has doubt that the requesting person has a proper and legitimate need for the information, the latter will be requested to specify the purpose for which the information will be used.

(ii) When appropriate, the requesting person will be informed that the information will be withheld pending receipt of written consent of the client concerned.

(h) Qualified persons for the purposes of welfare research and study.

(i) Federal or State courts or other administrative bodies when required by law or pursuant to lawful court orders calling for production of the records or information in connection with civil litigation or other legal proceedings.

F. Release of Information on Agency Programs.

(1) Instructions in Sections B, C, D and E, above, do not preclude:

(a) Release of appropriate information concerning the current status of assistance and service programs conducted by the agency.

(b) Release of statistical data involving assistance and service programs of the agency.

(2) Nothing herein will be construed to preclude the release of information from records when required by law.

S.C. Code Regs. § 114-410