89 Ill. Adm. Code 102.30
Confidentiality of Case Information
Section 102
Section 102.30
Confidentiality of Case Information
a) For the protection of clients, any information about a client
or case is confidential and shall be used only for purposes directly related to
the administration of the assistance programs. The following shall be
considered as included in the administration of the programs:
1) The establishment of a client's initial or continuing
eligibility for public assistance;
2) The establishment or the extent of an individual's need for
financial assistance, medical assistance or other services; and
3) The establishment of procedures assuring the health and safety
of the client.
b) Use or information for commercial, personal, or political
purposes is specifically prohibited.
c) Local office staff shall inform all agencies and governmental
departments to whom information is furnished that this material is confidential
and must be so considered by the agency or governmental department.
d) Aid
to Families with Dependent Children (AFDC):
1) The Department shall release or provide information for use
concerning individuals applying for or receiving financial assistance or
services only to persons or agency representatives who are subject to standards
of confidentiality which are comparable to those maintained by the Department.
2) Whenever possible, the Department shall inform a family or
individual of a request for information from an outside source, and shall
obtain permission to meet the request. In an emergency situation when prior
consent for the release cannot be obtained, the Department shall notify the
family or individual immediately after the release.
3) In the event a subpoena is served on the Department for it to
produce a case record or for a Department representative to testify concerning
an applicant or recipient, the Department shall call the court's attention
through proper channels to the statutory provisions and its policies, rules and
regulations against disclosure of information.
4) This section shall apply to all requests for information from
an outside source, including a governmental authority, the courts or a law
enforcement official.
5) The current address of clients who are fugitive felons shall
be disclosed to State and local law enforcement officers without client
consent. A fugitive felon is a person who has been convicted of committing a
felony such as murder or arson, and who is evading arrest for the charges upon
which the felony conviction was based. The current address of clients shall be
disclosed only to properly identified (i.e. law enforcement badge and/or
identification card) State and local law enforcement officers who:
A) Provide the Department with the name and social security number
of the client; and
B) Satisfy the requirements of 45 CFR 205.50(a)(v)(A)-(C)(1984).
The client shall not be advised of the disclosure of such information.
e) Food
Stamps
1) For the protection of food stamp households use or disclosure
of individual or case information obtained from the household is restricted to
the following:
A) persons directly connected with the administration or
enforcement of the provisions of the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.) or regulations;
B) persons directly connected with other Federal or federally
aided, or State means-tested assistance programs;
C) Illinois State agencies involved in investigations of reports
of child abuse or neglect, including the Department of Children and Family
Services;
D) employees of the Comptroller General's Office of the United
States for audit examination;
E) local, State or Federal law enforcement officials, upon their
written request for the purpose of investigating an alleged violation of the
Food Stamp Act of 1977 or regulations. The written request shall identify the
official making the request and the authority to do so; the violation being
investigated; and the identity of the person on whom the information is
requested.
2) If a written request to review materials in the case record is
submitted by a responsible household member, the household's currently
authorized representative or a person acting in the household's behalf, the
material and information in the case record shall be made available for
inspection during normal business hours. However, the local office may
withhold confidential information, such as the names of individuals who have
disclosed information about the household without the household's knowledge, or
the nature or status of pending criminal prosecutions.