Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 331 - PUBLIC ASSISTANCE MANUAL (TANF) › Chapter I - Eligibility Process

Current through 2024-29, July 17, 2024
A.
LEGAL
				BASIS
:
Federal legislation, the
Personal Responsibility and
				  Work Opportunity Reconciliation Act of 1996
(PRWORA),
				  Public Law
				  104-193 enacted August 22, 1996 provides states
				  with an opportunity to administer a financial aid and job preparation program.
				  As a condition of receipt of a Part-A, Block Grant for Temporary Assistance for
				  Needy Families (TANF) under Title IV of the
Social Security
				  Act
, Maine agrees to administer a welfare program in accordance with
				  the rules of PRWORA, provisions of its State Plan, and all applicable State
				  laws and regulations.
B.
GENERAL RULE
:
TANF provides temporary financial assistance to families with
				  needy dependent children while the family works towards becoming
				  self-supporting.
C.
PROGRAM REQUIREMENTS
:
Basic eligibility criteria and program requirements are
				  contained in chapters I through IV and are arranged by subject. Chapter order
				  follows the eligibility determination process generally used for new
				  applicants.
(1)
Confidentiality:
The Department of Health and Human Services must by Federal
				  and State rules provide for the basic rights and dignity of all applicants or
				  recipients of financial services regarding their confidentiality. The
				  Department must ensure that information about the recipient is maintained in a
				  confidential manner and only released under certain circumstances.
NOTE:
All employees of the Department must
				  adhere to this policy.
a) Address
				Confidentiality Program
The Address Confidentiality Program, administered by the
				  Secretary of State, provides address confidentiality for victims of domestic
				  violence, stalking or sexual assault and requires state and local agencies and
				  the courts to accept a designated address as the program participants' address
				  when creating a public record. When an applicant or recipient verifies that
				  they are a certified participant in the Address Confidentiality Program, the
				  designated address is the only address accepted and provided when staff is
				  required to release information in each circumstance described in pages 1
				  through 3 of this chapter.
b) Information requested from outside the
				Office for Family Independence shall be released by the following:
i. Permission:
Whenever possible, the individual shall be informed of any
				  outside request for information. Permission for release of information shall
				  either be provided by the inquiring source or requested from the recipient. In
				  an emergency situation when a release cannot be obtained and releasing the
				  information would be in the best interest of the client, they shall be notified
				  promptly of the disclosure and the reason for it.
NOTE:
The Department shall not release
				  identifying information to absent parents without release from Specified
				  Relatives.
ii. Subpoena:
When the court subpoenas a record or an agency representative
				  to testify concerning an applicant or recipient, the Department's
				  representative shall bring to the court's attention the statutes and
				  regulations regarding disclosure. The decision then rests with the presiding
				  judge.
NOTE:
The above conditions apply to requests
				  from other government authorities, courts and law enforcement agencies unless
				  the situation is described in iii(f).
iii. Program Administration:
The release of information must be limited to programs which
				  establish eligibility and provide services through agencies subject to
				  comparable standards of confidentiality. The Department shall release
				  information for the following-
a.
				Investigation and Recovery
b. Fair
				Hearing Preparation: The Department shall make all information pertaining to a
				decision on eligibility, including medical and social data available to the
				applicant or recipient or their authorized representative.
c. General Assistance: The Department shall
				provide, to the municipality, financial information necessary to make a
				determination as to the need and amount of General Assistance. The Department
				shall not provide Medical reports without the individual's written
				permission.
d. Law Enforcement: The
				Department shall provide the current address of a recipient to a Federal, State
				or local law enforcement officer upon request of the officer if the officer
				provides the agency with:
1. The recipient's
				name and enough information to identify the individual, and
2. Notification that the individual is
				fleeing to avoid prosecution or custody or confinement after conviction or that
				the individual has information that is necessary for the officer to conduct the
				official duties of the officer and the location or apprehension of the
				recipient is within such official duties.
e. Other Social Service Agencies: The
				Department shall provide information upon receipt of written authorization from
				the individual.
NOTE:
This authorization is not required of
				  Social Services within the Department; however, they are required to seek
				  permission of the Worker to access the record and may not remove it without
				  permission.
f. Suspected
				Child Abuse or Neglect: Information regarding suspected child abuse or neglect
				of any child on the assistance grant must be reported to Department of Human
				Services Bureau of Child and Family Services. Also, information must be
				released to any local or state agency or official legally authorized to
				investigate child abuse and neglect under Maine law.
g. Immigration and Naturalization Service:
				The Department shall not provide information regarding counterfeit, altered or
				fraudulent documentation used to obtain benefits unless it has been requested
				by INS in writing for criminal investigation.