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37.80.103    CONFIDENTIALITY

(1) Use and disclosure of information pertaining to an applicant for, or recipient of child care assistance is allowed only for the following purposes:

(a) to administer child care assistance under this chapter, which includes but is not limited to:

(i) determining eligibility and the amount of assistance;

(ii) providing assistance to eligible persons;

(iii) conducting audits and investigations; and

(iv) prosecuting criminal or civil proceedings relating to assistance;

(b) to determine eligibility and amount of assistance for any other needs-based federally funded public assistance program for low income persons;

(c) to report possible child abuse or neglect to the appropriate agency or authority or respond to requests for information from an appropriate agency or authority investigating possible child abuse or neglect;

(d) to assist the Child Support Enforcement Division or any other agency or entity authorized to conduct child support enforcement activities;

(e) to provide the applicant or recipient's current address to a state or local law enforcement officer, if the officer documents that the person is a fugitive felon whose arrest is the responsibility of the officer. The officer shall provide the name and social security number of the recipient by written request;

(f) to provide information necessary for emergency medical or other critical needs. Notice of release shall be given as soon as possible to the applicant or participant;

(g) to provide information relevant to a child care licensing investigation; and

(h) any other disclosure required by law.

(2) An applicant or recipient of child care assistance is entitled to information regarding the applicant or recipient's case upon request, except:

(a) when release of the information is prohibited by law; or

(b) when the requested information was provided on the condition that it not be shared with the applicant or recipient; or

(c) when release of the information would impede law enforcement.

History: 52-2-704, 53-4-212, MCA; IMP, 52-2-704, 53-2-211, MCA; NEW, 1998 MAR p. 3117, Eff. 11/20/98; AMD, 2002 MAR p. 1553, Eff. 5/31/02.

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