Release of Confidential Information

Confidential information may be released without the consent of the applicant/recipient, only for purposes directly connected with the administration of public social services, except as specified in Section 44.7. Public social services are defined as aid or services administered or supervised by CDSS or the State Department of Health Services.

Contractors

Whenever a contract is entered into with a public or private agency which involves the release of confidential information, the contract shall contain a provision ensuring that such information will be used in accordance with the restrictions found in W&IC Section 10850 and this division.

Public Officials

Certain public officials, and their duly appointed agents and deputies, are entitled to examine confidential information. The right of public officials, including law enforcement personnel, to examine public assistance records does not exist if the request is for a purpose not connected with the administration of the public social service programs. Examples of situations under which information may not be given out include but are not limited to such things as traffic violations, tax fraud investigations or criminal investigations not related to welfare. Both the release and possession of confidential information in violation of these regulations is a misdemeanor. The officials who are entitled to examine confidential information include, but are not limited to:

District Attorney or County Counsel
- In the administration of aid, it is necessary to disclose information to these offices when they are conducting investigations, prosecutions, criminal or civil proceedings directly connected to public social services including child support services and the location of families in which the caretaker has abducted or kidnapped the aided child(ren).
California Department of Social Services (CDSS), State Department of Health and Children’s Services (DHCS) and Department of Health, Education and Welfare (HEW) and County Welfare Departments Within the State of California
- These agencies, their representatives and employees shall have access to public social services records as needed in the administration of public social services.
- Note: When a case inquiry received from CDSS/DHCS staff is related to the program policy, this should be directed to contact Program.
County Auditor
- In addition to the authority to examine claims and other financial transactions in the routine line of duty, the auditor may examine records as necessary to satisfy him/herself that fiscal accountability is being maintained and the progress relating to payment, claiming and repayment of aid are proper and effective.
Audits
- Federal, State and County auditors having direct or delegated authority are authorized to examine records as necessary to perform fiscal audits and/or procedure reviews. Legislative bodies and their committees authorized by law to conduct audits or similar activities in connection with the administration of public social services shall be permitted to examine records.
Legislatures and their Committees
- Refer to Section 44.1 for the prohibition against release of confidential information to legislatures without applicant/recipient consent. Any releases made to legislatures and their committees should be accompanied by the warning that W&I Code Section 10850 makes the use or release of the information for a purpose not directly connected with the administration of public social services a misdemeanor.
Social Security Administration
- Representatives of the Social Security Administration are authorized to receive client information from Social Services Agency staff, for the sole purpose of performing their duties and determining eligibility without client consent. Likewise, Representatives of the Social Services Agency are authorized to receive client information from the Social Security Administration necessary to perform their duties and determine eligibility without client consent.

Law Enforcement Officials - Exception to the Rule

Pursuant to procedures and restrictions in W&I Sections 10850.3 and 10850.7, law enforcement officials may be given otherwise confidential information when:

The applicant/recipient is deceased. Information that may be released is limited to the name, address, telephone number, birth date, social security number, and physical description of the applicant for, or recipient of, public social services. A county welfare department may release the information specified by this section to any law enforcement agency only upon a written request from the head of the agency specifying that the applicant or recipient is deceased and that the agency is otherwise unable to adequately identify the deceased. The information specified may alternately be released by telephone, whereupon the head of the law enforcement agency shall submit the request in writing within five days of the release.
- This section shall not be construed to authorize the release of a general list identifying individuals applying for or receiving public social services.
A Felony Arrest Warrant Has Been Issued for the Applicant/Recipient. The Social Services Agency may release the information specified in this section to any law enforcement agency only upon a written request from the agency specifying that a warrant of arrest for the commission of a felony has been issued to the applicant or recipient. This request may be made only by the head of the law enforcement agency, or by an employee of the agency so authorized and identified by name and title by the head of the agency in writing to the Social Services Agency.
- Information releasable pursuant to a felony arrest shall be limited to name, address, telephone number, birth date, and social security account number (where such items are present) from the record of disbursement.
- Reminder: No data shall be released from the case record. This section shall not be construed to limit releases pursuant to Penal Code Section 11166.
Release of CalFresh and CalWORKs Case Information to Law Enforcement Officials. In the CalFresh and CalWORKs programs, the address, social security number, and, if available, photograph (with the exception of photo images obtained from the Statewide Fingerprint Imaging System [MPP Sections 40-105.3 and 63.601.12]) of any CalFresh household member and/or CalWORKs applicant/recipient, shall be made available on request to any Federal, State or local law enforcement officer if the officer furnishes the Social Services Agency with the name of the applicant/recipient and notifies the county welfare department that:
- The individual is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime that, under the law of the place the individual is fleeing, is a felony, or
- The individual is violating a condition of probation or parole imposed under Federal or State law; or
- The individual has information that is necessary for the officer to conduct an official duty related these programs.
- Locating or apprehending the individuals is an official duty of the law enforcement officer, and
- The request is being made in the proper exercise of an official duty.

Requests that are not Authorized

Law enforcement officials have visited various District Offices requesting specific client information. Unless specified in [“Law Enforcement Officials - Exception to the Rule,” page 8-6], SSA staff shall not disclose any other information. The following situations that are in the form of questions and answers provide guidance that addresses requests that are not authorized:

Can a client’s parole or probation officer request to see or verify that one of their parolees/probation clients is participating/attending at one of our District Offices?
- No. A probation/parole officer is not considered a law enforcement authority for the purposes of W&I Code 10850.3. As much as we are not allowed to release case information to anyone unless a client provides us a written authorization/consent, we are not allowed to grant a parole/probation officer to see or verify/identify if one of their parolees/probation clients is in our facility. If the probation/parole officer presents a court order for the arrest of our client, the SSA District Office Manager is to contact County Counsel for further directions.
Can a law enforcement officer investigating a crime that is not-related to CWES/Benefits programs request to speak to a client at one of our District Offices?
- No. We may only disclose limited confidential information only upon a written request from the head of the law enforcement agency (identified by name and title) showing that a warrant has been issued for the arrest of the client for the commission of a felony or misdemeanor. Information that may be released must be limited to the client’s name, address, telephone number, date of birth, SSN, and physical description of our client. Under no circumstances would we orchestrate the meeting and arrest of the client in our office.
Can a representative from the District Attorney’s office investigating a case or searching for witness(es) not related to CWES/Benefits programs request to speak to a client at one of our District Offices?
- No. For the same reason as noted in the two example above. The DA’s office must not be allowed to simply come around the office fishing/searching for witnesses.
Can an attorney who is representing one of our clients that is non-related to CWES/Benefits programs request to speak to a client at one of our District Offices if the client has given permission?
- Guidance to this scenario is as follows:
  - Example 1: If a client is attending/participating at one of our District Offices and client provides written authorization/consent that he/she would like to talk to his/her own attorney in our office, client may be allowed to do so.
  - Example 2: If our client A authorizes/wants/recommends that his attorney speak to our client B as client A believes client B will be helpful to solve her non-related CWES/WTW case, SSA staff must not allow this to occur.
  - Example 3: Situation is similar to Example 2 but the difference is that client B provides written authorization/consent to speak with client A’s attorney; it is not in violation of confidentiality due to client B’s written permission/consent.

Written Request Procedures

Law enforcement personnel must submit a written request to the office SSPM when requesting review of any client related information. The office SSPM may contact County Counsel if there is anything in the request beyond what we can provide. Written requests allow for determining the scope of the information requested and identifying the law enforcement agency’s representative. As a reminder, if the information is related to a warrant, it needs to come from the head of the law enforcement agency or someone authorized to request it (WIC 10850.3 (b); this information is limited. Refer to Law Enforcement Officials - Exception to the Rule.

Release of Confidential Information in Conjunction With a Lawsuit

If an applicant/recipient or caretaker relative becomes a party or plaintiff in any suit against the State of California, any political subdivision of the state, or any agency administering the laws governing the administration of public social services and such suit challenges the validity of the laws governing the administration of public social services or the manner in which the laws have been applied, the attorney representing the state, political subdivision, or agency shall be given access to all files and records relating to the plaintiff. Such files and records may be disclosed to the court having jurisdiction of the lawsuit insofar as they are relevant to the determination of any factual or legal issue in the case. In such cases, it should be brought to the court’s attention, when presented with the requested information, of the state law and policy against further disclosure of the information.

On notice of court action ordering records to be produced, where the action is not connected with the administration of public social services, the county shall notify the appropriate legal officer (county counsel). Such legal officer shall be requested to take immediate action to safeguard the confidential nature of the records.

Release to Schools

Confidential case information may be released to county superintendents of school and superintendents of school districts, and their representatives, as necessary for the administration of federally-assisted programs which provide assistance in cash, in-kind, or services directly to individuals on the basis of need. If such confidential information is released, the superintendent shall be informed of the criminal prohibition against the use or disclosure of such information for any purpose other than that for which it was obtained.

Information concerning the number of CalWORKs families living within a particular school district requested to support entitlement to funds under ESEA may be released to authorized representatives of the school district. A signed agreement with the school district stating that the confidential information obtained will only be used for purposes of fund claiming under the ESEA and that the district understands that there is a criminal penalty for release or use by the school district for any other purpose shall be obtained. The prohibition includes the use of confidential records to identify applicants or recipients to school teachers and administrators.

Note: Written consent must be obtained from the client prior to releasing specific client information to any school official, such as but not limited to, verification of the receipt of or the amount of assistance a client is receiving.

Disclosure to Parents Who Wish to be Reunited With Their Family

Where a person claims to be an absent parent, his/her identification should be verified.
No acknowledgement to the requesting parent that the child(ren) or other parent are receiving aid may be made.
If the family is aided, the aided caretaker shall be contacted for permission to release information. If permission is granted, the information shall be released.
If the absent parent alleges that the aided parent has kidnapped, abused or neglected the child(ren), the case must be referred to the child protective services for appropriate action. The name and address of the applicant or recipient may be released to law enforcement officials for the purpose of locating abducting parents and the abducted child(ren).

Release to Research Organizations

Information requested by research organizations may be released without authorization of the applicant/recipient, provided that specific case information is not released, only case load statistics as a whole. Research organizations requesting information must guarantee in writing that they will meet the conditions and protections of this division and W & I Codes Section 10850.