Temporary Assistance for Needy Families

ORS 412.074
Use and custody of records of temporary assistance for needy families program

  • rules

(1)

Except as otherwise provided in this section and except for purposes directly connected with the administration of the temporary assistance for needy families program, delivery or administration of programs and services the Department of Human Services is authorized to deliver and administer pursuant to ORS 409.010 (Department of Human Services) or as necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services and in accordance with the rules of the department, a person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or names of, or any information concerning, persons applying for or receiving such aid, directly or indirectly derived from the records, papers, files or communications of the department or acquired in the course of the performance of official duties.

(2)

Nothing in this section prohibits the disclosure and use of information about applicants and recipients as is necessary to carry out the child support enforcement laws of this state and of the United States.

(3)

Nothing in this section prohibits the disclosure of the address of any applicant or recipient to a law enforcement official at the request of such official. To receive information pursuant to this section, the official must furnish the agency the name of the applicant or recipient and advise that the applicant or recipient:

(a)

Is fleeing to avoid prosecution, custody or confinement after conviction for a felony;

(b)

Is violating a condition of probation or parole; or

(c)

Has information that is necessary for the official to conduct the official duties of the official and the location or apprehension of the applicant or recipient is within such official duties. [Formerly 418.130]

(formerly 418.130)

Notes of Decisions

Since this section makes public assistance records confidential to protect recipients from exploitation by third parties, recipients themselves are not within class of persons to whom disclosure is forbidden. Stivahtis v. Juras, 13 Or App 519, 511 P2d 421 (1973)

Source

Last accessed
Mar. 11, 2023

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