Title IV-A of the Social Security Act Temporary Assistance ...

1 National League of Cities/Stewards of Change Sharing Data for Better Results Title IV-A of the Social Security Act Temporary Assistance for Needy Families (TANF) 42 USC 601 et seq. 602(a)(1)(A)(iv) Take reasonable steps as state deems necessary to restrict use and disclosure of information about individuals and families receiving Assistance . Other than restrictions of The Privacy Act, at discretion of state and state laws and regulations; some limitations for data depending on source ( , sharing of data received from IRS is limited). Information shared between state and Federal government is kept confidential.

2 State TANF program is independent of federal control except in areas mentioned in statute. 602(a)(1)(A)(vi) Conduct program designed to reach other state systems, including local law enforcement officials, education system, teenage pregnancy prevention programs, and statutory rape programs. 602(a)(7)(A)(i) Screen and identify persons receiving TANF with a history of domestic violence while maintaining the confidentiality of the circumstances. 602(a)(7)(A)(ii) Refer persons who are victims of domestic violence to counseling and supportive services. 602(a)(7)(A(iii) Ability to waive program requirements ( , time limits, residency requirements, child support cooperation, family cap provisions) to enable parents to escape domestic violence or unfairly penalize such persons who have been victimized or who are at risk of further domestic violence National League of Cities/Stewards of Change Sharing Data for Better Results 602(a)(5)(B)(iii)(dd) Custodial parent may not be required as a conduction of receiving TANF to cooperate with establishing the paternity of a child or entering a support order with respect to a child under particular circumstances.)

3 Must work with domestic violence prevention and intervention organization. 608(a)(2)(A) & (B) State shall deduct from TANF an amount equal to not less than 25% of Assistance or may deny family any Assistance . 608(a)(4)(A) & (B) No Assistance for teenage (under 18), is not married, has a minor child at least 12 weeks of age in his/her care, and has not successfully completed high school/equivalent, in order to obtain TANF must attend high school or equivalent/alternative to attain diploma (with exceptions for domestic violence/child abuse). 608(a)(5)(B)(iii)(aa) Exception to rule that teenage parent and child must live in an adult-supervised setting: If determines that parent or the minor child is being or has been subjected to serious physical or emotional harm, sexual abuse, or exploitation in the residence of the parent s own parent/legal guardian.

4 608(a)(7)(C)(iii) Hardship exception to 5 years maximum TANF rule: If family includes individual who has been battered or subjected to extreme cruelty: (i)physical acts that resulted in, or threatened to result in, physical injury to the individual (ii)sexual abuse, sexual activity involving a dependent child (iii)threats or, or attempts at, physical or sexual abuse, mental abuse, or neglect or deprivation of medical care. 608(a)(9)(A)(i) & (ii) Cooperation with law enforcement: state shall not use funds for Assistance to persons fleeing to avoid persecution, or custody or confinement after conviction, for a crime which is a felony under the law of the place from which the individual flees (or for NJ, is a high misdemeanor), or for violating a condition of probation or National League of Cities/Stewards of Change Sharing Data for Better Results parole imposed under Federal or State law.

5 608(a)(9)(B)(i) (iii) State s safeguards against the use or disclosure of information about TANF applicants or recipients shall not prevent the furnishing to a Federal, State, or local law enforcement officer, upon the request of the officer, with the current address of any recipient if law enforcement officer furnishes the name of recipient and notifies the TANF agency that the recipient is a fugitive felon and/or probation or parole violator, or the requested information is necessary for the officer to conduct the official duties and the location or apprehension of the recipient is within such official duties. 608(a)(10)(A) & (B) Family remains eligible for Medical Assistance if income is generated as a result of employment requirements under TANF or because of recipient of spousal support under Title -D of the Social Security Act.

6 608(b)(2)(A)(ii) & (v) Under individual responsibility plans, permits sharing information (educational, immunization, human services, and/or substance abuse treatment) of recipient and his or her children. Requirements for individual may include requirement to attend school, maintain certain grades and attendance, maintain school age children in school, immunizations, attending parenting and money management classes, employment related activities, undergo appropriate substance abuse treatment. 609(a)(5) State is penalized for failure to comply with paternity establishment and child support where there are no qualifying exceptions.

7 Results in reduction of grant to State for the succeeding fiscal year by not more than 5%. 611(a)(1)(A)(ii) (v) States collect, on a monthly basis, information for families receiving TANF and SSI benefits. State provides disaggregated case record information to ACF through quarterly reports. 611(a)(1)(A)(ix) State provides disaggregated case record information to ACF through quarterly reports on families receiving TANF and subsidized housing, Medical Assistance ( Title XIX), SNAP, or subsidized child care (the amount National League of Cities/Stewards of Change Sharing Data for Better Results received for the latter two).

8 Grants to States for Public Assistance Programs 45 CFR 201 et seq. In respect to any individual receiving SSI benefit, regardless of the amount, individual is eligible for SNAP and SNAP shall obtain amount of SSI benefits from SSA. Social Security Act requires state to retain Social Security number of individual to determine if the individual has earnings and TANF eligibility. Requires them to do that matching, but not to share the individual s Social Security number further. How the state discloses this information to the applicant/recipient is left to the state s discretion (a) State plan must include the following requirements: (a)(1)(i) Pursuant to State statute, imposing legal sanctions, the use or disclosure of information concerning applicants and recipients will be limited to the purposes directly connected with one or more of the following.

9 (a)(1)(i)(A) Administration of state approved plan under Title IV-A, or state plan or program under Title IV-B (child welfare), IV-D (child support enforcement), IV-E (foster care maintenance), or IV-F, or under Titles I, X, XIV, XVI, XIX ( medicaid ), XX ( Social services), or the SSI program established under Title XVI. Such purposes include establishing eligibility, determining the amount of Assistance , and providing services for applicants and recipients. Method of sharing left to state discretion in its state s plan. (a)(1)(i)(C) Administration of any other Federal or federally-assisted program which provides Assistance , in cash or in kind, or National League of Cities/Stewards of Change Sharing Data for Better Results services, directly to individuals on the basis of need (a)(1)(i)(G) Reporting to appropriate agency or official information on known or suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child under circumstances which indicate that the child s health or welfare is threatened (a)(2)(i)

10 In the State plan, Agency will have clearly defined criteria governing types of information that are safeguarded and conditions under which such information may be released or used; types of information to be safeguarded include but are not limited to the following: (a)(2)(i)(B) Information related to Social and economic conditions or circumstances of particular individual including information obtained from any agency pursuant to (requesting and furnishing eligibility and income information; information obtained from IRS and Social Security Administration must be safeguarded in accordance with procedures set forth by those agencies (a)(2)(i)(C) Agency evaluation of information about a particular individual (a)(2)(i)(D) Medical data, including diagnosis and past history of disease or disability, concerning a particular individual (a)(2)(ii) Release of information concerning individuals is restricted to persons or agency representatives who are subject to confidentiality standards comparable to the TANF Agency (a)(2)(iii))