22VAC40-910-10. Definitions.

The following words and terms when used in this chapter will have the following meanings unless the context clearly indicates otherwise:

"Agency" means a local department of social services.

"Agent" means any individual authorized to act on behalf of or under the direction of the Commissioner of the Virginia Department of Social Services or State Board of Social Services for the sole purpose of accessing confidential client records in the administration of public assistance, child support enforcement, or social services programs.

"Client" means any applicant for or recipient of public assistance or social services or any individual about whom the child support enforcement division maintains information.

"Client record" or "client information" means any identifying or nonidentifying information, including information stored in computer data banks or computer files relating to a client.

"Department" means the Virginia Department of Social Services.

"Human research" means any formal and structured evaluation involving individuals in a special project, program, or study.

"Legally responsible person" means (i) the biological or adoptive parent or other relative with whom the child primarily resides and who has legal custody of the child; (ii) the biological or adoptive parent with whom the child does not primarily reside and who has legal custody of the child; or (iii) a committee or guardian appointed by a court to represent the interest of a client.

"Near fatality" means an act that, as certified by a physician, places the child in serious or critical condition. Serious or critical condition is a life-threatening condition or injury.

"Provider" means any person, agency or organization providing public assistance, child support enforcement services, or social services through a contract or an agreement with the department or agency.

"Public assistance" means Temporary Assistance for Needy Families (TANF); auxiliary grants to the aged, blind and disabled; medical assistance; energy assistance; food stamps; employment services; child care; and general relief.

"Research" means a systematic investigation, including research development, testing, and evaluation, designed to develop or contribute to general knowledge related to specific programs, including research for the development of new knowledge or techniques that would be useful in the administration of public assistance, child support enforcement, or social services programs.

"Social services program" means foster care, adoption, adoption assistance, adult services, adult protective services, child protective services, domestic violence services, family preservation, or any other services program implemented in accordance with regulations promulgated by the State Board of Social Services.

22VAC40-910-80. Confidential client information pertaining to public assistance.

A. Confidentiality of client information of public assistance programs is assured by §§ 63.2-102 and 63.2-805 G of the Code of Virginia.

B. Information may be released only for a purpose directly connected with the administration of a public assistance program, except as herein provided or pursuant to §§ 63.2-102 and 63.2-805 G of the Code of Virginia.

C. Purposes directly related to the administration of a public assistance program include but are not limited to:

1. Establishing eligibility;

2. Determining the amount of public assistance;

3. Providing services for public assistance clients; and

4. Conducting or assisting in an investigation or prosecution of a civil or criminal proceeding related to the administration of the public assistance program.

D. Release of client records to law-enforcement agencies and Commonwealth's and county or city attorneys is governed by 22VAC40-320 7 CFR 272.1(c)(1).

22VAC40-910-90. Confidential client information pertaining to child support enforcement.

A. Confidentiality of child support enforcement client information is assured by §§ 63.2-102 and 63.2-103 of the Code of Virginia.

B. Information may be released only for a purpose directly connected with the administration of the child support enforcement program, except as herein provided or pursuant to §§ 63.2-102, 63.2-103, 63.2-1906 and 63.2-1940 of the Code of Virginia.

C. Purposes directly related to the administration of the child support enforcement program include but are not limited to:

1. Determining the amount of child support;

2. Providing child support enforcement services; and

3. Conducting or assisting in an investigation or prosecution of a civil or criminal proceeding related to the administration of the child support enforcement program.

D. The following regulatory provisions provide guidance on the release of child support enforcement client information:

1. Entities to whom the Division of Child Support Enforcement can release client information is governed by 22VAC40-880-520;

2. The release of client information to and from the Internal Revenue Service is governed by 22VAC40-880-530;

3. Request for client information from the general public is governed by 22VAC40-880-540;

4. Requests for client information from parents is governed by 22VAC40-880-550;

5. Release of health insurance information is governed by 22VAC40-880-560; and

6. Release of client records to law-enforcement agencies and Commonwealth's and county or city attorneys is governed by 22VAC40-320 22VAC40-880-520 B.