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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2013

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In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend policies in the Division of Social Services Manual (DSSM) regarding Case Administration, including, Definitions; Treating Clients with Courtesy; Keeping Client Information Confidential; Safeguarding Case Records; Compiling and Saving Case Record Contents; Guaranteeing Civil Rights and Non-Discrimination; Making Civil Rights Complaints; and, Providing Policy Information.
The proposal described below amends policies in the Division of Social Services Manual (DSSM) regarding Case Administration, including Definitions; Treating Clients with Courtesy; Keeping Client Information Confidential; Safeguarding Case Records; Compiling and Saving Case Record Contents; Guaranteeing Civil Rights and Non-Discrimination; and, Providing Policy Information.
Title 31 of the Delaware Code, Chapter 5, §501, General Assistance Program, Legislative intent
Title 31 of the Delaware Code, Chapter 11, §1101, Confidential character of public assistance records; penalties for violations
Title 31 of the Delaware Code, Chapter 36, §3610, General Assistance Program, Acquisition of information by court-appointed special advocate
7 CFR §272.1(c), Use of disclosure of information
7 CFR §272.6, Nondiscrimination compliance
45 CFR Part 80, Nondiscrimination under programs receiving federal assistance through the Department of Health and Human Services effectuation of Title VI of the Civil Rights Act of 1964
45 CFR §92.42, Retention and access requirements for records 45 CFR §205.50, Safeguarding information for the financial assistance programs
45 CFR §205.70, Availability of agency program manuals §504 of the Rehabilitation Act of 1973 Personal Responsibility and Work Reconciliation Act of 1996
DSSM 1000 Administration is removed and replaced with DSSM 1000 Definitions;
DSSM 1001 the purpose of Delaware’s financial assistance programs is removed from the policy manual as that information is on the Division of Social Services (DSS) website;
DSSM 1003 and DSSM 1003.1 are combined into DSSM 1003;
DSSM 1003.2 is expanded into DSSM 1003.2 and DSSM 1003.2.1;
DSSM 1006.1 and DSSM 1006.2 are combined into DSSM 1006.1;
DSSM 1006.7 is incorporated into DSSM 1006; and,
DSSM 1007.1 and DSSM 1007.2 are incorporated into DSSM 1007.
DSSM 1000, Responsibility for the Administration of Delaware's Assistance Programs Definitions
DSSM 1001, Purpose of Delaware's Financial Assistance Program RESERVED
DSSM 1002, Courteous Treatment of Clients Treating Clients With Courtesy
DSSM 1003, Confidentiality Keeping Client Information Confidential
DSSM 1003.1, Procedures to Maintain Confidentiality RESERVED
DSSM 1003.2, Information to Law Enforcement Agencies Releasing Confidential TANF Recipient Information
DSSM 1003.2.1, Releasing Confidential FSP Recipient Information
DSSM 1003.3, Child Abuse, Neglect and Exploitation Reporting Child Abuse and Neglect
DSSM 1003.4, Court Appointed Special Advocate (CASA or guardian ad litem) Releasing Confidential Information to Court Appointed Special Advocates
DSSM 1003.5, Disclosure of Information for Other Reasons Other Reasons for Releasing Confidential Information
DSSM 1004, Records To Be Kept In Locked Files Safeguarding Case Records
DSSM 1005, Case Record Maintenance and Retention Compiling and Saving Case Record Contents
DSSM 1006, Civil Rights and Non-Discrimination Guaranteeing Civil Rights and Non-Discrimination
DSSM 1006.1, Non-Discrimination and Administrative Practices Ensuring Non-Discrimination in the Provision of Services
DSSM 1006.2, Administration of the Civil Rights Program RESERVED
DSSM 1006.3, Civil Rights Information to Clients and Participants Providing Civil Rights Information
DSSM 1006.4, Assurance of Civil Rights Program Compliance in Regional Operations Assuring Compliance in Area Operations
DSSM 1006.5, Reports of Civil Rights Program Reporting Civil Rights Program Activities
DSSM 1006.6, Civil Rights Program and Public Relations Publicizing the Civil Rights Program
DSSM 1006.7, Staff Development and the Civil Rights Program RESERVED
DSSM 1007, Complaint Procedures Making Civil Rights Complaints
DSSM 1007.1, Right to File Complaint RESERVED
DSSM 1007.2, Methods of Filing Complaints RESERVED
DSSM 1007.3, Methods of Handling Complaints Routing Civil Rights Complaints
DSSM 1007.4, Records of Complaints Keeping Records of Civil Rights Complaints
DSSM 1007.5, Confidentiality of Complaints Keeping the Identity of Complaints Confidential
DSSM 1007.6, Other Complaint Procedures Making Complaints
DSSM 1008, Availability of Program Manuals Providing Policy Information
2. Title 31 of the Delaware Code, Chapter 5 (the General Assistance Program);
4. Title 31 of the Delaware Code, Title XX of the Social Security Act, 7 CFR §273.7, and the CCDBG as
5. Title 31 of the Delaware Code, Chapter 9 (Food Stamp Employment and Training services); and
6. 7 U.S.C. Chapter 51 and Title 31 of the Delaware Code, Chapter 6 (the Food Stamp Program).
31 Delaware Code §501
1003.2.1 RELEASING CONFIDENTIAL FSP CLIENT INFORMATION
7 CFR 272.1(c)(1); PRWORA, 31 Del. Code §1101
If the law enforcement officer provides verification that a household member is fleeing to avoid prosecution or custody for a felony, or has violated a condition of probation or parole, DSS will terminate the member’s participation.
31 Delaware Code §3610
This policy applies any time a Court Appointed Special Advocate (or guardian ad litem) requests information about a child and his family or guardian and provides pertinent details of the reasons for the release of information.
DSS and DMMA staff will permit a Court Appointed Special Advocate (or guardian ad litem) to review and/or copy any records relating to the child and his or her family or guardian. (The CASA does not have to have the consent of the child or the child’s family.)
Any time information is released, staff will:
Staff may release information if it is needed for the administration of any federal or federally assisted program.
This policy applies to all DSS and DMMA case records except medical records.
1. Staff Collect Pertinent Case Information
Case records will contain all information necessary to determine eligibility or ineligibility for benefits or amount of benefits. Records will contain:
2. Division of Management Services Maintains Fiscal Records
Staff must never destroy information needed to substantiate outstanding overpayments.
Any papers (forms or correspondence) in an active record which are more than four calendar years old may be destroyed on site with the permission of the unit supervisor who has possession of the record.
This policy applies to any person who inquires about, applies for or receives any services from DSS or DMMA. It includes the use of all DSS or DMMA physical facilities. For this policy, the terms DSS or DMMA include all other persons or organizations that perform services for either Division.
A. Deny any person a DSS or DMMA service.
This policy applies when any person inquires about, applies for or receives services from DSS or DMMA or a person or organization under contract with DSS or DMMA.
If staff notice any instances of discrimination, staff will make a full written report to the Director via his or her Supervisor and the Civil Rights Coordinator.
The Civil Rights Coordinator maintains complete records of all complaints that are made on the grounds of discrimination. He also maintains complete records of all appeals and fair hearings that are requested on the grounds of discrimination.
This policy applies any time a person, group, or agency makes a complaint alleging a civil rights violation.
All complaints of discrimination in the Food Supplement Program processed at the State level must be sent to FNS within 90 days of the date DSS receives the complaint.
1. The kind of discrimination alleged (e.g., race, color, etc.)
Complaints must contain:
This policy applies to all complaints of discrimination based on color, national origin, sex, religious creed, age, disability, or political beliefs.
A current copy of the policy manuals and other policy material is available without charge to Public Libraries and to individuals or other agencies who request the material if they:
Last Updated: December 31 1969 19:00:00.
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