Current through Register Vol. 56, No. 24, December 18, 2024
(a)
The CWA shall restrict the use or disclosure of information obtained from
applicant or recipient households to persons directly connected with the
administration or enforcement of the NJ SNAP program, WFNJ/TANF,
jointly-processed WFNJ/GA households, SSI, Medicaid, Child Support and
Paternity program (CSP), IEVS, Federally funded child welfare programs,
including SACWIS or with any other Federal or Federally aided, means-tested
assistance programs.
1. The verification of
immigration documents of aliens applying for NJ SNAP benefits will be
accomplished through the Systematic Alien Verification for Entitlements (SAVE)
program and is subject to the same confidentiality safeguards afforded other
programs.
2. The New Jersey
Department of Labor may access information regarding NJ SNAP recipients for the
purpose of administering the NJ SNAP ETP.
3. Agencies administering an NJ SNAP
Nutrition Education Plan approved by USDA may access information regarding NJ
SNAP recipients for the purpose of administering the Nutrition Education
Plan.
(b) The CWA may
release information concerning an applicant or recipient household in the
following situations only:
1. Upon written
request, the CWA shall cooperate in furnishing information to Federal, State or
local law enforcement agencies in any investigation that concerns a household
or person fraudulently obtaining benefits or otherwise violating the statutory
provisions of the Food and Nutrition Act of 2008 (7 U.S.C. §§
2011 et seq.) and/or FNS and/or State rules.
The law enforcement agency must provide a written request, which shall include
the identity of the individual requesting the information and his or her
authority to do so, the violation being investigated and the identity of the
person about whom the information is requested.
i. CWAs shall make available, upon request,
to any Federal, State or local law enforcement officer the address, photograph
(if available) and Social Security number of an NJ SNAP recipient. The officer
must furnish the recipient's name, and must notify the CWA that the recipient
is fleeing to avoid prosecution, custody or confinement for a felony, is
violating a condition of parole or probation or the CWA has information
necessary for the officer to conduct an official duty related to a felony or
parole violation.
2.
Staff members shall provide such testimony as may be mandated by a court of
competent jurisdiction in connection with administration and enforcement of the
NJ SNAP program (see (a) above).
3.
Upon written request by the household, the household may waive its rights to
confidentiality of information and the CWA shall make disclosure of information
but only to the extent specifically authorized by the waiver.
4. If there is a written request by a
responsible member of the household, its current authorized representative, or
a person acting in its behalf to review materials in its case file, the
material and information contained in the case file shall be made available
during normal business hours.
i. The CWA may
withhold confidential information, such as the names of individuals who have
disclosed information about the household without the household's knowledge, or
the nature or status of pending criminal prosecutions.
5. Information and records shall be released
to parties directly involved in a fair hearing procedure (see
N.J.A.C. 10:87-8.6(a) and
8.14(a)).
6. The furnishing of any
lists of names and/or addresses or both for purposes not directly related to
the provisions of (a) above is specifically prohibited.
7. The disclosure of information in
connection with the performance of a quality control review or State audit
shall be permitted.
8. The CWA
shall make available, to the CSP's Parent Locator Service, NJ SNAP case file
information to assist the CSP program, under Title IV-D of the Social Security
Act.
9. Households that provide an
NJ SNAP or WFNJ/TANF case number on the school meal application are
categorically eligible for free school meals. The CWA shall honor requests from
school officials to verify NJ SNAP program participation for households
applying for free school meals. The CWA shall not release any information with
regard to the household beyond the verification of NJ SNAP program
participation. Section 169 of the Food Stamp Application Privacy Act ( P.L.
97-253) allows such information to be provided to officials verifying
eligibility for free school meals.
10. The CWA shall furnish information to
employees of the Comptroller General's Office of the United States for audit
examination authorized by any other provision of law.
(c) Recipients of information released under
this section must adequately protect the information against unauthorized
disclosure to persons or for purposes not specified in this section. In
addition, information received through the IEVS must be protected from
unauthorized disclosure as required by regulations established by the
information provider. Information released to the State agency pursuant to
section 6103(l) of the Internal Revenue Code of 1954 shall be
subject to the safeguards established by the Secretary of the Treasury in
section 6103(l) of the Internal Revenue Code and implemented
by the Internal Revenue Service in its publication, Tax Information and
Security Guidelines.
(d)
Participants in the New Jersey Address Confidentiality Program (ACP)
established by
P.L.
1997, c. 369 to
safeguard the identity and residence of victims of domestic violence shall be
treated in the disposition of their NJ SNAP case records as follows:
1. Only residents of New Jersey are eligible
to participate in the ACP. A photocopy of the individual's signed ACP
participation card shall be retained in the individual's case record, and shall
serve as documentation of the ACP participant's identity and
residence.
2. CWAs shall not
include in the case record any information which identifies the ACP
participant's residence, including mortgage/rent, utility, and tax or insurance
bills or receipts. The Department of Community Affairs (DCA) will act as a
liaison on behalf of the individual, and will provide the CWA with written
information that documents the requested expenses that the ACP participant is
incurring.
3. The address utilized
for the ACP participant to receive mail is essentially a "mail drop."
Therefore, when sending a notice to an ACP participant, the CWA shall allow an
additional five days for the recipient to take action. However, this does not
apply to a Families First EBT aging notice, which shall remain at 10
days.
4. In the event that Federal,
State, or local agency staff must speak directly with the ACP participant, the
Request for Contact procedures at
N.J.A.C. 10:87-9.5 shall be
followed.
