New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE
Part 3 - CHILD CARE ASSISTANCE; REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS
Section 8.9.3.25 - CONFIDENTIALITY
Universal Citation: 8 NM Admin Code 8.9.3.25
Current through Register Vol. 35, No. 6, March 26, 2024
Client files are established and maintained solely for use in the administration of the child care assistance program. Information contained in the records is confidential and is released only in the following limited circumstances:
A. to the client upon request;
B. to an individual who has written authorization from the client;
C. to department employees and agents who need it in connection with program administration, including program auditors; or
D. to other agencies or individuals including law enforcement officers who satisfy the following conditions:
(1) agency or individual is
involved in the administration of a federal or a federally-assisted program,
which provides assistance in cash, in kind or in services directly to
individuals on the basis of need;
(2) information is to be used for the purpose
of establishing eligibility, determining amount of assistance or for providing
services for applicants or recipients;
(3) agency or individual is subject to
standards of confidentiality comparable to those contained herein;
and
(4) agency or individual has
actual or implied consent of the applicant or recipient to release the
information; in an emergency, information may be released without permission,
but the client must be informed of its release immediately thereafter; consent
may be considered as implied if the client has made application to the
inquiring agency for a benefit of service;
E. as requested in a subpoena or subpoena duces tecum.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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