Confidentiality

A.  CONFIDENTIAL INFORMATION

WAC 388-428-0010 Request for address disclosure by a parent when a child is living with a non-parental caretaker.

 

B.  ADDRESS CONFIDENTIALITY PROGRAM (ACP)

Rules for the Address Confidentiality program are found in chapter  434-840 WAC.  This program is governed by the Office of the Secretary of State.

Confidentiality - Address Confidentiality Program (ACP) for Domestic Violence Victims

Revised October 2, 2023

Purpose: 

The Address Confidentiality Program (ACP) protects the address of persons attempting to escape from domestic violence, sexual assault, trafficking, or stalking situations. Criminal Justice Affiliates, Election Officials and Protected Health Care workers may also participate in the program. Participants may use a substitute address, issued by the Secretary of State, in place of their actual physical address. State and local agencies can then respond to public records requests without disclosing the actual location of the participant. 

Rules for ACP are found in WAC 434-840-001 through WAC 434-840-310 and are governed by the Office of the Secretary of State.


Clarifying Information

The ACP provides the following services: 

  • Gives each participant a substitute mailing address that can be used in place of their home, work, or school address.
  • Receives and forwards first-class mail from the substitute address to the participant.
  • Allows the participant to obtain many state and local agency services without revealing their physical address. 
  • Makes it easier for government agencies to respond to public records requests without disclosing the actual location of the participant.
  • Helps the participant to register to vote or obtain a marriage license without placing their address in records available to the public.

NOTE: ACP works best if the participant has relocated to a location not already in public record. 

Participants are given an authorization card the size of a driver's license.   The card has the participant's name, substitute address, birth date, expiration date, and a toll-free number to the ACP office for information.  The toll-free number is 1-800-822-1065.  The TTY number is 1-800-664-9677.

When a public assistance client requests use of the substitute address, the ACP authorization card must be presented to the worker.  The worker may make a copy of the ACP authorization card.

Worker Responsibilities

When a client states they are in danger or fleeing an abuser but are not enrolled in ACP advise the client that, if they provide their physical address to the department or any state agency, they will not be able to remove the address if they later on enroll in ACP. They have the option to wait to provide the department their physical address until approved for enrollment in ACP. 

When a client presents an ACP authorization card or states they are enrolled in ACP and have an assigned Private Mail Box (PMB) address: 

  1. Mail all benefits and information for the client to the substitute address, and be certain to include the PMB to prevent further mail delay.
    1. Do not ask the client to provide their actual address.  Do not record the client's physical address in ACES or retain copies of any documents that list the client's physical address.
    2. When verifying residency, household composition, or shelter costs do not ask the client to provide documents that state their physical address. Accept any document that lists the PMB address and reasonably verifies the eligibility factor see VERIFICATION for instructions on determining reasonableness. 
    3. If the client provides a document that lists the physical address:
      1. Do not keep the document. 
      2. Explain to the client that if we have anything in the case record that lists their physical address, we have to reveal that information if we are issued a subpoena.
      3. Document in the narrative: 
        1. What documents were used as verification:
        2. What eligibility factor the documents verify; and 
        3. Why copies of the document are not in the record. 
  2. Allow the client to provide any document that has the physical address concealed. 
  3. Re-verify the client's participation in ACP at eligibility review/recertification, if questionable. 

NOTE: If the individual doesn't have their authorization card, government agencies may call the ACP office at 1-800- 822-1065, or (360) 753-2972 to verify that the individual is an active ACP participant.

If the client wants more information about ACP: 

A trained advocate will assist individuals with the ACP application. The advocate will assist the individual with additional safety planning prior to enrolling in the program. For a current list of advocates trained in your community to sign up people for ACP, to to https://www.sos.wa.gov/statewide-programs/address-confidentiality-program-acp and click on the map for your location.

Confidentiality - Information

Revised March 25, 2011

Purpose: 

The department is responsible for ensuring that confidential information is not released to clients or third parties inappropriately or illegally. Confidential information can be disclosed only under the specific criteria in chapter 388-01 WAC.

WAC 388-428-0010 Request for address disclosure by a parent when a child is living with a nonparental caretaker


Clarifying Information  

Policies related to disclosure of confidential information are contained in chapter 388-01 WAC and in departmental administrative policies. The CSO Public Disclosure Coordinator is responsible for approving or denying requests for disclosure of confidential information.

  1. The following information is considered confidential:
    1. Information contained in case records:
      1. Names, birth dates, marital status, employment status, personal history;
      2. Location, current address and telephone number;
      3. Types of services being received, amounts of benefits and fair hearing activity;
      4. Social Security numbers; and
      5. Medical or psychiatric information.
    2. Information about third parties:
      1. Information about the identity of individuals who have filed complaints; and
      2. The identity of individuals who have provided information under condition of remaining anonymous.
    3. Information available from other agencies:
      1. Employment or benefit information from the Employment Security Department;
      2. Information from the Social Security Administration; and
      3. Birth information from Vital Statistics.
  2. Confidential information except chemical dependency treatment information may be provided to a person who works directly with:
    1. Federal- or state-funded public assistance programs including the federal food stamp program when used for the administration of the programs;
    2. The child support program under Title IV-D of the Social Security Act when used for the administration of the child support program; or
    3. Local, state or federal law enforcement agencies. Information will be released to a local, state, or federal law enforcement agency only when the request:
      1. Identifies the person making the request including their authority to do so;
      2. Identifies the client;
      3. Provides the Social Security Number of the client;
      4. States the request is an official duty or that finding and apprehending the client is an official duty;
      5. Describes the violation being investigated; and
      6. Limits the requested information to the address of the client.
  3. Release information to the U.S. Consulate (U.S. Department of State) only when the client has provided a written release for the information requested.
  4. At the client's request information provided by the client or previously given to a client may be disclosed to the client or their representative.
  5. Information provided by third parties may be disclosed to the client or the client's representative when:
    1. A fair hearing has been requested on an issue related to the information; or
    2. The Public Disclosure Coordinator determines that:
      1. The release is necessary; and
      2. The information was provided with the understanding that it might be released.
  6. Information relating to the identity of third parties who have filed complaints regarding clients (or other) and/or who have provided information on condition of anonymity must not be released unless required by a court order.
  7. Information may be released to individuals or agencies with valid releases of information signed and dated by the client. A release of information is valid if it is:
    1. Signed by the client, presented within any time frames mentioned on the release;
    2. Presented by the individual to whom the release is made out; and
    3. A request for information that can be legitimately released.
  8. Information except chemical dependency treatment information may be disclosed to any administrative division of DSHS when the purpose of the request for information is to administer the programs of the department.
  9. Routine transfers of information are subject to the same criteria.
  10. Information may be disclosed to outside agencies only for purposes directly connected with the administration of department programs. Outside agencies who receive confidential information are bound by the same rules as DSHS.
  11. The following information may be disclosed to medical providers:
    1. Proof that the client is eligible for medical assistance;
    2. Dates of eligibility;
    3. The PIC code with the tie breaker;
    4. The program for which the client is eligible; and
    5. Medicare eligibility status.
  12. The following information may not be disclosed to medical providers:
    1. Client names and addresses;
    2. Medical services provided;
    3. Social and economic conditions or circumstances;
    4. Agency evaluation of personal information; and
    5. Medical data.
  13. Confidential information cannot be provided for:
    1. Commercial or political purposes
    2. Personal purposes by any employees of the department.

Worker Responsibilities 

  1. Disclosure to third parties:  The department must disclose to anyone making inquiry whether or not a named individual is currently receiving assistance. The department's response is limited to a "yes" or "no" answer. Further information is prohibited without a release from the client.
  2. Disclosure to courts of law: Information can only be disclosed with a court order.
  3. Disclosure to government officials:Treat requests from government officials like any other third-party request. Refer the request to the CSO Public Disclosure Coordinator.
  4. Special situations:
    1. Translators and contractors must be informed of the rules regarding confidentiality and are bound by those rules to the same degree as a department employee.
    2. See INTERVIEW REQUIREMENTS for rules and procedures related to TANF/SFA Family Violence Screening and Referral.
    3. See RIGHTS AND RESPONSIBILITIES for rules and procedures related to the rights and responsibilities of a client receiving public assistance.
    4. See the NSA (Needs Supplemental Accommodation) Handbook for rules and procedures for NSA.

Clarifying Information - WAC 388-428-0010

Disclosing Information to Parents with Visitation Rights or Legal Custody

  1. Disclosure of the address of a child on assistance to a parent who is not in the child's household is governed by RCW 74.04.060, 26.23.120 and 74.12.
  2. Disclosure of information to any other parent of a child on assistance is handled by the Division of Child Support.