(A) Except as permitted by this section, section 5101.272, 5101.28, or
5101.29 of the Revised Code, or the rules adopted under division (A) of
section 5101.30 of the Revised Code, or required by federal law, no
person or government entity shall solicit, disclose, receive, use, or
knowingly permit, or participate in the use of any information regarding
a public assistance recipient for any purpose not directly connected
with the administration of a public assistance program.
(B) To the
extent permitted by federal law, the department of job and family
services and county agencies shall do all of the following:
(1) Release information regarding a public assistance recipient for
purposes directly connected to the administration of the program to a
government entity responsible for administering that public assistance
program;
(2) Provide information regarding a public assistance recipient to a
law enforcement agency for the purpose of any investigation,
prosecution, or criminal or civil proceeding relating to the
administration of that public assistance program;
(3) Provide, for purposes directly connected to the administration of
a program that assists needy individuals with the costs of public
utility services, information regarding a recipient of financial
assistance provided under a program administered by the department or a
county agency pursuant to Chapter 5107. or 5108. of the Revised Code or
sections 5115.01 to 5115.07 of the Revised Code to an entity
administering the public utility services program.
(C) To the extent permitted by federal law and section 1347.08 of the
Revised Code, the department and county agencies shall provide access to
information regarding a public assistance recipient to all of the
following:
(1) The recipient;
(2) The authorized representative;
(3) The legal guardian of the recipient;
(4) The attorney of the recipient, if the attorney has written
authorization that complies with section 5101.271 of the Revised Code
from the recipient.
(D) To the extent permitted by federal law and subject to division
(E) of this section, the department and county agencies may do both of
the following:
(1) Release information about a public assistance recipient if the
recipient gives voluntary, written authorization that complies with
section 5101.271 of the Revised Code;
(2) Release information regarding a public assistance recipient to a
state, federal, or federally assisted program that provides cash or
in-kind assistance or services directly to individuals based on need or
for the purpose of protecting children to a government entity
responsible for administering a children’s protective services program.
(E) Except when the release is required by division (B), (C), or
(D)(2) of this section, the department or county agency shall release
the information only in accordance with the authorization. The
department or county agency shall provide, at no cost, a copy of each
written authorization to the individual who signed it.
(F) The department or county agency may release information under
division (D) of this section concerning the receipt of medical
assistance provided under a public assistance program only if all of the
following conditions are met:
(1) The release of information is for purposes directly connected to
the administration of or provision of medical assistance provided under
a public assistance program;
(2) The information is released to persons or government entities
that are subject to standards of confidentiality and safeguarding
information substantially comparable to those established for medical
assistance provided under a public assistance program;
(3) The department or county agency has obtained an authorization
consistent with section 5101.271 of the Revised Code.
(G) Information concerning the receipt of medical assistance provided
under a public assistance program may be released only if the release
complies with this section and rules adopted by the department pursuant
to section 5101.30 of the Revised Code or, if more restrictive, the
Health Insurance Portability and Accountability Act of 1996, Pub. L. No.
104-191, 110 Stat. 1955, 42 U.S.C. 1320d, et seq., as amended, and
regulations adopted by the United States department of health and human
services to implement the act.
(H) The department of job and family services may adopt rules
defining “authorized representative” for purposes of division (C)(2) of
this section.
Effective Date: 06-29-2004; 2007 HB119 09-29-2007
5101.29 Certain day-care records not subject to
public records law.
When contained in a record held by the department of job and family
services or a county agency, the following are not public records for
purposes of section 149.43 of the Revised Code:
(A) Names and other
identifying information regarding children enrolled in or attending a
child day-care center or home subject to licensure, certification, or
registration under Chapter 5104. of the Revised Code;
(B) Names and other identifying information regarding children
placed with an institution or association certified under section
5103.03 of the Revised Code;
(C) Names and other identifying information regarding a person who
makes an oral or written complaint regarding an institution,
association, child day-care center, or home subject to licensure,
certification, or registration to the department or other state or
county entity responsible for enforcing Chapter 5103. or 5104. of the
Revised Code;
(D)(1) Except as otherwise provided in division (D)(2) of this
section, names, documentation, and other identifying information
regarding a foster caregiver or a prospective foster caregiver,
including the foster caregiver application for certification under
section 5103.03 of the Revised Code and the home study conducted
pursuant to section 5103.0324 of the Revised Code.
(2) Notwithstanding division (D)(1) of this section, the following
are public records for the purposes of section 149.43 of the Revised
Code, when contained in a record held by the department of job and
family services, a county agency, or other governmental entity:
(a) All of the following information regarding a currently
certified foster caregiver who has had a foster care certificate
revoked pursuant to Chapter 5103. of the Revised Code or, after
receiving a current or current renewed certificate has been convicted
of, pleaded guilty to, or indicted or otherwise charged with any
offense described in division (C)(1) of section 2151.86 of the Revised
Code:
(i) The foster caregiver’s name, date of birth, and county of
residence;
(ii) The date of the foster caregiver’s certification;
(iii) The date of each placement of a foster child into the foster
caregiver’s home;
(iv) If applicable, the date of the removal of a foster child from
the foster caregiver’s home and the reason for the foster child’s
removal unless release of such information would be detrimental to the
foster child or other children residing in the foster caregiver’s
home;
(v) If applicable, the date of the foster care certificate
revocation and all documents related to the revocation unless
otherwise not a public record pursuant to section 149.43 of the
Revised Code.
(b) Non identifying foster care statistics including, but not
limited to, the number of foster caregivers and foster care
certificate revocations.
Effective Date: 07-01-2000; 09-21-2006; 2008
HB214 05-14-2008