Sec 46-291. Administration and notice; expenditure limitation; locating deserting parents and assets; violation; classification  


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  • A. Cash assistance shall be administered by the department of economic security subject to chapter 1 of this title and article 1 of this chapter. The total amount of state monies that may be spent in any fiscal year by the department of economic security for temporary assistance for needy families shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This section shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.

    B. The department shall give prompt notice to appropriate law enforcement officials of the furnishing of aid to a dependent child.

    C. Notwithstanding the fulfillment of the eligibility requirements for any component of temporary assistance for needy families, an individual is not entitled to services or benefits under temporary assistance for needy families.

    D. The department, its agent or any other state or its political subdivisions or agents that administer a child support enforcement program required by title IV-D of the social security act may request and shall receive information from the records of all entities in this state, including departments of this state and its political subdivisions and for profit and nonprofit entities. The department or receiving state or political subdivision shall use this information to assist it in locating a person or a person's assets if the person is under an obligation to pay child support, is sought regarding an obligation or is owed a child support obligation.

    E. Notwithstanding any other confidentiality requirement prescribed by law, for profit entities, nonprofit entities, any department of this state and its political subdivisions shall provide information as is necessary for the purposes of subsection D of this section. The department of economic security may request and shall receive from the department of revenue information pursuant to this subsection in accordance with sections 41-1954 and 42-2003. This information may include a magnetic tape exchange. Only information directly bearing on the identity and whereabouts of a person or a person's assets who is under an obligation to pay child support or is sought regarding an obligation or regarding a child support obligation that is owed shall be requested and used or transmitted by the department pursuant to the authority conferred by this section. The department of economic security may make this information available only to public officials, agencies and agents of this state and its political subdivisions, and other states, their agents and their political subdivisions administering a child support enforcement program required by title IV-D of the social security act.

    F. Any person who knowingly requests or obtains information pursuant to subsection D or E of this section for purposes other than locating the persons prescribed by subsections D and E of this section is guilty of a class 1 misdemeanor.