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