CSS Research Tool

Displaying 1 - 75 of 239 resources

Citation Type Description
IRS Publication 1075 Federal guidance

Detailed guidance regarding confidentiality and security of Federal Tax Information (FTI).

GS 131D-10.6C State statute

Requires the state Division of Social Services to maintain a register of all licensed family foster and therapeutic foster homes. The register must include:

ACF Confidentiality Toolkit (June 2014) Federal guidance

Resource collecting and summarizing federal confidentiality laws applicable to social services programs. 

US DHHS Memorandum, TANF and Child Welfare Data Sharing (Sept. 2015) Federal guidance

Information memorandum encouraging information sharing between agencies administering TANF and child welfare programs.

 

10A NCAC 69 .0306 State regulation

Allows the client to authorize a personal representative to exercise right of access on the client's behalf.
Requires that the client make the request in writing.

10A NCAC 69 .0102 State regulation

Provides that information from another entity or individual must be treated the same as DSS information.

10A NCAC 69 .0201 State regulation

Whenever there is inconsistency between federal or state statutes or regulations specifically addressing confidentiality issues, the agency shall abide by the statute or regulation which provides m

10A NCAC 69.0301(b) State regulation

The agency shall provide access as defined in Rule .0301 of this Subchapter as promptly as feasible but no more than five (5) working days after receipt of the request. 

N.C. Atty. Gen. Advisory Opinion to Kevin M. Fitzgerald (April 20, 1995) State guidance

Addresses access to records by social services boards.

10A NCAC 69 .0305 State regulation

See .304 subsection (b).

10A NCAC 69 .0304 State regulation

(a) The director or his/her delegated representative shall be present when the client reviews the record.

10A NCAC 69 .0303 State regulation

(a) When the director or a delegated representative determines on the basis of the exceptions in Rule .0301 of this Subchapter to withhold information from the client record, this reason shall be d

10A NCAC 69 .0301 State regulation

(a) Confidentiality of information about himself or herself is the right of the client.

State v. McGill, 141 N.C. App. 98 (2000) State case

A defendant charged with sexual abuse of a minor has a constitutional right of in camera review by the trial judge of all the records of the agency charged with investigating allegations of child a

10A N.C.A.C. 69 .0101 State regulation

G.S. 108A-80 requires DSS to keep social services and public assistance information confidential.

10A N.C.A.C. 69 .0202 State regulation

(a) All client information in DSS agency records is property of the agency;
employees must protect and preserve the information as required by the regulations in Title 10A, Chapter 69

10A N.C.A.C. 69 .0201 State regulation

This state regulation provides that whenever there is inconsistency between federal or state statutes or regulations specifically addressing confidentiality issues, the agency must comply with the

10A N.C.A.C. 69 .0102 State regulation

Information received by DSS from another agency or individual will be treated as information generated by DSS. The implication is that it will be subject to the same confidentiality protections.

10A N.C.A.C. 70A .0112 State regulation

This regulation requires DSS to maintain a case record for any child:
for whom protective services have been initiated or
who is in DSS custody.

58 N.C. Atty. Gen. Op. 33 (1988) State guidance

Confidentiality laws that apply to juvenile records do not apply to reports of motor vehicle incidents involving drivers under the age of 18.

Makas v. Hillhaven, Inc., 589 F. Supp. 736 (M.D.N.C. 1984) Federal case

Court rejecting negligence per se claim based on a standard of care defined by the Nursing Home Patient's Bill of Rights in GS 131E-117.

G.S. 130A-45.8 State statute

Medical records compiled and maintained by public health authorities in connection with the admission, treatment, and discharge of individual patients are not public records.

G.S. 132-1 through 11 State statute

North Carolina’s public records law (G.S. Ch. 132) generally applies to all state and local government agencies, including county social services departments.

42 U.S.C. § 1306 Federal statute

Addresses confidentiality of tax returns and related documentation.

20 C.F.R. 402.100 Federal regulation

Authorizing the federal government to withhold information requested pursuant to FOIA "if disclosure would constitute a clearly unwarranted invasion of their personal privacy." Outlines a

20 C.F.R. 401.100 through 401.200 Federal regulation

Federal regulations implementing the Privacy Act of 1974.

5 U.S.C. § 552a Federal statute

Commonly referred to as the Privacy Act of 1974.

42 U.S.C. § 405(c) Federal statute

Authorizing restrictions on the use and disclosure of social security numbers.

Housecalls Home Health Care, Inc. v. State, 2011CVS2696 (Super. Ct. of N.C., Wake Co. Apr. 9, 2012) State case

Qualified protective order governing medical information and Medicaid records. 

G.S. 130A-212 State statute

Provides that "clinical records or reports of individual patients" collected by the NC DHHS cancer registry are confidential and not public records.

G.S. 90-113.74 State statute

Information about prescriptions maintained in the state's Controlled Substances Reporting System is "privileged and confidential, is not a public record pursuant to G.S.

G.S. 108A-73 State statute

GS Chapter 108A, Article 3 (G.S. 108A-71) provides general authorization for the state to accept grants-in-aid to administer social services programs. 

10A N.C.A.C. 71R .0405 State regulation

This regulation specifies what must be included in an application for services funded with Social Services Block Grant funding.

10A N.C.A.C. 67A .0103 State regulation

This regulation includes many requirements related to the physical space for DSS offices.

42 U.S.C. § 1320b-7(a)(5) Federal statute

Federal law requiring states to have an income and eligibility verification system in place and to have safeguards in the system to protect information in the system.

Fracaro v. Priddy, 514 F. Supp. 191 (M.D.N.C. 1981) Federal case

Employment case involving a DSS employee's disclosure of information to the media about a child welfare case. 

G.S. 108A-26.1 State statute

County DSSs are required to notify applicants for Work First and Food and Nutrition assistance that the agency may release confidential information from the record if there is an outstanding arrest

G.S. 108A-79 State statute

A person appealing a decision related to a public assistance program has a right to have access to relevant information in the DSS case file.

10A N.C.A.C. 13F .1410 State regulation

Providing that residents in a special care unit for mental health disabilities shall have privacy rights set out in G.S. 131D-21(6) and G.S. 122C Article 3, Part 1.

G.S. 7B-808 State statute

Governs the information to be included in a predisposition report in a child protective services case.

United States v. Beckton, 7:11-CR-00061-BR-1 (E.D.N.C. May 2, 2012) Federal case

Denying a motion to produce confidential records because the attorney did not pursue other available means of obtaining that information. 

G.S. 131E-141 State statute

Authorizing NC DHHS to have access to confidential information in the course of inspecting home care agencies, unless a client objects in writing to review of that client's records.

42 U.S.C. § 1320d-7 Federal statute

Administration provisions and statutory authorization for the HIPAA Privacy and Security Regulations are set out in 42 U.S.C. § 1320d through 1320d-9.

G.S. 14-409.42 State statute

After the expiration of an inpatient or outpatient commitment, a person may petition a court to have disabilities removed from his or her record.

10A N.C.A.C. 26B .0101 through .0304 State regulation

Regulations governing confidentiality of MH/DD/SA records. Prohibits the release or disclosure of confidential information except in accordance with G.S. 122C-51 through

Mosteller v. Stiltner, 221 N.C. App. 486, 727 S.E.2d 601 (2012) State case

Child custody and support action.

45 C.F.R. 164.512 Federal regulation

Section of the HIPAA Privacy Regulation describing when disclosures are permitted without patient authorization.

G.S. 131E-144.3(5) State statute

A client of a home care agency has the right to "have his or her personal and medical records kept confidential and not be disclosed except as permitted or required by applicable State or fed

45 C.F.R. 160.203(c) Federal regulation

Section of the HIPAA Privacy Regulation explaining when the federal regulation will preempt other laws.

45 N.C. Atty. Gen. Op. 273 (1976) State guidance

G.S. 108A-80(b) does not allow publication of the list of public assistance recipients in a newspaper because such publication is for a commercial purpose. 

In re K.D., 178 N.C. App. 322, 631 S.E.2d 150 (2006) State case

Addressing assertion of psychologist-patient privilege on appeal in a neglect case. 
 

Kowalcyzk v. Gaston County Dep't of Soc. Servs., 3:00CV502-McK (W.D.N.C. Oct. 15, 2001) Federal case

Refuses to recognize the state social services confidentiality laws as establishing a new privilege. 

G.S. 143B-168.14(a)(2) State statute

Local Smart Start partnerships must adopt policies comparable to those contained in the state’s public records and open meetings laws.

G.S. 132-1.11A through 1.12 State statute

Specific public records exception applicable to information about children participating in certain parks and recreation programs. 

N.C. Atty. Gen. Advisory Opinion to Kevin M. Fitzgerald (April 4, 1997) State guidance

Release of child protective services information related to a child fatality. Includes discussion of CAPTA requirements.

Brunson v. N.C. Dep't of Soc. Servs., 5:09-CT-03063-FL (E.D.N.C. Apr. 24, 2013) reconsideration denied in part, 5:09-CT-3063-FL (E.D.N.C. July 29, 2013) Federal case

Section 1983 claim against DSS staff arguing that the agency filed false reports leading to his indictment. Plaintiff filed motion to compel production of documents protected by GS 7B-302.

In re N.C.L., 89 N.C. App. 79, 365 S.E.2d 213 (1988) State case

"The duty of a guardian ad litem in a juvenile case is to see that the child's interests and needs are being met.

State v. Martin, 195 N.C. App. 43, 671 S.E.2d 53 (2009) State case

Slip opinion. Addresses DSS's duty to share information with law enforcement officials. States that DSS is not a law enforcement official.

47 N.C. Atty. Gen. Op. 211 (1978) State guidance

Explains that the confidentiality laws governing social services information applied to all DSS records related to child abuse and neglect cases. 

49 N.C. Atty. Gen. Op. 198 (1980) State guidance

A county social services department may not disclose information regarding child protective services cases to a community advisory group unless the disclosure is for purposes directly connected wit

49 N.C. Atty. Gen. Op. 61 (1979) State guidance

County social services department may disclose public assistance and social services records to the state DHHS in connection with its evaluation of social services programs. 

53 N.C. Atty. Gen. Op. 108 (1984) State guidance

A county social services department may disclose client information to law enforcement agencies investigating fraud related to public assistance or social services programs. 

Wilkinson v. Riffel, 72 N.C. App. 220, 324 S.E.2d 31 (1985) State case

"We believe the placement of juveniles for adoption is relevant to a determination by the guardian ad litem as to whether the needs of the juveniles are being met. G.S.

In re J.L., 199 N.C. App. 605, 685 S.E.2d 11 (2009) State case

Addresses the right of a juvenile or the juvenile's attorney to have access to his or her own records. 

Wright v. Smith, 177 N.C. App. 289, 628 S.E.2d 259 (2006) State case

Custodians of a child requested copies of DSS records about the child. Court ordered disclosure. 

Jane Doe 1 v. Swannanoa Valley Youth Dev. Ctr., 163 N.C. App. 136, 592 S.E.2d 715 (2004) State case

Recognizing an order of the NC Industrial Commission as a "court order" compelling disclosure of social services records. 

In re Clayton, 159 N.C. App. 228, 582 S.E.2d 727 (2003) State case

Found not to be an abuse of discretion when judge failed to review confidential DSS information before denying a party's discovery request.

In re Greene, 152 N.C. App. 410, 568 S.E.2d 634 (2002) State case

Brief discussion upholding the trial court's exclusion from evidence of certain documentation in DSS records under G.S. 7B-2901.

10A N.C.A.C. 70A .0105 State regulation

Addresses the process DSS must follow receiving reports of child abuse, neglect, or dependency.

42 U.S.C. § 654(26) Federal statute

As a condition of receiving federal funding for the child support enforcement program, the state must "have in effect safeguards, applicable to all confidential information handled by the Stat

45 C.F.R. 307.13 Federal regulation

Confidentiality and security requirements applicable to electronic information maintained by child support enforcement programs funded through Title IV-D of the Social Security Act. 

45 C.F.R. 303.21 Federal regulation

Confidentiality requirements applicable to information maintained by child support enforcement programs funded through Title IV-D of the Social Security Act. 

42 U.S.C. § 653(b)(2) Federal statute

Specifies disclosure restrictions that apply to the Federal Parent Locator service.

42 U.S.C. § 653(j)(3) Federal statute

Authorizes other federal programs to share information with the Federal Parent Locator Service for the purpose of child support enforcement. 

48 N.C. Atty. Gen. Op. 85 (1980) State guidance

Addressed disclosure of otherwise confidential personnel information to the parent locator service for the child support enforcement program. 

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