CSS Research Tool

Displaying 1 - 75 of 239 resources

Citation Typesort descending Description
42 U.S.C. § 3058i Federal statute

States shall use federal allotments under the Older Americans Act to develop systems to detect elder abuse, neglect, and exploitation, and information gathered pursuant shall not be released except

5 U.S.C. § 552a Federal statute

Commonly referred to as the Privacy Act of 1974.

42 U.S.C § 290dd-2 Federal statute

Federal law and regulations impose significant restrictions with respect to the disclosure of information about persons who receive alcohol or drug prevention or treatment services from a federally

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.

42 U.S.C. § 653(b)(2) Federal statute

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

42 U.S.C. § 611a Federal statute

State and local social services agencies that administer the Temporary Assistance for Needy Families (TANF) program are required to notify the federal Immigration and Naturalization Service when th

42 U.S.C. § 3027(a)(12)(C) Federal statute

If a state receives funding for elder abuse programs through the federal Older Americans Act, it must submit a state plan that provides that information gathered in investigations of abuse reports

42 U.S.C. § 1396a(a)(7) Federal statute

State and local social services agencies that administer the Medicaid program must provide safeguards that restrict the use or disclosure of information concerning applicants and recipients (includ

7 U.S.C. § 2020(e)(15) Federal statute

State and local social services agencies that administer the Supplemental Nutrition Assistance Program (SNAP) are required to notify the federal Immigration and Naturalization Service when they det

25 U.S.C. § 1951 Federal statute

Requiring states to disclose certain information to the federal government regarding adoption of an Indian child.  

42 U.S.C. § 671(a)(8) Federal statute

As a condition of receiving federal funding for child welfare services under Title IV-B of the Social Security Act, a state must establish safeguards that restrict the use of or disclosure of infor

42 U.S.C. § 1306 Federal statute

Addresses confidentiality of tax returns and related documentation.

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

42 U.S.C § 5106a(b)(2) Federal statute

The federal Child Abuse Prevention and Treatment Act [CAPTA] (as amended in 1996) requires North Carolina, as a condition of receiving federal CAPTA and Title IV-B funding for child protective serv

42 U.S.C. § 1320b-7 Federal statute

State and local social services agencies that administer the Food Stamp Supplemental Nutrition Assistance Pprogram must share information with

42 U.S.C. § 5106a(c) Federal statute

Citizen review panels established pursuant to the federal Child Abuse Prevention and Treatment Act may not disclose any identifying information about any specific child protection case that the pan

42 U.S.C. § 608(a)(9)(B) Federal statute

If a federal, state, or local law enforcement officer asks for a specific TANF recipient's address, DSS must provide the address.

34 U.S.C. § 11186 Federal statute

Except as otherwise authorized by law, records that identify an individual juvenile served by a program funded under subchapter II of the federal Juvenile Justice and Delinquency Prevention Act may

42 U.S.C. § 503(d) Federal statute

Wage, benefit, employment, and other specified information regarding claimants for unemployment benefits provided by a state unemployment compensation agency to a state or local social services age

42 U.S.C. § 602(a)(1)(A)(iv) Federal statute

A state’s plan for the Temporary Assistance for Needy Families (TANF) program must indicate how the state will take reasonable steps, as the state deems necessary, to restrict the use and disclosur

42 U.S.C. § 5106a(b)(3) Federal statute

The federal Child Abuse Prevention and Treatment Act (CAPTA) allows, but does not require, a state to refuse to disclose identifying information concerning an individual who makes a report or compl

7 U.S.C. § 2020(e)(8) Federal statute

State and local social services agencies that administer the federal Food Stamp Supplemental Nutrition Assistance Program must adopt safeguards to limit the use or disclosure of information obtaine

5 U.S.C. § 552(b) Federal statute

Outlines exceptions to the Federal Freedom of Information Act.  

26 U.S.C. § 3304(a)(16) Federal statute

This federal statute in the Internal Revenue Code requires state agencies to compare wage information to determine TANF eligibility.

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.

26 U.S.C. § 6103(l) Federal statute

Information contained in federal income tax returns is confidential and may not be disclosed except as authorized by law.

42 U.S.C. § 405(c)(2)(C)(ii) Federal statute

Parents are required to provide their Social Security numbers in connection with the registration of the birth of their child.

42 U.S.C. § 405(c) Federal statute

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

8 U.S.C. § 1644 Federal statute

Notwithstanding any other federal, state, or local law to the contrary, a state or local government entity may not be prohibited from providing information to the federal Immigration and Naturaliza

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. 

42 C.F.R. 431.300 through .305 Federal regulation

State and local social services agencies that administer the Medicaid program must provide safeguards that restrict the use or disclosure of information concerning applicants and recipients (includ

45 C.F.R. 164 Federal regulation

Federal regulations promulgated pursuant to the Health Insurance Portability and Accountability Act (HIPAA) limit the use and disclosure of protected health information by covered health care provi

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

Federal regulations implementing the Privacy Act of 1974.

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. 

45 C.F.R. 1355.21(a) Federal regulation

As a condition of receiving federal funding for child welfare services under Title IV-B of the Social Security Act, a state must establish safeguards that restrict the use of or disclosure of infor

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

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. 

7 C.F.R. 246.26 Federal regulation

WIC applicant or participant information is confidential, and state agencies must restrict the use and disclosure of confidential information to persons directly connected with the administration o

45 C.F.R. 1321.51 Federal regulation

State aging agencies, area aging agencies, and providers who provide programs or services to senior citizens funded under the federal Older Americans Act may not disclose information about, or rece

45 C.F.R. 205.50 Federal regulation

Detailed federal regulation that governs information sharing for public assistance programs. It is also incorporated by reference into the federal laws governing child welfare. 

7 C.F.R. 272.1(c) Federal regulation

State and local social services agencies that administer the federal Food Stamp Supplemental Nutrition Assistance Program must adopt safeguards to limit the use or disclosure of information obtaine

45 C.F.R. 1355.30 Federal regulation

Providing that state programs funded under Titles IV-B and IV-E of the Social Security Act (Foster Care and Adoption Assistance programs) must comply with the confidentiality protections outlined i

42 C.F.R. 2.1 through 2.67 Federal regulation

Federal law and regulations impose significant restrictions with respect to the disclosure of information about persons who receive alcohol or drug prevention or treatment services from a federally

45 C.F.R. 164.512 Federal regulation

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

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

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

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. 

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. 

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. 

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.

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.

IRS Publication 1075 Federal guidance

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

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.

 

ACF Confidentiality Toolkit (June 2014) Federal guidance

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

G.S. 7B-310 State statute

Laws regarding privileged communications (other than the attorney-client privilege) are not sufficient grounds for excluding evidence of abuse, neglect, or dependency in any juvenile, civil, or cri

G.S. 131D-10.3A(g) State statute

G.S.

G.S. 143B-935 State statute

Criminal record checks of employees and , applicants for employment at the state Division of Juvenile Justice of the Department of Public Safety, as well as of independent contractors who provide d

G.S. 130A-12 State statute

Protects the confidentiality of certain health information maintained by the NC DHHS and local health departments.

G.S. 8-53.1 State statute

The physician- and nurse-privileges may not be used as grounds for excluding evidence regarding the abuse or neglect of, or illness or injury suffered by, a child under the age or 16 in a juvenile

G.S. 48-9-105 State statute

The court that exercised original jurisdiction with respect to an adoption may, upon motion and notice, enter an order allowing the disclosure of identifying or nonidentifying information from conf

G.S. 131D-2.14 State statute

Another law, G.S. 131D-2.11, requires NC DHHS (through the county departments of social services) to conduct annual inspections of licensed adult care homes.

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-11 State statute

Members of the county board of social services are authorized to “inspect and examine” any record of the county social services department relating to applications for or provision of public assist

G.S. 143B-936 State statute

Criminal history checks of individuals 18 and older who live in the prospective adoptive home, licensed foster parents, applicants for foster parent licenses, and adults living in foster care homes

G.S. 8-53.7 State statute

Information that a licensed private social worker (1) obtains in the course of providing professional social services and (2) is necessary to providing those services is considered privileged infor

G.S. 130A-143 State statute

All information and records, whether publicly or privately maintained, that identify a person who has or may have any reportable communicable disease are “strictly confidential” and may be disclose

G.S. 15B-12 State statute

Private social workers may not be compelled disclose any information acquired in rendering professional social services unless compelled by a superior or district court.

G.S. 7B-311 State statute

DSS is required to submit certain information to (1) the central registry and (2) to the responsible individuals list.

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

G.S. 48-9-103 State statute

An agency that placed a child for adoption (or the state Division of Social Services) must provide, upon request, any background information transmitted under G.S.

G.S. 48-10-105 State statute

Unauthorized disclosure of identifying or nonidentifying information contained in confidential adoption records is a class 1 misdemeanor.

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. 

G.S. 132-1.10 State statute

North Carolina has a comprehensive scheme governing the use of social security numbers, including by isolating them on separate pages in certain situations, offering explanations of their intended

G.S. 131D-4.8 State statute

DSS may be part of an adult care home resident discharge team, especially for residents "whose primary unmet needs are related to health, including Alzheimer's disease and other forms of

G.S. 48-10-104 State statute

Notwithstanding any other provision of law, an individual or agency that places a minor for adoption must provide to the prospective adoptive parent a written document containing specified backgrou

G.S. 8-53 State statute

Information that a physician (1) obtains in the course of providing physician services and (2) is necessary to providing those services is considered privileged information.

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