CSS Research Tool
Displaying 151 - 225 of 239 resources
| Citation |
Type |
Description |
|---|---|---|
| G.S. 8-53.4 through G.S. 8-53.12 | State statute |
State law recognizes qualified evidentiary privileges with respect to confidential communications to and confidential information obtained by |
| G.S. 7B-2102 | State statute |
Fingerprints and photographs of juveniles taken by law enforcement officers, law enforcement agencies, and county juvenile detention facilities are not public records, shall not be included in the |
| G.S. 131D-27 | State statute |
The state DHHS and its agents are authorized to inspect the records of adult care home residents maintained at an adult care home when the inspection is necessary to investigate an alleged violatio |
| G.S. 131E-123 | State statute |
Allows patients, NC DHHS, guardians, and guardians ad litem to file a civil action for injunctive relief to enforce the Nursing Home Patients' Bill of Rights in GS 131E-117 (including the conf |
| G.S. 143B-931(e) | State statute |
Criminal history checks of employees, applicants for employment, and applicants to volunteer at schools within the Department of Health and Human Services shall be kept confidential. |
| G.S. 130A-25 | State statute |
A violation of the state's public health statutes, including the confidentiality provisions of G.S. 130A-143, is a Class 1 misdemeanor. |
| G.S. 130A-102 | State statute |
Medical information contained in a birth certificate shall not be public records open to inspection. |
| 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: |
| G.S. 153A-148.1 | State statute |
Local tax records that contain information about a taxpayer’s income or receipts are not subject to public inspection and disclosure under the state’s public records law (G.S. Ch. |
| G.S. 7B-302 | State statute |
This statute is one of the most important confidentiality laws related to child protective services. |
| G.S. 131D-21.1 | State statute |
Another law, G.S. 131D-21(6), provides that adult care home residents have a right to confidentiality of their medical records. |
| G.S. 132-1.1(a) | State statute |
Written communications to a state or local governmental body made within the scope of the attorney-client relationship by any attorney serving the public body concerning a claim against or on behal |
| G.S. 108A-109 | State statute |
The county social services director must notify the district attorney when an adult protective services investigation finds evidence that a person has abused, neglected, or exploited a disabled adu |
| G.S. 122C-52 through 56 | State statute |
Any information, whether or not recorded, relating to services provided to an identifiable individual by a mental health facility is confidential and may not be disclosed except as authorized by la |
| G.S. 7B-3001 | State statute |
Records of juvenile court counselors regarding juveniles under their supervision and all other records and files maintained by the Division of Juvenile Justice (DJJ) of the Department of Public Saf |
| G.S. 131D-40 | State statute |
Criminal history checks of prospective adult care home employees that are provided by the state Department of Justice to licensed adult care homes are confidential and may not be disclosed to anyon |
| G.S. 131E-129 | State statute |
Authorizes NC DHHS to impose administrative penalties for violations of the Nursing Home Patients' Bill of Rights in GS 131E-117, including the confidentiality provision. |
| 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. 105-259 | State statute |
State agencies may disclose state tax returns and other state tax information concerning individual taxpayers only when required by court order or as otherwise provided by law. |
| G.S. 131D-21(6) | State statute |
Personal and medical records of adult care home residents are confidential and may not be disclosed except as permitted or required by applicable State or federal law. |
| G.S. 7B-3100(b) | State statute |
Prohibits the disclosure of information concerning a juvenile who is under investigation or alleged to be within the juvenile court’s jurisdiction that would reveal the juvenile’s identity other th |
| 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. 131E-124 | State statute |
Requires NC DHHS to investigate complaints related to nursing homes and authorizes the agency to have access to medical records in the course of the investigation. |
| 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. |
| 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. 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. 143B-933 | State statute |
G.S. |
| G.S. 143B-139.6 | State statute |
All privileged patient medical records in the possession of the state DHHS are confidential and are not subject to public disclosure under the state’s public records law (G.S. Ch. 132). |
| G.S. 7B-2901 | State statute |
Juvenile court records maintained by the clerk of superior court in cases involving abuse, neglect, or dependency are not open to public inspection and may be examined only pursuant to court order |
| 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. 8-53.13 | State statute |
Information that a nurse (1) obtains in the course of providing nursing services and (2) is necessary to providing those services is considered privileged information. |
| 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. 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. 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. 143-318.9 through G.S. 143-318.18 | State statute |
County social services boards are subject to the state’s open meetings law. |
| G.S. 143-518 | State statute |
Medical records compiled by emergency medical services (EMS) providers and the state DHHS in connection with the dispatch, response, treatment, or transport of individual patients or in connection |
| 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. |
| IRS Publication 1075 | Federal guidance |
Detailed guidance regarding confidentiality and security of Federal Tax Information (FTI). |
| 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. |
| 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 |
| 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. |
| 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. 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 |
| 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. |
| 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 | 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 |
| 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. 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 |
| 45 C.F.R. 160.203(c) | Federal regulation |
Section of the HIPAA Privacy Regulation explaining when the federal regulation will preempt other laws. |
| 5 U.S.C. § 552a | Federal statute |
Commonly referred to as the Privacy Act of 1974. |
| 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. § 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 § 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. § 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 |
| 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 |
| 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. § 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. § 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)(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 |
| 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 |