CSS Research Tool
Displaying 1 - 75 of 239 resources
Citation |
Type | Description |
|---|---|---|
| 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. |
| 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. |
| 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.
|
| 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. |
| 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 |
| 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. |
| Sheppard v. Sheppard, 38 N.C. App. 712, 248 S.E.2d 871 (1978) | State case |
Addresses opening of adoption records. |
| Ritter v. Kimball, 67 N.C. App. 333, 313 S.E.2d 1 (1984) | State case |
In civil custody case, father sought DSS testimony and records related to alleged neglect. DSS argued that the information and records, including the identity of the reporter, were confidential. |
| 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. |
| N.C. Atty. Gen. Advisory Opinion to Kevin M. Fitzgerald (April 20, 1995) | State guidance |
Addresses access to records by social services boards. |
| Mosteller v. Stiltner, 221 N.C. App. 486, 727 S.E.2d 601 (2012) | State case |
Child custody and support action. |
| 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. |
| 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. |
| 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. |
| IRS Publication 1075 | Federal guidance |
Detailed guidance regarding confidentiality and security of Federal Tax Information (FTI). |
| In re Spinks, 32 N.C. App. 422, 232 S.E.2d 479 (1977) | State case |
Addresses opening adoption record or files. Provides detailed discussion of balancing relevant policy interests. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. 90-85.36 | State statute |
Prescription orders on file in a pharmacy may be disclosed only in limited circumstances, including: |
| G.S. 90-21.8(d) | State statute |
Court proceedings and court records involving waiver of parental consent for an abortion for an unemancipated minor pursuant to G.S. 90-21.7 and G.S. 90-21.8 are confidential. |
| G.S. 90-21.4(b) | State statute |
When an unemancipated minor child gives consent for the prevention, diagnosis, or treatment of pregnancy, alcohol or substance abuse, emotional disturbance, or venereal disease or other diseases re |
| 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. 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. 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. 8-53.3 | State statute |
The psychologist-patient privilege is similar to the physician-patient privilege established by G.S. 8-53. |
| 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. 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. 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. |
| G.S. 7B-808 | State statute |
Governs the information to be included in a predisposition report in a child protective services case. |
| G.S. 7B-700 | State statute |
Discovery authorized, subject to restrictions: DSS may share information relevant to an abuse, neglect, and dependency proceeding and participate in discovery, except that it is not authorized to d |
| G.S. 7B-601 | State statute |
A guardian ad litem appointed for a juvenile who is alleged to be abused, neglected, or dependent has the authority to obtain any information or reports, whether or not confidential or privileged ( |
| 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. 7B-3101 | State statute |
Juvenile court records are confidential pursuant to GS 7B-3000. |
| 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. 7B-3100 | State statute |
State law requires the Division of Juvenile Justice of the Department of Public Safety (DJJ) to adopt rules designating local agencies that will be required to share information concerning juvenile |
| 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. 7B-307 | State statute |
Notify DA/LE of abuse: DSS must immediately notify the district attorney and the appropriate local law enforcement agency if it finds evidence that a juvenile may have been abused, as defined in G. |
| G.S. 7B-303(e) | State statute |
In a hearing to prevent an individual’s or agency’s interference with an assessment of suspected child abuse, neglect, or dependency, a court may order DSS to reveal the identity of the person who |
| G.S. 7B-302 | State statute |
This statute is one of the most important confidentiality laws related to child protective services. |
| G.S. 7B-301 | State statute |
This statute imposes a general duty for individuals and institutions to report to DSS if they have cause to suspect that a child has been abused, neglected, is dependent, or died due to maltreatmen |
| 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. 7B-3000 | State statute |
Court records maintained by the clerk of superior court in cases involving delinquent or undisciplined juveniles are not open to public inspection and may be examined only pursuant to court order o |
| G.S. 7B-2902 | State statute |
Information held by DSS related to child welfare cases is subject to several confidentiality laws. |
| G.S. 7B-2901(d) | State statute |
Court proceedings and court records involving waiver of parental consent for an abortion for an unemancipated minor pursuant to G.S. 90-21.7 and G.S. 90-21.8 are confidential. |
| G.S. 7B-2901(b) through (c) | State statute |
The county social services department’s records involving abused, neglected, or dependent juveniles who are in the department’s protective custody or placed with the department pursuant to court or |
| 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. 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. 7B-1413 | State statute |
This statute governs access to records by The state Child Fatality Prevention Team and community child protection or child fatality prevention teams and the relatively strict confidentiality rules |
| G.S. 52C-3-311 | State statute |
Provides that if a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying informat |
| G.S. 48-9-109 | State statute |
Authorizes disclosures of adoption records in limited circumstances. |
| 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. 48-9-104 | State statute |
Prohibits release from adoption records "the name, address, or other information that reasonably could be expected to lead directly to the identity of an adoptee, an adoptive parent of an ado |
| 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. 48-9-102 | State statute |
All records created or filed in connection with an adoption (except the decree of adoption and the entry in the special proceedings index) in the possession of the court, an agency, the State, a co |
| G.S. 48-3-309(f) | State statute |
Requires NC DHHS to obtain criminal history checks of all prospective adoptive parents and any individuals 18 and older who live in the prospective adoptive home. |
| G.S. 48-3-205 | 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. 48-3-203 | State statute |
Authorizes an agency placing a child for adoption to: |
| G.S. 48-2-203 | State statute |
Judicial hearings in adoption proceedings must be held in closed court. |
| 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. 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. 160A-208.1 | 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. 15B-8.1 | 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. 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. 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. 143B-939 | 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. 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. 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. 143B-934 | State statute |
All information received by the state DHHS related to criminal history checks of child care providers is “privileged,” is not a public record, and may be used only by DHHS and persons authorized to |
| G.S. 143B-933 | State statute |
G.S. |
| G.S. 143B-932 | State statute |
Criminal record checks of employees, applicants for employment, and volunteers provided by the state Department of Justice to licensed residential child care facilities, licensed child care facilit |