CSS Research Tool
Displaying 151 - 225 of 239 resources
| Citation |
Type |
Description |
|---|---|---|
| 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 |
| G.S. 131D-10.3A(g) | State statute |
G.S. |
| G.S. 131D-10.5A | State statute |
A residential child-care facility providing continuing full-time foster care must collect data on its use of physical restraint of children and make the data available to the state Department of He |
| G.S. 130A-12 | State statute |
Protects the confidentiality of certain health information maintained by the NC DHHS and local health departments. |
| G.S. 110-139(b) | State statute |
Nonjudicial records maintained by the state DHHS pertaining to child support enforcement are confidential and may be disclosed only to authorized representatives of social services agencies, public |
| 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. 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. 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. 7B-2902 | State statute |
Information held by DSS related to child welfare cases is subject to several confidentiality laws. |
| 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. 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. 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. 131D-10.6B | State statute |
A residential child-care facility providing continuing full-time foster care must notify the state Department of Health and Human Services of a death of any resident of the facility. |
| 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. 110-129.2(i) | State statute |
Information contained in the state directory of new hires maintained by the state DHHS is confidential and may be used only by the state child support enforcement program or as otherwise allowed by |
| 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. 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. 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. 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. 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. 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. 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. |
| G.S. 110-129.1(a)(1) | State statute |
Information obtained pursuant to an administrative subpoena issued by the Secretary of the state DHHS in connection with a child support enforcement case is confidential and may be used only by the |
| 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. 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. 110-139.1 | State statute |
Nonjudicial records maintained by the state DHHS’ parent locator service are confidential and may be disclosed only to persons directly connected with the child support enforcement program or to ju |
| 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. |
| G.S. 131E-97 | State statute |
Personal financial and medical records maintained by hospitals, long-term care facilities, home health agencies, and other health care facilities in connection with the admission, treatment, and di |
| 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). |
| 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. |
| 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. |
| 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. |
| 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 |
| 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 |
| 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. § 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. § 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. |
| 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. § 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. § 552(b) | Federal statute |
Outlines exceptions to the Federal Freedom of Information Act. |
| 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. § 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 |