CSS Research Tool
Displaying 1 - 75 of 239 resources
| Citation | Type |
Description |
|---|---|---|
| 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. |
| 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. |
| 10A N.C.A.C. 69 .0202 | State regulation |
(a) All client information in DSS agency records is property of the agency; |
| 10A NCAC 69 .0301 | State regulation |
(a) Confidentiality of information about himself or herself is the right of the client. |
| 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 N.C.A.C. 23H .0101 et seq. | State regulation |
A county social services department may disclose information concerning an individual who applies for or receives Medicaid |
| 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.
|
| 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. |
| 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. 131D-32 | State statute |
A county adult care home advisory committee may not disclose the identity of a complainant or the identity of a resident involved in a complaint except as permitted under the federal Older American |
| G.S. 143-318.11(a)(3) | State statute |
A county social services board or other public body subject to the state’s open meetings law may hold a closed session to consult with an attorney employed or retained by the public body in order t |
| 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. |
| 10A N.C.A.C. 71A .0803 | State regulation |
A county social services department may disclose specific findings regarding an adult protective services investigation pursuant to a court order; with the consent of the disabled adult or disabled |
| 10A N.C.A.C. 71A .0805 | State regulation |
A county social services department may disclose the written report of its investigation of suspected abuse, neglect, or exploitation of a disabled adult to federal, state, or local law enforcement |
| 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 |
| 10A N.C.A.C. 71A .0908 | State regulation |
A county social services department must create a separate case record, or a separate section of an existing case record, containing information regarding adult protective services. |
| 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 |
| 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. 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. |
| 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 |
| 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 |
| 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. |
| 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. |
| N.C. Atty. Gen. Advisory Opinion to Kevin M. Fitzgerald (April 20, 1995) | State guidance |
Addresses access to records by social services boards. |
| 42 U.S.C. § 1306 | Federal statute |
Addresses confidentiality of tax returns and related documentation. |
| 10A N.C.A.C. 71A .0203 | State regulation |
Addresses how DSS must handle adult protective services reports alleging abuse, neglect, or exploitation by a social services board member, department of social services staff member, county commis |
| 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. |
| Sheppard v. Sheppard, 38 N.C. App. 712, 248 S.E.2d 871 (1978) | State case |
Addresses opening of adoption records. |
| 10A N.C.A.C. 70A .0105 | State regulation |
Addresses the process DSS must follow receiving reports of child abuse, neglect, or dependency. |
| 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 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. |
| 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. |
| 10A N.C.A.C. 71A .0907 | State regulation |
After completing an adult protective services investigation, the county social services department must notify the individual who reported the suspected abuse, neglect, or exploitation. |
| G.S. 108A-103(a) | State statute |
After completing an adult protective services investigation, the county social services department must notify the individual who reported the suspected abuse, neglect, or exploitation. |
| 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. 70F .0208 | State regulation |
Agencies that receive children for the purpose of placement in family foster homes, therapeutic foster homes, adoptive homes, and residential maternity homes shall develop and enforce a confidentia |
| 10A N.C.A.C. 70F .0208 | State regulation |
Agencies that receive children for the purpose of placement in family foster homes, therapeutic foster homes, adoptive homes, and residential maternity homes shall develop and enforce a confidentia |
| 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 |
| 10A N.C.A.C. 70A .0113 | State regulation |
All information received by a county DSS in connection with its investigation of reports involving suspected child abuse, neglect, or dependency are confidential pursuant to other laws. |
| G.S. 110-90.2 | 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-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-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. 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. 131D-28 | State statute |
Allows patients, NC DHHS, guardians, and guardians ad litem to file a civil action for injunctive relief to enforce the Adult Care Home Residents' Bill of Rights in GS 131D-21(6) (including th |
| 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 |
| 10A NCAC 69 .0306 | State regulation |
Allows the client to authorize a personal representative to exercise right of access on the client's behalf. |
| 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. 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. 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. 131E-108 | State statute |
Another law, G.S. 131E-117(5), provides that nursing home residents have a right to confidentiality of their medical records. |
| 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 |
| 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 |
| 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. § 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 |
| G.S. 48-3-203 | State statute |
Authorizes an agency placing a child for adoption to: |
| G.S. 48-9-109 | State statute |
Authorizes disclosures of adoption records in limited circumstances. |
| 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. |
| 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. |
| 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. § 405(c) | Federal statute |
Authorizing restrictions on the use and disclosure of social security numbers. |
| 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 |
| 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 .0102 | State regulation |
Central Registry |
| Mosteller v. Stiltner, 221 N.C. App. 486, 727 S.E.2d 601 (2012) | State case |
Child custody and support action. |
| 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 |
| 10A N.C.A.C. 71A .0801 | State regulation |
Collateral contacts with persons knowledgeable about a disabled adult's situation may be made without the adult or caretaker's consent when such contacts are necessary to complete a prote |
| 5 U.S.C. § 552a | Federal statute |
Commonly referred to as the Privacy Act of 1974. |
| 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. |
| 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. |
| 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. |
| 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. 143-318.9 through G.S. 143-318.18 | State statute |
County social services boards are subject to the state’s open meetings law. |