CSS Research Tool

Displaying 151 - 225 of 239 resources

Citation Type Descriptionsort descending
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. 132-1 through 11 State statute

North Carolina’s public records law (G.S. Ch. 132) generally applies to all state and local government agencies, including county social services departments.

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.

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

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. 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

5 U.S.C. § 552(b) Federal statute

Outlines exceptions to the Federal Freedom of Information Act.  

G.S. 130A-101(g) State 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)(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.

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. 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

G.S. 90-85.36 State statute

Prescription orders on file in a pharmacy may be disclosed only in limited circumstances, including:
to the patient or the patient’s legally authorized representative;

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. 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. 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. 48-9-104 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. 130A-12 State statute

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

10A N.C.A.C. 26B .0202 State regulation

Provides if an area or state mental health facility obtains patient consent to release information, the form must specify what information is to be released and, if applicable, that the information

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. 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

10A NCAC 69 .0102 State regulation

Provides that information from another entity or individual must be treated the same as DSS information.

G.S. 131E-117 State statute

Provides that personal and medical records of nursing home patients are confidential. They may be disclosed:
With the patient's consent;

10A N.C.A.C. 13F .1410 State regulation

Providing that residents in a special care unit for mental health disabilities shall have privacy rights set out in G.S. 131D-21(6) and G.S. 122C Article 3, Part 1.

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

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. 

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. 

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

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. 

10A N.C.A.C. 26B .0101 through .0304 State regulation

Regulations governing confidentiality of MH/DD/SA records. Prohibits the release or disclosure of confidential information except in accordance with G.S. 122C-51 through

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.

10A N.C.A.C. 71A .0503 State regulation

Requires DSS to provide certain information to the Division of Health Services Regulation:

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. 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.

25 U.S.C. § 1951 Federal statute

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

10A N.C.A.C. 70I .0305 State regulation

Residential child care facilities licensed by DHHS must adopt policies restricting the disclosure of confidential information.

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.

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.

10A NCAC 69 .0305 State regulation

See .304 subsection (b).

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.

10A N.C.A.C. 71A .0802 State regulation

Social services agencies must protect the confidentiality of persons who report suspected abuse, neglect, or exploitation of disabled adults or provide information related to an agency’s investigat

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. 

42 U.S.C. § 653(b)(2) Federal statute

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

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.

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

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

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

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 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

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

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

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
certified school counselors;

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

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

10A NCAC 69.0301(b) State regulation

The agency shall provide access as defined in Rule .0301 of this Subchapter as promptly as feasible but no more than five (5) working days after receipt of the request. 

G.S. 143B-181.20 State statute

The confidentiality restrictions in 45 C.F.R.

10A N.C.A.C. 70A .0107 State regulation

The county social services department must notify the district attorney and the appropriate local law enforcement agency if it finds evidence that a juvenile has been abused.

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

10A N.C.A.C. 71A .0906 State regulation

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. 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. 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

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

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

G.S. 130A-99 State statute

The names of children and parents, the addresses of parents (other than county of residence and postal code), and the Social Security numbers of parents contained in birth records in the possession

G.S. 130A-93 State statute

The names of children and parents, the addresses of parents (other than county of residence and postal code), and the Social Security numbers of parents contained in birth records in the possession

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. 8-53.3 State statute

The psychologist-patient privilege is similar to the physician-patient privilege established by G.S. 8-53.

10A N.C.A.C. 69 .0101 through 69 .0605 State regulation

The rules adopted by the state Social Services Commission pursuant to G.S.

10A N.C.A.C. 70A .0109 State regulation

The social services department generally must notify a person who reports suspected child abuse or neglect whether the report has been accepted for investigation, whether the report has been referr

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

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.

G.S. 108A-80 State statute

This is the general, overarching confidentiality law that applies to "any list of names or other information concerning persons applying for or receiving public assistance or social services t

10A N.C.A.C. 67A .0103 State regulation

This regulation includes many requirements related to the physical space for DSS offices.

10A N.C.A.C. 70A .0112 State regulation

This regulation requires DSS to maintain a case record for any child:
for whom protective services have been initiated or
who is in DSS custody.

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