CSS Research Tool
Displaying 1 - 75 of 239 resources
| Citation | Type |
Description |
|---|---|---|
| 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. 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 |
| 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 |
| 10A NCAC 69 .0201 | State regulation |
Whenever there is inconsistency between federal or state statutes or regulations specifically addressing confidentiality issues, the agency shall abide by the statute or regulation which provides m |
| 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 |
| 10A N.C.A.C. 70E .0903 | State regulation |
When a county Department of Social Services places children in a foster home in a different county, the two county departments of social services shall agree in writing that the supervising county |
| 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 |
| 10A N.C.A.C. 71A .0201 | State regulation |
Upon receiving a report of abuse, neglect, or financial exploitation of a disabled adult, DSS may immediately tell the District Attorney's office and local law enforcement agencies if there i |
| 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. 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-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 |
| 10A N.C.A.C. 69 .0201 | State regulation |
This state regulation provides that whenever there is inconsistency between federal or state statutes or regulations specifically addressing confidentiality issues, the agency must comply with the |
| 10A N.C.A.C. 71R .0405 | State regulation |
This regulation specifies what must be included in an application for services funded with Social Services Block Grant funding. |
| 10A N.C.A.C. 70A .0112 | State regulation |
This regulation requires DSS to maintain a case record for any child: |
| 10A N.C.A.C. 67A .0103 | State regulation |
This regulation includes many requirements related to the physical space for DSS offices. |
| 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 |
| 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. 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 |
| 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 |
| 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. |
| 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. 8-53.1 | 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. 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 |
| 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. § 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 |
| 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 |
| 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. 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. 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. 143B-181.20 | State statute |
The confidentiality restrictions in 45 C.F.R. |
| 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. |
| 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 |
| 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. 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 |
| 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 |
| 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 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 |
| 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 |
| 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 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 |
| 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 |
| 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. |
| 42 U.S.C. § 653(b)(2) | Federal statute |
Specifies disclosure restrictions that apply to the Federal Parent Locator service. |
| 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. |
| 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 |
| 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 NCAC 69 .0305 | State regulation |
See .304 subsection (b). |
| 45 C.F.R. 160.203(c) | Federal regulation |
Section of the HIPAA Privacy Regulation explaining when the federal regulation will preempt other laws. |
| 45 C.F.R. 164.512 | Federal regulation |
Section of the HIPAA Privacy Regulation describing when disclosures are permitted without patient authorization. |
| 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. |
| 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. |
| 25 U.S.C. § 1951 | Federal statute |
Requiring states to disclose certain information to the federal government regarding adoption of an Indian child. |
| 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. 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. |
| 10A N.C.A.C. 71A .0503 | State regulation |
Requires DSS to provide certain information to the Division of Health Services Regulation: |
| 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. 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 |
| 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. |
| 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 |
| 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. |
| 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. |
| 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 |
| 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. |
| G.S. 131E-117 | State statute |
Provides that personal and medical records of nursing home patients are confidential. They may be disclosed: |
| 10A NCAC 69 .0102 | State regulation |
Provides that information from another entity or individual must be treated the same as DSS information. |
| 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. 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. |
| 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-12 | State statute |
Protects the confidentiality of certain health information maintained by the NC DHHS and local health departments. |
| 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. 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 |