CSS Research Tool

Displaying 151 - 225 of 239 resources

Citation Type Descriptionsort ascending
10A N.C.A.C. 71A .0901 State regulation

Describes the information that must be included in a written report of an adult protective services evaluation. 

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. 

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. 

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

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-931(e) State statute

Criminal history checks of employees, applicants for employment, and applicants to volunteer at schools within the Department of Health and Human Services shall be kept confidential. 

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. 131D-40 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

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.

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-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. 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.

49 N.C. Atty. Gen. Op. 61 (1979) State guidance

County social services department may disclose public assistance and social services records to the state DHHS in connection with its evaluation of social services programs. 

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. 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

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. 

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. 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. 

5 U.S.C. § 552a Federal statute

Commonly referred to as the Privacy Act of 1974.

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

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

Mosteller v. Stiltner, 221 N.C. App. 486, 727 S.E.2d 601 (2012) State case

Child custody and support action.

10A N.C.A.C. 70A .0102 State regulation

Central Registry

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.

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

42 U.S.C. § 405(c) Federal statute

Authorizing restrictions on the use and disclosure of social security numbers.

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. § 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-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. 

G.S. 48-9-109 State statute

Authorizes disclosures of adoption records in limited circumstances. 

G.S. 48-3-203 State statute

Authorizes an agency placing a child for adoption to:
notify the parent when a placement has occurred and when an adoption decree is issued, and

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. § 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

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

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

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. 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. 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. 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.

10A NCAC 69 .0306 State regulation

Allows the client to authorize a personal representative to exercise right of access on the client's behalf.
Requires that the client make the request in writing.

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

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. 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. 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. 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. 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

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. 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. 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. 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. 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.

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.

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. 

10A N.C.A.C. 70A .0105 State regulation

Addresses the process DSS must follow receiving reports of child abuse, neglect, or dependency.

Sheppard v. Sheppard, 38 N.C. App. 712, 248 S.E.2d 871 (1978) State case

Addresses opening of adoption records.

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. 

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

42 U.S.C. § 1306 Federal statute

Addresses confidentiality of tax returns and related documentation.

N.C. Atty. Gen. Advisory Opinion to Kevin M. Fitzgerald (April 20, 1995) State guidance

Addresses access to records by social services boards.

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. 

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. 

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. 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. 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. 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 (

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

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. 

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 .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

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

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. 

Pages