CSS Research Tool

Displaying 1 - 75 of 239 resources

Citation Typesort descending Description
5 U.S.C. § 552(b) Federal statute

Outlines exceptions to the Federal Freedom of Information Act.  

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. § 1320b-7(a)(5) Federal statute

Federal law requiring states to have an income and eligibility verification system in place and to have safeguards in the system to protect information in the system.

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

26 U.S.C. § 6103(l) Federal statute

Information contained in federal income tax returns is confidential and may not be disclosed except as authorized by law.

42 U.S.C. § 405(c) Federal statute

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

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 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. 

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

5 U.S.C. § 552a Federal statute

Commonly referred to as the Privacy Act of 1974.

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. § 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.

42 U.S.C. § 653(b)(2) Federal statute

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

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. § 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)(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

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. § 1306 Federal statute

Addresses confidentiality of tax returns and related documentation.

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. § 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. § 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

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.

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

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

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

42 U.S.C. § 3027(a)(12)(C) Federal statute

If a state receives funding for elder abuse programs through the federal Older Americans Act, it must submit a state plan that provides that information gathered in investigations of abuse reports

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

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. 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. 164.512 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.

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.

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

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

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. 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. 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. 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. 1355.21(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. 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

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. 

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.

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).

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. 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. 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. 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-2902 State statute

Information held by DSS related to child welfare cases is subject to several confidentiality laws.

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. 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.

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. 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. 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. 132-1.11A through 1.12 State statute

Specific public records exception applicable to information about children participating in certain parks and recreation programs. 

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. 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. 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

G.S. 7B-2901 State statute

Juvenile court records maintained by the clerk of superior court in cases involving abuse, neglect, or dependency are not open to public inspection and may be examined only pursuant to court order

G.S. 143B-933 State statute

G.S.

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. 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. 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. 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. 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.

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