CSS Research Tool
Displaying 1 - 75 of 239 resources
| Citation |
Type |
Description |
|---|---|---|
| 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 |
| 5 U.S.C. § 552a | Federal statute |
Commonly referred to as the Privacy Act of 1974. |
| 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 |
| 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. § 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. § 653(b)(2) | Federal statute |
Specifies disclosure restrictions that apply to the Federal Parent Locator service. |
| 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 |
| 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. § 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 |
| 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. |
| 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 |
| 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. § 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. § 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 |
| 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. § 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 |
| 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. § 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 |
| 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 |
| 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 |
| 5 U.S.C. § 552(b) | Federal statute |
Outlines exceptions to the Federal Freedom of Information Act. |
| 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. |
| 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. § 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. |
| 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. |
| 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. § 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 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. |
| 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. 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. 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. 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. 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. |
| 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. 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 |
| 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. |
| 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. |
| 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. |
| 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.
|
| ACF Confidentiality Toolkit (June 2014) | Federal guidance |
Resource collecting and summarizing federal confidentiality laws applicable to social services programs. |
| G.S. 131D-10.3A(g) | State statute |
G.S. |
| G.S. 130A-12 | State statute |
Protects the confidentiality of certain health information maintained by the NC DHHS and local health departments. |
| 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. 7B-310 | State statute |
Laws regarding privileged communications (other than the attorney-client privilege) are not sufficient grounds for excluding evidence of abuse, neglect, or dependency in any juvenile, civil, or cri |
| 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. 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. 90-113.74 | State statute |
Information about prescriptions maintained in the state's Controlled Substances Reporting System is "privileged and confidential, is not a public record pursuant to G.S. |
| 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 |
| G.S. 108A-11 | State statute |
Members of the county board of social services are authorized to “inspect and examine” any record of the county social services department relating to applications for or provision of public assist |
| 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 |
| G.S. 8-53.7 | State statute |
Information that a licensed private social worker (1) obtains in the course of providing professional social services and (2) is necessary to providing those services is considered privileged infor |
| 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. 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. 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 |
| G.S. 7B-311 | State statute |
DSS is required to submit certain information to (1) the central registry and (2) to the responsible individuals list. |
| 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. 108A-73 | State statute |
GS Chapter 108A, Article 3 (G.S. 108A-71) provides general authorization for the state to accept grants-in-aid to administer social services programs. |
| 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. 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. 131D-4.8 | State statute |
DSS may be part of an adult care home resident discharge team, especially for residents "whose primary unmet needs are related to health, including Alzheimer's disease and other forms of |
| 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. 8-53 | State statute |
Information that a physician (1) obtains in the course of providing physician services and (2) is necessary to providing those services is considered privileged information. |