CSS Research Tool
Displaying 1 - 75 of 239 resources
| Citation |
Type |
Description |
|---|---|---|
| 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. § 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 |
| 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)(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. § 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 |
| 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. § 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. § 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. § 405(c) | Federal statute |
Authorizing restrictions on the use and disclosure of social security numbers. |
| 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 |
| 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. |
| 5 U.S.C. § 552a | Federal statute |
Commonly referred to as the Privacy Act of 1974. |
| 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. |
| 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. § 653(b)(2) | Federal statute |
Specifies disclosure restrictions that apply to the Federal Parent Locator service. |
| 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. |
| 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 |
| 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 |
| 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 § 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. § 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. § 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. § 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 |
| 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. 1355.30 | 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. |
| 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. 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. |
| 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. |
| 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 |
| 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. 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 |
| 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. |
| 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. |
| 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. 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. 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. 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 |
| 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. 7B-2902 | State statute |
Information held by DSS related to child welfare cases is subject to several confidentiality laws. |
| 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. 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. 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. |
| 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. 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. 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-117 | State statute |
Provides that personal and medical records of nursing home patients are confidential. They may be disclosed: |
| 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. 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 |
| 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-2102 | State statute |
Fingerprints and photographs of juveniles taken by law enforcement officers, law enforcement agencies, and county juvenile detention facilities are not public records, shall not be included in the |
| 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. 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. |
| 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. 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. |