CSS Research Tool
Displaying 151 - 225 of 239 resources
| Citation |
Type |
Description |
|---|---|---|
| G.S. 15B-8.1 | 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. 7B-700 | State statute |
Discovery authorized, subject to restrictions: DSS may share information relevant to an abuse, neglect, and dependency proceeding and participate in discovery, except that it is not authorized to d |
| 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. |
| G.S. 131E-97 | State statute |
Personal financial and medical records maintained by hospitals, long-term care facilities, home health agencies, and other health care facilities in connection with the admission, treatment, and di |
| 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 |
| 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. 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 |
| 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. 130A-101(g) | State statute |
Parents are required to provide their Social Security numbers in connection with the registration of the birth of their child. |
| G.S. 90-85.36 | State statute |
Prescription orders on file in a pharmacy may be disclosed only in limited circumstances, including: |
| G.S. 131D-32 | State statute |
A county adult care home advisory committee may not disclose the identity of a complainant or the identity of a resident involved in a complaint except as permitted under the federal Older American |
| G.S. 160A-208.1 | State statute |
Local tax records that contain information about a taxpayer’s income or receipts are not subject to public inspection and disclosure under the state’s public records law (G.S. Ch. |
| 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 |
| G.S. 131D-27 | State statute |
NC DHHS (typically through the county DSS) may have access to adult care home residents' records when investigating potential violations of state law by the home. |
| G.S. 48-9-109 | State statute |
Authorizes disclosures of adoption records in limited circumstances. |
| G.S. 143B-181.20 | State statute |
The confidentiality restrictions in 45 C.F.R. |
| G.S. 143-318.11(a)(3) | State statute |
A county social services board or other public body subject to the state’s open meetings law may hold a closed session to consult with an attorney employed or retained by the public body in order t |
| G.S. 7B-3101 | State statute |
Juvenile court records are confidential pursuant to GS 7B-3000. |
| 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 ( |
| 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. 132-1 through 11 | State statute |
North Carolina’s public records law (G.S. Ch. 132) generally applies to all state and local government agencies, including county social services departments. |
| 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 |
| 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 |
| GS 131D-10.6C | State statute |
Requires the state Division of Social Services to maintain a register of all licensed family foster and therapeutic foster homes. The register must include: |
| 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. 130A-102 | State statute |
Medical information contained in a birth certificate shall not be public records open to inspection. |
| G.S. 7B-808 | State statute |
Governs the information to be included in a predisposition report in a child protective services case. |
| G.S. 131D-34 | State statute |
NC DHHS may impose administrative penalties for violations of the adult care home residents' rights, including the right to confidentiality in G.S. 131D-21(6). |
| G.S. 48-3-203 | State statute |
Authorizes an agency placing a child for adoption to: |
| G.S. 7B-302 | State statute |
This statute is one of the most important confidentiality laws related to child protective services. |
| 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. 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 |
| 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. 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. 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. |
| 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 |
| 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. |
| 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. |
| 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 |
| 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 |
| 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. § 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 § 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. § 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. § 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. § 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 |
| 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)(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. § 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. § 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 |