CSS Research Tool

Displaying 76 - 150 of 239 resources

Citation Type Descriptionsort descending
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. 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. 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-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

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. 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. 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-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-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-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

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. 

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. 

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. 

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. 

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. 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. 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

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. 

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

10A N.C.A.C. 5J .0201 State regulation

Except as otherwise provided by law, the state Division of Aging, area aging agencies, and providers who provide programs or services to senior citizens administered under the supervision of the st

47 N.C. Atty. Gen. Op. 211 (1978) State guidance

Explains that the confidentiality laws governing social services information applied to all DSS records related to child abuse and neglect cases. 

10A N.C.A.C. 13B .5206 State regulation

Facilities providing psychiatric or substance abuse services must develop procedures to comply with the confidentiality requirements of G.S.

10A N.C.A.C. 13P .1507 State regulation

Failure to comply with the confidentiality requirements of G.S. 143-518 (related to EMS medical and financial records) may be grounds for revoking EMS personnel credentials. 

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

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. § 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.

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

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

10A N.C.A.C. 70G .0507 State regulation

Foster care placing agencies must ensure that information about AIDS or related conditions is disclosed only in accordance with the communicable disease laws specified in G.S. 130A-143.
 

In re Clayton, 159 N.C. App. 228, 582 S.E.2d 727 (2003) State case

Found not to be an abuse of discretion when judge failed to review confidential DSS information before denying a party's discovery request.

10A N.C.A.C. 69 .0101 State regulation

G.S. 108A-80 requires DSS to keep social services and public assistance information confidential.

45 N.C. Atty. Gen. Op. 273 (1976) State guidance

G.S. 108A-80(b) does not allow publication of the list of public assistance recipients in a newspaper because such publication is for a commercial purpose. 

G.S. 131D-10.3A(g) State statute

G.S.

G.S. 143B-933 State statute

G.S.

14B N.C.A.C. 11A .0302 State regulation

G.S.

14B N.C.A.C. 11A .0301 State regulation

G.S.

G.S. 7B-808 State statute

Governs the information to be included in a predisposition report in a child protective services case.

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. 

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. § 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

10A N.C.A.C. 71A .0502 State regulation

If an adult protective services report has been received regarding a resident of a nursing, combination, or residential care facility, DSS is required to share certain information with the administ

G.S. 7B-303(e) State statute

In a hearing to prevent an individual’s or agency’s interference with an assessment of suspected child abuse, neglect, or dependency, a court may order DSS to reveal the identity of the person who

Ritter v. Kimball, 67 N.C. App. 333, 313 S.E.2d 1 (1984) State case

In civil custody case, father sought DSS testimony and records related to alleged neglect. DSS argued that the information and records, including the identity of the reporter, were confidential.

10A N.C.A.C. 70A .0106 State regulation

In conducting a child protective services investigation, the county social services department must exercise discretion in contacting collateral sources and disclosing information in order to prote

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.

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.

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

10A N.C.A.C. 71A .0806 State regulation

Information from the state’s adult protective services registry may be disclosed to law enforcement agencies to protect a disabled adult who needs protective services.

G.S. 7B-2902 State statute

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

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

10A N.C.A.C. 69 .0102 State regulation

Information received by DSS from another agency or individual will be treated as information generated by DSS. The implication is that it will be subject to the same confidentiality protections.

10A N.C.A.C. 71A .0806 State regulation

Information submitted by county departments of social services to the adult protective services registry maintained by the state Division of Social Services is confidential. 

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. 8-53.13 State statute

Information that a nurse (1) obtains in the course of providing nursing services and (2) is necessary to providing those services is considered privileged information.

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.

G.S. 48-2-203 State statute

Judicial hearings in adoption proceedings must be held in closed court.

G.S. 7B-3101 State statute

Juvenile court records are confidential pursuant to GS 7B-3000.

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. 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

10A N.C.A.C. 70E .0902 State regulation

Licensed foster parent must agree to preserve the confidentiality of information received from a child placing agency regarding a foster child and to discuss that information only with appropriate

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. 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. 153A-148.1 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. 130A-102 State statute

Medical information contained in a birth certificate shall not be public records open to inspection.

G.S. 130A-45.8 State statute

Medical records compiled and maintained by public health authorities in connection with the admission, treatment, and discharge of individual patients are not public records.

G.S. 143-518 State statute

Medical records compiled by emergency medical services (EMS) providers and the state DHHS in connection with the dispatch, response, treatment, or transport of individual patients or in connection

10A N.C.A.C. 70A .0203 State regulation

Members of community child protection teams may share confidential information during an official meeting if the information is needed for the team to carry out its responsibilities.

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

10A N.C.A.C. 27G .0206 State regulation

Mental health, developmental disability, and substance abuse facilities and services must comply with the confidentiality requirements of G.S.

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. 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. 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. 110-139.1 State statute

Nonjudicial records maintained by the state DHHS’ parent locator service are confidential and may be disclosed only to persons directly connected with the child support enforcement program or to ju

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