Articles in the Social Services category

Disclosure of Child Welfare Records in Cases Where DSS is Not a Party (October 16, 2025)

Child welfare records maintained by a department of social services (DSS) contain sensitive information that parties in various proceedings are often interested in seeing. A complex web of state and federal law governs the disclosure of these records – more than I can cover here. For purposes of this post, it’s sufficient to know that G.S. 108A-80 is a broadly applicable confidentiality statute that applies to DSS and covers client information generally. Absent limited statutory exceptions, G.S. 108A-80(a) prohibits disclosure of information related to individuals who apply for or receive public assistance or social services, including child welfare services.

Child welfare information is also subject to an additional set of confidentiality restrictions under Chapter 7B of the North Carolina General Statutes. For example, G.S. 7B-302 makes information that is obtained by DSS related to a juvenile’s alleged abuse, neglect, or dependency (A/N/D) confidential. Similarly, G.S. 7B-2901(b) requires DSS to maintain confidential records of juveniles it has in its custody. Both statutes provide exceptions to the confidentiality requirement.

This post explores how the exceptions in G.S. 7B-302 and 7B-2901(b) apply when a party—either in a North Carolina civil case where DSS is not a party or in a criminal or delinquency matter—wants DSS child welfare records about someone other than themselves. Note that in this post I use the term ‘DSS records’ to refer to child welfare records maintained by DSS, including those from juvenile A/N/D proceedings.

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New Resource: Creating Release of Information Forms for the Disclosure of Health, Mental Health, Social Services, and Substance Use Disorder Information with Client Consent (January 8, 2025)

Many of the confidentiality laws that apply to North Carolina’s social services agencies, mental health facilities, healthcare providers, local health departments, and substance use disorder treatment providers permit disclosure of […]

READ POST "New Resource: Creating Release of Information Forms for the Disclosure of Health, Mental Health, Social Services, and Substance Use Disorder Information with Client Consent (January 8, 2025)"

Rule 17 GALs for Respondent Parents: A Final Lesson from In re A.K. (October 18, 2024)

 

Recently, the North Carolina Court of Appeals rendered a decision in In re A.K., __ N.C. App. __ (August 6, 2024), which touches on multiple issues relevant to juvenile abuse, neglect, dependency (AND) practitioners. (I blogged about one of those issues – a parent’s right to be represented by a retained attorney of their choosing, regardless of the attorney’s AND experience – here. My colleague Sara DePasquale published a blog about another issue: considering a family’s culture, including religion and language, in an AND proceeding.) This post will explore a third issue raised in the opinion: the appointment of a Rule 17 guardian ad litem (GAL) to an incompetent respondent parent.

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Child Advocacy Centers, Child Medical Evaluations, and Multidisciplinary Team Information Sharing: New Law Goes into Effect on July 1 (June 27, 2024)

Across North Carolina, there are 55 child advocacy centers (CACs) providing services to children who have experienced maltreatment, including physical or sexual abuse. County departments of social services and local […]

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