In my last blog post about the confidentiality of adult protective services (APS) information, I described a five-step framework for determining when a department of social services (DSS) may release APS information (see flowchart here). The first step in that framework asks whether a state or federal law requires the disclosure of the confidential information. This blog post discusses some statutes and rules that require disclosure of APS information (to specific parties in specific circumstances) or give a particular agency or individual the right to access or inspect APS information. Note, however, that this post does not provide an exhaustive list of the various federal and state laws that may require the disclosure of certain APS information—nor does it discuss laws that allow (but do not require) DSS to disclose information.
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Tag: adult protective services
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Statutory Case Review Multidisciplinary Teams: S.L. 2025-23 Provides a New Model for Protecting Vulnerable Adults
*This post is co-authored with my colleague, Kristi Nickodem.
For years, local stakeholders in North Carolina have been forming adult protective multidisciplinary teams (MDTs)—groups of professionals from different disciplines who find ways to prevent and respond to abuse, neglect, and exploitation of vulnerable adults. Effective October 1, Session Law 2025-23 authorizes each North Carolina county to form a “Case Review Multidisciplinary Team,” whose members will be legally permitted to share confidential information with each other as necessary to investigate, review, and coordinate services for active adult protective services cases. The stated public policy of this new law recognizes that professionals from disparate disciplines have expertise that can promote the safety and well-being of disabled adults and older adults and prevent re-victimization. G.S. 108A-118(a). This blog post explains the requirements of the new law and addresses some frequently asked questions. If you are interested in learning more about S.L. 2025-23, we also have a one-hour webinar that is available for free on demand.
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Disclosing Adult Protective Services Information: The Legal Framework and a New Flowchart
In North Carolina, each county department of social services (DSS) is responsible for receiving and evaluating reports of alleged abuse, neglect, or exploitation of disabled adults. See G.S. 108A-102 and –103. These reports and the evaluations that follow them often involve highly sensitive information about vulnerable adults. From time to time, each DSS receives requests for this adult protective services (APS) information. For example, a law enforcement agency may want APS information to help solve a crime or protect a crime victim. A medical examiner may seek APS information to investigate an individual’s cause of death. A concerned family member may ask for APS information to better understand how DSS handled a deceased relative’s case. In each of these scenarios, DSS needs to understand when it is legally allowed—or even required—to release this information. This blog explores North Carolina’s laws regarding the confidentiality of APS information, including introducing a new flowchart for analyzing when state and federal laws allow APS information to be disclosed. Future blog posts in this series will provide examples of mandatory and permissive disclosures of APS information.
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Introducing a New Flow Chart for Adult Protective Services Court Proceedings
Navigating the legal requirements applicable to adult protective services (APS) court proceedings can be challenging, given the expedited nature of the cases, the different types of orders the court may issue, and the varying legal standards and timelines that apply to each order. The urgent and often emergency-driven nature of APS cases adds further complexity to the process. That’s why we developed a new resource designed to assist county department of social services (DSS) directors, social workers, and attorneys—along with court officials and other professionals involved in APS —better understand the essential steps in a court proceeding to obtain an order for APS protective and emergency services.
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New Resources for Protecting Vulnerable Adults in North Carolina
In state fiscal year 2022-2023, county departments of social services in North Carolina received 35,400 reports alleging the abuse, neglect, or exploitation of vulnerable adults. Fifty-six counties across the state have addressed this problem through creating adult protection multidisciplinary teams (MDTs)—groups of professionals from different disciplines who work together to prevent and respond to abuse, neglect, and exploitation of disabled and/or older adults. An additional 38 North Carolina counties are currently working to form adult protection MDTs. The School of Government’s Adult Protection Network is excited to announce a redesigned Adult Protection Network website with new resources for those in the adult protection field, including new online trainings and an MDT Toolkit with template documents for adult protection MDTs.
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Human Trafficking: New SOG Resource Explaining Your Obligation to Make a Report and How the Agency Responds
January recognizes the importance of knowing about human trafficking. The President has declared January Human Trafficking Prevention Month (see the proclamation here). The North Carolina Governor and the Chief Justice have both declared January Human Trafficking Awareness Month (see the Governor’s proclamation here and the Chief Justice’s proclamation here). The purpose of these declarations is both a recognition that human trafficking in the United States and North Carolina exists and to educate our citizens about this issue. Partnerships are required for a successful response to combat the crime of human trafficking, which involves both sex and labor trafficking. The national, state, and local responses involve the prevention of human trafficking, protection for victims and survivors, and the prosecution of traffickers.
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Apply Now for the Upcoming Adult Protection Multidisciplinary Team Workshop
Someone once told me that to get people really interested in a meeting you need to either make it free to attend or provide food. Well, thanks to funding from the North Carolina Judicial College, we are doing both for an upcoming workshop at the School of Government. It will be held March 2-3, 2023, and will bring together diverse stakeholders from around North Carolina to begin the process of forming and developing adult protection multidisciplinary teams (MDTs). Each team may send up to seven people to participate in the workshop. The application period is now open and runs through January 13, 2023. You can learn details about the workshop and apply here.
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Ongoing Support for Adult Protection Multidisciplinary Teams Now Available Through the School of Government Help Desk
Over the past few years, faculty and staff at the School of Government collaborated with public officials across the state to develop resources and tools related to the growth and development of adult protection multidisciplinary teams (MDTs). An adult protection MDT is a group of professionals in a geographic region who work together toward common goals related to preventing and responding to abuse, in any of its forms (physical, emotional, and sexual abuse; self-neglect and caretaker neglect; and exploitation, including financial exploitation).
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Will We See More APS Petitions During COVID-19? What GALs Need to Know
I previously published on this blog Guardian ad Litem Attorney Challenges in the Era of COVID-19, which explored the complications the current pandemic has posed for Guardians ad Litem (“GALs”) in Chapter 35A incompetency and guardianship proceedings. Given these challenges and other developments, GALs may see an increase in the number of Adult Protective Service (“APS”) petitions being filed under Chapter 108A. This could be good news for GALs and their clients in some situations; however, GALs also need to be aware of the potential risks that could go along with a rise in APS petitions.
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New SOG Bulletin! Human Trafficking of Minors and Young Adults: What Local Governments Need to Know
My colleague, Margaret Henderson, and I are excited to announce a new SOG resource – Human Trafficking of Minors and Young Adults: What Local Governments Need to Know. Youth are particularly vulnerable to traffickers. County and municipal staff in many departments have either spontaneous or deliberate interactions with youth that provide opportunities to lessen those vulnerabilities, identify indicators of trafficking, and intervene when appropriate. Download the bulletin on the School of Government’s website, here.
This 36-page bulletin is organized into three parts. Continue Reading