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: confidential
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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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