Every year, county departments of social services investigate thousands of reports of child abuse and neglect across North Carolina. Tragically, some of those cases of abuse or neglect end in the death of a child. After one of these fatalities occurs, concerned citizens, public officials, and members of the media often have questions about the circumstances leading up to the fatality. The public often wants to understand whether a county department of social services (DSS) was involved with the child, and if so, whether more could have been done to prevent the child’s death. Though child protective services information is highly confidential, a North Carolina statute gives any member of the public a right to request and receive specific information after certain child fatalities and near fatalities. This blog post discusses the responsibilities of public agencies to disclose information under this statute, G.S. 7B-2902. Continue Reading
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Tag: confidential records
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Assessments in Delinquency Cases: When Can They be Done and Are They Confidential?
One of the unique features of the juvenile justice system is its statutory focus on identifying the needs of juveniles and resolving matters to provide “appropriate rehabilitative services to juveniles.” G.S. 7B-1500(2)b. In addition to protecting public safety, dispositions should include “an appropriate plan to meet the needs of the juvenile.” G.S. 7B-2500. The caselaw and statutes that govern one form of assessment in delinquency cases—the comprehensive clinical assessment (CCA)—have undergone rapid change in the last few years. Other assessments, such as assessment for problematic sexual behavior or trauma-focused assessments, may also be needed in certain cases. Questions abound regarding when assessments can occur and what confidentiality law applies to them. This new infographic provides a high-level overview of the law that addresses these questions.
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How to Comply with Federal Confidentiality Laws When Reviewing Comprehensive Clinical Assessments in Delinquency Cases
Comprehensive clinical assessments (CCA’s) are frequently completed—and sometimes required—prior to ordering a disposition in a delinquency matter. G.S. 7B-2502(a2). You can find more information about when the statutory requirement is triggered in a previous blog. CCA’s contain information about the juvenile’s mental health and they may also contain information about substance use disorder treatment. These kinds of information are covered by federal confidentiality laws that are not specifically addressed by the Juvenile Code. While the federal laws generally prohibit disclosure absent a valid patient authorization, courts can order disclosure after following the required procedure and making certain findings. The North Carolina Administrative Office of the Courts (NCAOC) recently released new and revised forms that are structured to provide the court access to CCA’s while complying with the requirements of federal confidentiality laws. This post explains why and how to use the new and revised forms. Continue Reading
