10A NCAC 70F .0208. CONFIDENTIALITY

(a)  The agency shall develop and enforce a policy on confidentiality that will:

(1)           identify the individuals with access to or control over confidential information;

(2)           specify that persons who have access to records or specified information in a record be limited to persons authorized pursuant to law.  These persons include the client; the parents or guardian or legal custodian when the client is a minor; agency staff; auditing, licensing, or accrediting personnel; and those persons for whom the agency has obtained a signed consent for release of confidential information;

(3)           require that when a client's information is disclosed, a signed consent for release of information is obtained on a consent for release form signed by the parent(s), guardian, legal custodian or client, if age 18 or older; 

(4)           provide a secure place for the storage of records with confidential information;

(5)           inform any individual with access to confidential information of the provisions of this Rule;

(6)           ensure that, upon employment and whenever revisions are made to the policy, staff sign a compliance statement which indicates an understanding of the requirements of confidentiality;

(7)           permit a client to review his or her case record in the presence of agency personnel on the agency premises, in a manner that protects the confidentiality of other family members or other individuals referenced in the record, unless agency personnel determines the information in the  client's case record would be harmful to the client;

(8)           in cases of perceived harm to the client, document in writing any refusals to share information with the client, parents, guardian or legal custodian;

(9)           maintain a confidential case record for each client;

(10)         maintain confidential personnel records for all employees (full-time, part-time and contracted); and

(11)         maintain confidential records for all volunteers and interns;

(b)  A child-placing agency for foster care and a residential maternity home may destroy in office: 

(1)           the closed record of a child or resident who has been discharged from foster care or residential maternity care for a period of three years unless included in a federal or state fiscal audit or program audit that is unresolved, then the agency may destroy the record in office when released from all audits; and

(2)           a record three years after a child or resident has reached age 18, unless included in a federal fiscal audit or program audit that is unresolved, then the agency may destroy the record in office when released from all audits.

(c)  All individual children, birth parents and adoptive family records shall be permanently retained by the agency.  After a period of seven years, the files may be microfilmed or scanned in accordance with provisions of G.S. 8-45.1, following which the original files may be destroyed by a shredding process.  The adoption agency may destroy in office the closed records of applicants who were not accepted or who did not have a child placed with them three years after the date of their application, unless included in a federal or state fiscal audit or program audit that is unresolved, then the agency may destroy the record in office when released from all audits.

 

History Note:        Authority G.S. 131D-10.5; 143B-153;

Temporary Adoption Eff. February 1, 2002;

Eff. July 18, 2002;

Amended Eff. October 1, 2008.