North Carolina § 7B-3100 - Disclosure of information about juveniles.

§ 7B-3100. Disclosure of information about juveniles.

The Division, after consultation with the Conference of Chief District Court Judges, shall adopt rules designating certain local agencies that are authorized to share information concerning juveniles in accordance with the provisions of this section. Agencies so designated shall share with one another, upon request and to the extent permitted by federal law and regulations, information that is in their possession that is relevant to any assessment of a report of child abuse, neglect, or dependency or the provision or arrangement of protective services in a child abuse, neglect, or dependency case by a local department of social services pursuant to the authority granted under Chapter 7B of the General Statutes or to any case in which a petition is filed alleging that a juvenile is abused, neglected, dependent, undisciplined, or delinquent and shall continue to do so until the protective services case is closed by the local department of social services, or if a petition is filed when the juvenile is no longer subject to the jurisdiction of juvenile court. Agencies that may be designated as "agencies authorized to share information" include local mental health facilities, local health departments, local departments of social services, local law enforcement agencies, local school administrative units, the district's district attorney's office, the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, and the Office of Guardian ad Litem Services of the Administrative Office of the Courts, and, pursuant to the provisions of G.S. 7B-3000(e1), the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. Any information shared among agencies pursuant to this section shall remain confidential, shall be withheld from public inspection, and shall be used only for the protection of the juvenile and others or to improve the educational opportunities of the juvenile, and shall be released in accordance with the provisions of the Family Educational and Privacy Rights Act as set forth in 20 U.S.C. § 1232g. Nothing in this section or any other provision of law shall preclude any other necessary sharing of information among agencies. Nothing herein shall be deemed to require the disclosure or release of any information in the possession of a district attorney. Disclosure of information concerning any juvenile under investigation or alleged to be within the jurisdiction of the court that would reveal the identity of that juvenile is prohibited except that publication of pictures of runaways is permitted with the permission of the parents and except as provided in Article 20A of this Chapter and G.S. 7B-3102. The juvenile's guardian ad litem attorney advocate appointed pursuant to G.S. 7B-601 may share confidential information about the juvenile with the juvenile's attorney appointed or retained pursuant to G.S. 7B-2000. History (1979, c. 815, s. 1; 1987, c. 297; 1994, Ex. Sess., c. 7, s. 1; 1995, c. 462, s. 4; c. 509, s. 5; 1997-459, s. 2; 1998-202, s. 6; 2000-137, s. 3; 2006-205, s. 2; 2007-458, s. 4; 2009-372, s. 3; 2011-145, s. 19.1(h), (k), ( l ); 2017-186, s. 2(o); 2019-33, s. 16; 2019-216, s. 13.) Editor's Note. - Session Laws 1998-202, s. 37(b), made this Article effective July 1, 1999, and applicable to acts committed on or after that date. Session Laws 1998-202, s. 36, contains a severability clause. Session Laws 2019-216, s. 17, made the amendment to subsection (b) by Session Laws 2019-216, s. 13, effective August 31, 2019, and applicable to offenses and acts of delinquency committed on or after that date. Effect of Amendments. - Session Laws 2006-205, s. 2, effective August 8, 2006, in the second sentence of subsection (a), substituted "request and to the extent permitted by federal law and regulations" for "request," added the language "any assessment of a report ... Chapter 7B of the General Statutes or to" and "the protective services case is closed by the local department of social services, or if a petition is filed when." Session Laws 2007-458, s. 4, effective October 1, 2007, inserted "and except as provided in G.S. 7B-3102" at the end of subsection (b). Session Laws 2009-372, s. 3, effective December 1, 2009, and applicable to offenses committed on or after that date, added "and, pursuant to the provisions of G.S. 7B-3000(e1), the Division of Community Corrections of the Department of Correction" at the end of the third sentence in subsection (a). Session Laws 2011-145, s. 19.1(h), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction." Session Laws 2011-145, s. 19.1(k), effective January 1, 2012, substituted "Section of Community Corrections of the Division of Adult Correction" for "Division of Community Corrections." Session Laws 2011-145, s. 19.1( l ), effective January 1, 2012, substituted "Division of Juvenile Justice of the Department of Public Safety" for "Department of Juvenile Justice and Delinquency Prevention," and "Division" for "Department." Session Laws 2017-186, s. 2(o), effective December 1, 2017, in the third sentence of subsection (a), substituted "Juvenile Justice Section of the Division of Adult Correction and" for "Division of" and inserted "and Juvenile Justice". Session Laws 2019-33, s. 16, effective October 1, 2019, added subsection (c). Session Laws 2019-216, s. 17, effective August 29, 2019, inserted "Article 20A of this Chapter and" near the end of subsection (b). For effective date and applicability, see editor's note. Legal Periodicals. - For 1997 legislative survey, see 20 Campbell L. Rev. 459.