North Carolina § 7B-311 - Central registry; responsible individuals list.

§ 7B-311. Central registry; responsible individuals list.

The Department of Health and Human Services shall maintain a central registry of abuse, neglect, and dependency cases and child fatalities that are the result of alleged maltreatment that are reported under this Article in order to compile data for appropriate study of the extent of abuse and neglect within the State and to identify repeated abuses of the same juvenile or of other juveniles in the same family. This data shall be furnished by county directors of social services to the Department of Health and Human Services and shall be confidential, subject to rules adopted by the Social Services Commission providing for its use for study and research and for other appropriate disclosure. Data shall not be used at any hearing or court proceeding unless based upon a final judgment of a court of law. The Department shall also maintain a list of responsible individuals. The Department may provide information from this list to child caring institutions, child placing agencies, group home facilities, and other providers of foster care, child care, or adoption services that need to determine the fitness of individuals to care for or adopt children. The name of an individual who has been identified as a responsible individual shall be placed on the responsible individuals list only after one of the following: The individual is properly notified pursuant to G.S. 7B-320 and fails to file a petition for judicial review in a timely manner. The court determines that the individual is a responsible individual as a result of a hearing on the individual's petition for judicial review. The individual is criminally convicted as a result of the same incident involved in an investigative assessment response. It is unlawful for any public official or public employee to knowingly and willfully release information from either the central registry or the responsible individuals list to a person who is not authorized to receive the information. It is unlawful for any person who is authorized to receive information from the central registry or the responsible individuals list to release that information to an unauthorized person. It is unlawful for any person who is not authorized to receive information from the central registry or the responsible individuals list to access or attempt to access that information. A person who commits an offense described in this subsection is guilty of a Class 3 misdemeanor. The Social Services Commission shall adopt rules regarding the operation of the central registry and responsible individuals list, including procedures for each of the following: Filing data. Notifying an individual that the individual has been determined by the director to be a responsible individual. Correcting and expunging information. Determining persons who are authorized to receive information from the responsible individuals list. Releasing information from the responsible individuals list to authorized requestors. Gathering statistical information. Keeping and maintaining information placed in the registry and on the responsible individuals list. Repealed by Session Laws 2010-90, s. 4, effective July 11, 2010. History (1979, c. 815, s. 1; 1993, c. 516, s. 11; 1997-443, s. 11A.118(a); 1998-202, s. 6; 1999-456, s. 60; 2005-399, s. 2; 2010-90, s. 4; 2013-129, s. 3.) Editor's Note. - Session Laws 2013-129, s. 41, made the amendment to sub-subdivision (b)(2) by Session Laws 2013-129, s. 3, applicable to actions filed or pending on or after October 1, 2013. Effect of Amendments. - Session Laws 2010-90, s. 4, effective July 11, 2010, in the introductory paragraph of subsection (b), in the first sentence, deleted "identified by county directors of social services as the result of investigative assessment responses" from the end, and added the last sentence; added subdivisions (b)(1) through (b)(3); in the introductory paragraph of subsection (d), added "procedures for each of the following"; in subdivisions (d)(1) and (d)(3), deleted "Procedures for" from the beginning and made a related stylistic change; rewrote subdivision (d)(2), which formerly read: "Procedures for notifying a responsible individual of a determination of abuse or serious neglect"; and deleted subdivision (d)(8), which read: "A definition of 'serious neglect'." Session Laws 2013-129, s. 3, effective October 1, 2013, substituted "on the individual's petition for judicial review" for "either" in subdivision (b)(2); and deleted sub-subdivisions (b)(2)a and (b)(2)b. For applicability, see editor's note. Legal Periodicals. - For survey of 1979 family law, see 58 N.C.L. Rev. 1471 (1980).