A BILL TO BE ENTITLED
AN ACT clarifying when, to whom, and under what circumstances the identity of a person reporting child abuse or neglect may be released; and clarifying what information the division of social services is required to maintain in the foster care registry and under what circumstances information in the registry may be withheld.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 7B‑302(a1) reads as rewritten:
"(a1)	All information received by the department of social services, including the identity of the reporter, shall be held in strictest confidence by the department, except under the following circumstances:
(1)	The department shall disclose confidential information to any federal, State, or local government entity or its agent in order to protect a juvenile from abuse or neglect. Any confidential information disclosed to any federal, State, or local government entity or its agent under this subsection shall remain confidential with the other government entity or its agent and shall only be redisclosed for purposes directly connected with carrying out that entity's mandated responsibilities.
(1a)	The department shall disclose confidential information regarding the identity of the reporter to any federal, State, or local government entity or its agent with a court order. The department may only disclose confidential information regarding the identity of the reporter to a federal, State, or local government entity or its agent without a court order when the entity  demonstrates a need for the reporter's name to carry out the entity's mandated responsibilities.
(2)	The information may be examined upon request by the juvenile's guardian ad litem or the juvenile, including a juvenile who has reached age 18 or been emancipated.
(3)	A district or superior court judge of this State presiding over a civil matter in which the department of social services is not a party may order the department to release confidential information, after providing the department with reasonable notice and an opportunity to be heard and then determining that the information is relevant and necessary to the trial of the matter before the court and unavailable from any other source. This subdivision shall not be construed to relieve any court of its duty to conduct hearings and make findings required under relevant federal law, before ordering the release of any private medical or mental health information or records related to substance abuse or HIV status or treatment. The department of social services may surrender the requested records to the court, for in camera review, if the surrender is necessary to make the required determinations.
(4)	A district or superior court judge of this State presiding over a criminal or delinquency matter shall conduct an in camera review prior to releasing to the defendant or juvenile any confidential records maintained by the department of social services, except those records the defendant or juvenile is entitled to pursuant to subdivision (2) of this subsection.
(5)	The department may disclose confidential information to a parent, guardian, custodian, or caretaker in accordance with G.S. 7B‑700 of this Subchapter."
SECTION 2.  G.S. 131D‑10.6C reads as rewritten:
"§ 131D‑10.6C.  Maintaining a register of licensed foster homes by the Division of Social Services.
(a)	The Division of Social Services shall keep a register of all licensed family foster and therapeutic foster homes. The register shall contain the following information:
(1)	The name, age, and address of each foster parent.
	 
(3)	The foster parent's supervising agency.
(4)	The number of hours of mandated training completed by the foster parent.
(5)	The date of the initial licensure.
(6)	The current licensing period.
(7)	Any adverse licensing actions.
	 
(b)	The register shall be a public record under Chapter 132 of the General Statutes. However, the Division, without penalty, may withhold any specific information about a foster parent to the extent the release of the information would likely pose a threat to the health or safety of the foster parent or a foster child. A person who is denied access to information under this section may seek a court order compelling disclosure or copying in accordance with G.S. 132‑9(a). Information not specified in subsection (a) of this section shall be considered confidential and not subject to disclosure."
SECTION 3.  This act becomes effective October 1, 2011.