Which county social services department records can be inspected by social services board members, and can an individual board member look at files concerning their own family (like a protective services file for their child or AFDC records on a relative)?

Plain-English summary

The AG answered questions about access to county social services records by the board as a group, by individual members, and by members with a personal interest in a file. The opinion says board members may inspect client records collectively or individually if they do so pursuant to their duties as board members. It cites G.S. § 108A-11, which allows each board member to inspect records in the director's office relating to public assistance and social services and prohibits public disclosure of information learned from them.

After viewing a client file, a member may share its information only with other board members and relevant DSS staff. Members also must follow the director's confidentiality procedures. The opinion treats juvenile case files separately under G.S. § 7A-675(c): members do not have access to them as of right, but a DSS director may bring an individual juvenile record to the board for review.

The AG says members have no right to inspect files in which they have a personal interest. The questions included protective services files involving their own children and AFDC records involving family members. The opinion describes such access as a conflict with a public officer's duty to the public.

Currency note

This opinion was issued in 1995. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

The opinion cites federal confidentiality requirements for public assistance records and G.S. § 108A-80, which limits disclosure of information about applicants and recipients. It reads G.S. § 108A-11 as giving board members an inspection right tied to their duties under G.S. § 108A-9. It then identifies a more specific confidentiality rule for juvenile records and a personal-interest limit on member access.

Common questions

Q: May one board member review a client record without the whole board present?
A: Yes, if the member does so for board duties. The opinion expressly allows access "collectively or individually."

Q: May a member inspect a record involving their child or another family member?
A: The AG says members have no right to inspect files in which they have a personal interest and gives those situations as examples.

Q: Does the ordinary board inspection right include juvenile case files?
A: The opinion says no. A DSS director may choose to bring an individual juvenile record before the board for review.

Q: May a member share client information outside the board?
A: The opinion limits sharing to other board members and relevant DSS staff and quotes the statute's ban on making the information public.

Source

• Landing page: https://ncdoj.gov/opinions/access-to-records-by-social-services-board/

Citations

• N.C.G.S. § 108A-80
• N.C.G.S. § 108A-11
• N.C.G.S. § 108A-9
• N.C.G.S. § 7A-675(c)
• 42 U.S.C. § 602(a)(9)
• 42 C.F.R. § 431.301
• 7 C.F.R. § 272.1(c)
• Anderson v. Zoning Commission of City of Norwalk, 157 Conn. 285, 253 A.2d 16 (1968)
• State of Ohio v. Nipps, 66 Ohio App.2d 17, 419 N.E.2d 1128 (1979)
• 63A Am. Jur. 2d, Public Officers and Employees § 321 (1984)

Original opinion text

• What records and files of a county department of social services may be inspected and reviewed by the county board of social services?
• Would the answer to the above question be the same for review and inspection of records and files by individual board members of the county board of social service.
• If the answer is different, what differences would apply?
• May individual members review and inspect county department of social services records and files in which they have an individual personal interest such as protective services files regarding their own children or AFDC records regarding family members?

Federal regulations require that states receiving federal funds for public assistance programs protect client records from disclosure. 42 U.S.C. § 602(a)(9); 42 CFR § 431.301; 7 CFR § 272.1(c). North Carolina protects client records by G.S. § 108A-80, which provides that information concerning persons applying for or receiving public assistance or social services is confidential and may only be disclosed for ". . . purposes directly connected with the administration of the programs of public assistance and social services in accordance with federal rules and regulations and the rules and regulations of the Social Services Commission or the Department." General Statute § 108A-11 provides for inspection of records by social services board members. The statute states:

Every member of the county board of social services may inspect and examine any record on file in the office of the director relating in any manner to applications for and provision of public assistance and social services authorized by this Chapter. No member shall disclose or make public any information which he may acquire by examining such records.

Social services board members have the right to access clients records collectively or individually as long as they do so pursuant to their duties as board members. See G.S. § 108A-9. However, once a social services board member views client case file material, he may only share that information with other social services board members and relevant persons within the department of social services (dss). Moreover, board members must bear in mind that the North Carolina Administrative Code requires the director of the dss to safeguard confidential client information. The policies and procedures of the director regarding the protection of confidential client information must be followed by all persons with access, including social services board members.

The confidentiality of records of juveniles under protective custody or under placement of the court are protected by G.S. § 7A-675(c). Although juvenile cases are in a general sense considered to be within the ambit of social services and G.S. § 108A-80, G.S. § 7A-675(c) provides very specific protection regarding confidentiality. Therefore, social services board members do not have access to juvenile case files because those files are governed by Chapter 7A. Dss directors may in their discretion bring individual juvenile records before the social services board for their review.

Social services board members have no right to access files in which they have a personal interest. A public officer, whether elected or appointed, owes an undivided duty to the public whom he serves. He is not permitted to place himself in a position which will subject him to conflicting duties or expose him to the temptation of acting in any manner other than in the best interests of the public. 63A Am. Jur.2d Public Officers and Employees § 321 (1984).

A social services board member who examines and reviews files in which he has a personal interest places himself in conflict with his public duties. He is in effect serving two masters, i.e., himself and the public. This is unethical and serves to undermine the public's trust in its officials. Anderson v. Zoning Commission of City of Norwalk, 157 Conn. 285, 253 A.2d 16 (1968). The State has a substantial, compelling interest in restricting the unethical practices of its employees and public officials, not only for the internal integrity of the administration of government, but also for the purpose of maintaining public confidence in state and local government. The State of Ohio v. Nipps, 66 Ohio App.2d 17, 419 N.E.2d 1128 (1979).

MICHAEL F. EASLEY
Attorney General

Ann Reed
Senior Deputy

Robert J. Blum
Special Deputy Attorney General