Website Regulatory Paper The Federal Government presents a legislation that administer Healthcare professionals, Social Services, and employees to safeguard of individuals medical records. These materials are endorse in the Health Insurance Portability and Accountability Act (HIPPA. State Governments apply this act to the protection of children (Child Protective Services (CPS) and adults Department of Social Service (DSS). Team A will discuss how Confidentiality, Privileged Communication and Rights to Privacy are applied at the state and county level. The Division of Youth and Family Services (DYFS) is New Jersey’s child protection and child welfare agency within the Department of Children and Families. As mandated by state law (Title 9 and Title 30), DYFS is required to investigate all reports of child abuse and child neglect (Division of Youth and Family Services, p. 1, 2008). New Jersey was one of the first states in the nation to create a state division on aging.
Chapter 72 Law of 1957 established within the State Department of Health, a state unit on aging. In 1973, amendments to the federal Older Americans Act of 1965 authorized states to designate geographic planning and service areas to be administered by Area
Agencies on Aging. New Jersey designated each of its 21 county offices on aging as Area Agencies on Aging, making each eligible for federal funding under the Older Americans Act (DEPARTMENT OF HEALTH AND SENIOR SERVICES, p. 1, 2009-2013) . AND SENIOR SERVICConfidentiality Confidentiality involves Child Protective Services’ (CPS) duty of protecting sensitive management according to New Jersey state laws. The rationale for stringent confidentiality rules in CPS concern is for the protection of the child (North Carolina Division of Social Services, 2010). The records contain detailed information about any maltreatment pertaining to children and the elderly. Children placed by the courts require protection from public disclosure. In the case of a child fatality or serious injury, the Department of Social Service (DSS) must prepare a written summary for the public release. This will include the dates, outcomes, and results of any actions taken or services rendered (North Carolina Division of Social Services, 2010). Any results by the State Child Fatality Prevention Team, a local child fatality prevention team, the Child Fatality Task Force, the State Child Fatality Review Team, or any other public agency (North Carolina Division of Social Services, 2010). The results and confirmation of all reports regarding the child abuse case must be let go within five working days, according to the statute of Confidentiality and Release Information from CPS (North Carolina Division of Social Services, 2010). North Carolina General Statute Article 6: Protection of the Abused, Neglected or Exploited Disabled Adult Act requires suspicion of abuse toward a disabled adult are to report the information to the local DSS and report it if there is a suspicion of mistreatment (“Confidentiality and release of information,” 2008). The DSS must share the anonymous person’s name to the District Attorney, or the local law enforcement officials, and the Division of Facility Services (“Confidentiality and release of information,” 2008). If the victim lives in a licensed facility and the abuser is found under arrest than the anonymous person will testify in court proceedings. This indicates the report was made in good faith and was true to the best of his or her knowledge. Once a decision has been made, the DSS can report that a visit was made and whether their services will be helpful to protect the victim. Several counties in North Carolina that have multidisciplinary teams’ (MDT), which includes representatives from community organizations that come in contact with the adults and their caregivers (“Confidentiality and release of information,” 2008). In conclusion, the community shares responsibility of protecting those who cannot protect themselves.
Privileged Communication
Privileged Communication occurs when a conversation takes place between two parties, such as an attorney and client, priest and repentant, or doctor, and a patient. The information conveyed in these types of relationships is safe under the right to privacy. Privileged communication gives someone the right to keep his or her personal information private. “This privilege is not a ground for excluding evidence regarding the abuse or neglect of a child or illness or injury suffered by a child in a judicial proceeding related to a report of suspected child abuse or neglect pursuant to the Juvenile Code” (Saxon, p. 25). In the state of North Carolina, the breaking of the privileged communication is in the “G.S. 8-53, G.S. 8-53.1, G.S. 8-56 through 8-57.2” (Saxon, p. 23 - 25). In every statutory code, privileged communication can be broken if a child is in a nature of danger. Privileged communication can also only be broken if, “the privileged is waived by the patient, disclosure is ordered by the court in the interest of justice, or disclosure is otherwise required by law” (Saxon, p. 23). If the patient wishes to authorize the disclosure of the information, a properly executed consent form acknowledges the patient’s permission to reveal the information to the necessary recipients. Privileged communication is so important because everyone has the right to privacy. The right of privacy is in the best interest of the people. If it weren’t for privacy clients would not feel comfortable revealing everything to a physician, which would mentally, and physically not be beneficial to them. The client - attorney relationship allows the client to feel confident in providing total disclosure to the attorney. Lack of candor could negatively influence the attorney's ability to defend properly the client to his best ability because he is missing pieces to the puzzle. The privacy between Husband and wife, and priest and repentant stays protected for the respect of the relationship. Privileged communication is vital among these types of relationships. If people in these relationships do not feel comfortable revealing everything with each other, the needs of the relationship cannot not be met. Although privileged communication protects the privacy of those who, it is meant to protect, it does not apply if there is any suspicion of a child being in any type of danger.
Right to Privacy
Rights to privacy give individuals the legal right to choose whom to share personal information with and when (Freeman, 2000). The Health Insurance Portability and Accountability Act (HIPPA) “Privacy Rule (Standards for Privacy of Individually Identifiable Health Information) (3) provides the first national standards for protecting the privacy of health information” (Center for Disease Control, 2003, para. 6). This law protects the rights of children and adults in North Carolina and other states. Under this law individuals can manage the discharge of health records and information (who will receive a copy and why), request a copy of records (inquire on entries), and individuals can restrict parts of information for release (Center for Disease Control, 2003).
The Cumberland Department of Social Services in North Carolina requires clients sign a Notice of Privacy Practices that explains the law as it pertains to the health records (Cumberland County Department of Social Services, 2003). However, the law does permit the release of information about clients in certain circumstances. The Cumberland County Department of Social Service will disclose information as it pertains to coordinating health care; requesting payments from third parties payers; judicial system; increasing quality of care; care-givers, and parents of minors (Cumberland County Department of Social Services, 2003). Clients of CCDS have to sign a release of information requesting disclosure of health records. In addition, CCDS clients can also withdraw their Notice of Privacy consent at anytime in writing (Cumberland County Department of Social Services.
Conclusion
Everyone has the right to privacy, especially as it pertains to health and personal records. Confidentiality, Privileged Communication, and Right to Privacy, are some of the areas that address this issue. However, the safety of children overrides the privacy of an individual. In the event that the disclosure of health information is necessary HIPPA has clear guidelines on dissemination of records to protect children and adults.

References
Center for Disease Control and Prevention. (2003). Morbability and Mortality Weekly Report. Retrieved from http://www.cdc.org/mmwr.
Cockman, L.S. (2005, Winter). Combating Abuse and Neglect of Adults with Disabilities. Adult Service Practice Notes, 8(1).
Confidentiality and release of information. (2008). North Carolina Division of Social Services, 1(8). Retrieved from http://info.dhhs.state.nc.us/olm/manuals/dss/csm- 60/man/CS1428.pdf.
Cumberland County Department of Social Service (2003). Cumberland County Department of Social Services Notice of Privacy Practices Retrieved from http://www.dss.co.cumberland.nc.us.
Saxon, J.L. (2003). Appendix A: Confidentiality and Social Services. Retrieved from N.C.
Institute of Government Bulletinhttp://www.ncdhhs.gov/dss/county/docs/
toolkitappendices.pdf.