N.C. R. Prac. Super. & Dist. Ct. 21.14

As amended through June 18, 2024

Rule 21.14 - Mental Health and Substance Abuse Records

DSS regularly obtains copies of the mental health records and substance abuse records of the parents and children in cases alleging abuse and/or neglect pursuant to statutes or court orders allowing them access to said records.

A) Upon request, DSS shall provide copies of relevant records obtained to the GAL and respondent attorneys. Records shall be provided digitally whenever possible. Attorneys may review any other mental health records obtained at the DSS office and may make copies of the records.

B) The attorney for each adult shall initially review their own client's records and may object to review by other parties within ten (10) working days of the notice of availability. After ten (10) working days of the notice, if no objection is filed, all attorneys may review the records. The GAL attorney may object to review of the child's record by the other parties and attorneys. The GAL attorney shall have 5 working days from the notice, unless the time is waived by the GAL attorney, to file a notice of objection.

C) Attorneys may only provide copies to their clients of their own records. Permission of the court must be requested to provide copies of the child's mental health records to any party. If DSS or the GAL determines that records include information about more than one person (for example, family therapy records), the DSS or the GAL attorney will request that the court determine if copies may be distributed.

D) At the pretrial conference, attorneys should raise issues related to the admission of such records.

E) The GAL or DSS may apply to the court at any time, with notice to all parties, to destroy non-relevant records.

F) Attorneys are authorized to destroy copies of the records sixty (60) days following a voluntary or involuntary dismissal of the action, a TPR judgment, an order awarding guardianship of the children, an order returning custody to the parents with no further reviews, or any other action that finally terminates the case and no appeal is filed.

G) Any mental health records under seal or affidavit which are received by the Clerk of Superior Court in a juvenile case shall be delivered to DSS, and DSS shall be authorized to distribute those records as provided by these Rules.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 21.14

Adopted December 21, 2022, effective 1/1/2023.