Rule 21.13 - Medical RecordsDSS regularly obtains copies of the medical 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) DSS shall provide copies of relevant medical records obtained to respondent attorneys and the GAL attorneys upon request. Copies should be provided digitally whenever possible.B) Attorneys may review any other medical records obtained in the DSS office and may make copies of the records. Attorneys may provide copies of their client's records to that client.C) At the pretrial conference, attorneys should raise issues related to the admission of such records.D) GAL and DSS may apply to the Court at any time, with notice to all parties, to destroy non-relevant records.E) 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 has been filed.F) Any medical 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. 21.13
Adopted December 21, 2022, effective 1/1/2023.