How to Get CPS Files
Truly a Work in Progress. If you have been successful in getting your files, Please Let Us Know
· References to Write a Letter
· Group Advice
See our Group Advice Below
Group Advice
Automatic letters generated within each State with criteria on laws for such. You can also ask for specific agencies:
Student Press Law Center
Letter generator as well as great information about privacy issues:
The Reporters Committee for Freedom of the Press
Flyer that explains the Privacy issues of HIPAA (Health Insurance Portability and Accountability Act of 1996)
http://www.hhs. gov/ocr/hipaa/ consumer_ summary.pdf
This website details what the caseworker is documenting & why. One can possibly obtain portions of CPS files if it is known exactly what to ask for:
Child Protective Services: A Guide for Caseworkers : Chapter Twelve: Effective Documentation
The following site outlines that the criminal background check for foster parenting is part of the “home study” portion of the huge load of caseworker files.
Criminal Background Checks for Prospective Adoptive and Foster Parents
... of data collection systems called the Statewide Automated Child Welfare Information System (SACWIS). The challenge for CPS is not only to use data like this to set goals and outcomes, but also to ...Below are results
Supervising Child Protective Services Caseworkers : Chapter Seven : Results-oriented Management
This link is designed to provide agencies with the address/contact person to request records. It is listed by state. Interesting that New York will only release information to the person rather than an agency.
http://www.dhs. state.or. us/policy/ childwelfare/ im/2007/cw_ im_07_010att3. pdf
You can contact the Michigan State Police for a copy of your records.. see link:
http://www.michigan legalaid. org/library_ client/resource. 2005-09-13. 4094590966/ file0/at_ download
Group Advice
Kentucky
VicKY states she cannot get copies of her foster child’s medical records.....(Kentucky) That is exactly why I always got them when the services were rendered. I simply asked the Dr. at the time of the visit to photocopy his notes for me....and I kept them all. Yet another point that might be worth noting in the"Book". {member}
Maine
Somewhere I was told that in Maine you can get access to the "second" file. Was told that if you request a copy of your records that you specifically had to ask for both files (I forget what they call them...)..In fact, I know of one woman who got access to both files. Would be interesting to know if this issue is addressed in the statutes anywhere? I'll have to ask around and find out what that separate file is called here. And how to go about getting a copy of it. {member}
Nevada
It is difficult to get CPS files because of the Freedom of Information Act (FOIA). CPS says that the files are about the kids, not ourselves, so we are not entitled to them as they contain confidential information on the children. If the kids are in the System, they are wards of the State and bio parents are not allowed this information. If foster parents are trying to obtain these files, the foster parents of removed foster children have no rights whatsoever regarding another person’s children. Please see the eGuidebook “Getting Our Kids Back!” There are three points of law that can be pursued for ex-foster parents to be heard by the court in getting their kids back… However, there is a form online for checking the Central Registry. It is aimed at prospective employers doing a background check, but supposedly anyone could submit the form… {member}
Ohio
In the state of Ohio you can get a background check anytime and do not have to give a reason. They have a form wefill out and take to the Sheriff's department and they do the check.We can also get it done at our probate court. The other thing is we have an addressto send to our state capital to request our central registry.You may want to check into that also.One thing our attorney did tell us ifour name is not removed in the given time lines that he would be willing to take legal action then because it is unlawfulfor it to remain onthe registry after the given timelines.Just mythoughts. GOD IS GOOD. . . ALL THE TIME!! http://www.meyercrothersfamily.blogspot.com/ (member’s page) {member}
In searching the internet for info in Ohio, I happened upon the following link which sheds quite a bit of info relevant to your discussion.. .food for thought. http://codes.ohio.gove/oac/5101:2-35 {member}
Hello All, I am new to the group and I have been reading many of the threads. I am from Ohio, so this thread is of interest to me. First, let me say that even an Unsubstantiated finding causes a hit in the registry. An UNSUB remains in the system for the shortest amount of time (months), but it is entered just the same. Please refer to the Ohio Adminsitrative Code (OAC) online…. My name is on the OH registry. The investigation was closed as UNSUB and I spent two days in jail, spent thousands if dollars I cannot afford and worried what my adopted son would do if anything ever happened to me. Later that day I found out that the county CPS workers interroagted my kid at school THAT MORNINGwithout our permission and tried to see if he had been abused. Illegal? Yes. Rotten? Yes. And it never stops. I will never foster another kid. My name and reputation are ruined. Our agency did nothing despite the fact that our regional direction found the allegations baseless and unfounded. No apologies. No check to cover my legal fees and lost wages. Nothing. My advice: don't foster withou a good attorney on retainer. Bettter yet, don't foster at all. The adoption of my son was the happiest moment of my life. This experience with CPS has been my biggest nightmare. If you are under investigation: get an attorney immediately; they will not treat you fairly. It IS guilty until proven innocent. Say nothing to anyone except your attorney. Expect the worst and hope for the best. Do not trust or rely on any private agencies to help you. Ours was told (by their legal counsel!)to tell us that they are "innocent bystanders." There is no such thing. Protect yourself and inform yourself FIRST {member}
California
…have been told repeatedly that I have no right to see my file because it is their file on me not my file. They do not have to share file with me or even tell me what is in it. Member Susan in CA
Virginia
In Virginia, anyone can request a background check through the State Police Department and most of the steps can be completed online. You can also request a National Fingerprint check through our localState Police office. You don't have to offer any reason. We can walk into our local Social Services office to obtain the form the the Child Protective Services Registry. In our state these checks cost a very small amount of money, but as a child care home and foster home, we have to get these done annually. It might be a little different in each state but can't be too inaccessible because of the large demand by the child care industry. {member}
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Susan, Vickie, Robin, As you all know every state has different statutes regarding this and guidelines that they follow. Like someone else said check your agencies manual on this too, take a copy of that paragraph with you.. But if the file is about you by law you have a right to copies of that file. Getting it however is another matter. Sometimes it takes an attorney to obtain copies of the file, or in some states you have to file a motion to obtain information found in the agencies files. Some states it is called a "motion of discovery", or a "writ of disclosure.” It is in essence a demand for an attorney to discover what evidence they have in an investigative file on a foster parent. This is logical considering your attorney has been retained to prepare your defense he/she needs to be aware of what evidence, if any, they have against you in order to do so. But this is an investigative file.
It also applies to a normal file in any court hearing or court procedure where an attorney is involved in your case. This tells us that we do have a right to the information contained within those files but many times they refuse a foster parent access to those files because again no one calls them on it. Usually if you tell them that you attorney wants copies of the file they will make copies of them.
I usually recommend that you have a form typed up with a place to sign for whoever is refusing to make copies for you, most of the time this scares a secretary or receptionist to death and they go and get a supervisor to sign it. They are not usually called on this...remember most FP's are timid, meek and do what they are told...... they usually do not challenge them when they say they cannot have copies of their file. I would just tell them "Fine I will tell my attorney what you said, and of course that you refused, then I will have him send a "Writ of Disclosure" right away, by the way would you sign this statement saying that you refused my lawful Right to copies of my files? My attorney asked me to have someone sign it for court.”
Something to that effect anyway. Most of the time it works. They panic and call their supervisor. There has been a few cases that it hasn't worked, but most of the time it works. marilyn fpls
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Susan Marsh wrote:
When I ask in writing to see the file or have a written refusal I was told verbally by phone, due to confidentiality and privacty issues they would not share the file with me. When I asked for this in writing a very rude woman said "you have your answer" and hung up the > phone. Yes, I filed a complaint with the county. Never heard anything about it again.
Vickie great letter, should do the trick*. If they refuse to comply* then you need to have a place at the bottom of this letter for someone to sign it stating they are refusing your
lawful right to copies of said file as requested. You will need this for court....later on. If you send it certified or registered with a return receipt requested that person who is
accepting the delivering will then be held responsible for _*noncompliance* _. You can also NAME A supervisors for acceptance. marilyn fpls
Vickie Keith wrote:
This is just a quick sample letter that I have drafted for those that > may be trying to request a copy of their files. I hope the format > will not be messed up, as I did it in word, and I am simply pasting it > here. If it is messed up, email me privately with FPA in the subject > line....I will send you the word document.>
Your Name
Your Address
City, State, Zip
February 19, 2008
Attn: Agency Director
Agency Name
Agency Address
City, State, Zip
Re: Copy of my file(s)
Dear Agency Director:
On February 18, 2008, I called your agency and requested a copy of my file. I spoke with Jane Know-nothing. According to Ms. Know-nothing, I am not entitled to receive or review a copy of my file(s) due to confidentiality.
This letter is to inform you that I have spoken with my attorney who has advised me of my rights in this matter, and in fact, I do have
the legal right to inspect and review the information contained within your files.
Further, I have also been advised of my legal right to submit in writing, any objection or clarification that I may feel is necessary,
with regard to any discrepancies that I do not feel are accurate or complete.
Kindly forward to me a copy of any and all pages contained within the > above mentioned file. I will be happy to reimburse a reasonable fee for the photocopying charges.
Your prompt attention to this matter is appreciated.
Sincerely,
John Q. Citizen
Note for Below: The Appendix A on Crime Compensation is included for your information in the link provided in this paragraph. When convicted of child abuse, the alleged perpetrator can be ordered to pay for counseling for the victim. It is not known if this information is useful to a person on the Central Registry, or not – specifically, can the file be obtained from the “State Victims of Crimes Programs” and/or expunged from it.
Appendix A = http://www.childwelfare.gov/pubs/usermanuals/menthlth/menthlthk.cfm is from:
The Role of Mental Health Professionals in the Prevention and Treatment of Child Abuse and Neglect
User Manual Series (1993)
Peterson, Urquiza
Year Published:1993
From: http://cbexpress.acf.hhs.gov/articles.cfm?issue_id=2007-03&article_id=1292#2
Guidelines for Sharing Information About Youth
Information sharing among juvenile justice and other youth-serving agencies is an essential tool for improving services to at-risk and delinquent youth and their families, but it requires a significant shift in the practices of many agencies. To assist in this process, the Office of Juvenile Justice and Delinquency Prevention has developed Guidelines for Juvenile Information Sharing, a report that suggests a course of action for key agency and organization stakeholders involved in juvenile information sharing (JIS). The guidelines integrate collaboration, confidentiality, and technology into an effective developmental framework in the following areas:
· Establishment and governance of a JIS collaborative
· Planning and procedures to ensure the protection and security of the information
· Recommendations for the implementation of JIS policies and procedures, training, and continuous quality improvement
· Policies for transparency, openness, and public communications
The full report can be downloaded from the National Criminal Justice Reference Service website:
www.ncjrs.gov/pdffiles1/ojjdp/215786.pdf (409 - KB)
These guidelines were developed as part of the Information Sharing to Prevent Juvenile Delinquency National Technical Assistance and Training Project. Learn more about the project:
www.juvenileiis.org