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Federal legislation mandates that state child protective services (CPS) agencies maintain records of all reports and cases they handle. Access to these records typically depends on your identity and reason for request. If you were previously in foster care or were the subject of a CPS investigation, you have the right to access your own records. However, if you're seeking records for someone else, you may need to obtain a court order for their release. Due to confidentiality laws, you usually must have been directly involved in the case and the case must be closed.
Steps
Requesting Your Own Records
Get in touch with the agency holding your file. Each state agency has its own procedure for CPS records requests. For instance, in New York, if you're requesting records related to reports of child abuse or maltreatment (CPS/ACS records), submit your request in writing to the New York Statewide Central Register of Child Abuse and Maltreatment (SCR) at the following address: SCR Service Center, P.O. Box 4480, Albany, NY 12204. A CPS social worker can provide specific guidance on obtaining copies of your own records.
- You may also find this information on the agency's website. Conduct an internet search for 'CPS' along with the state and city or county name. This should direct you to the appropriate website. Click on an 'about' or 'contact' link to confirm that you're on the official government site.
- Sometimes, requests can be submitted by visiting the social services offices in person, but it's advisable to confirm beforehand.
Draft a cover letter if necessary. In certain states, you may need to enclose a cover letter along with the standard request form. Even if it's not obligatory, it's still advisable to include a letter if you're mailing your request.
- Ensure your letter includes your name and contact information, and clearly state the reason for requesting a copy of your records.
Fill out a request form. Every CPS agency provides a standardized form for requesting your own records. The form typically asks for details about yourself and any adults mentioned in your records, such as your parents or legal guardian.
- If you don't have all the information requested on the form (e.g., if one of your parents has been absent from your life), provide only the information you know – avoid guessing.
Submit your request form. While some states may offer online submission, typically you'll need to mail in the form. This is because the agency requires an original signature on the request form.
- Before mailing, make a photocopy of your signed form for your own records. Find the mailing address on the form itself or in the accompanying instructions.
Provide proof of identity. Most states impose restrictions on accessing CPS records. Before processing your request, they'll need proof of your legal entitlement to your records. Typically, this involves providing a photocopy of a government-issued photo ID, such as your driver's license.
- Do not send original identity documents as they won't be returned.
Wait for confirmation. Upon receiving your request, CPS will send you a letter acknowledging receipt. This letter may also provide an estimate of when your records will be available for viewing.
- When you receive your confirmation letter, store it along with your copy of the request form. Note down the provided contact information and set a reminder on your calendar for when your records will be ready.
Follow up on your request. Some agencies will review your records before releasing them to you. They may redact certain information to safeguard the privacy of individuals mentioned in your records. This process can take several months.
- Ensure your contact information is current, especially if CPS will be sending you copies of your records by mail. You can typically contact CPS by phone or email to update your mailing address or phone number.
- If several months elapse without any update on your request, contact CPS to inquire about its status. Note down the name and job title of the person you speak to for future reference.
Submitting a Freedom of Information Request
Familiarize yourself with your state's freedom of information law. In most states, CPS records are confidential and won't be released to individuals not directly involved in the case without a court order. However, you might be able to access general, non-confidential information through a freedom of information request.
- You may also gain access to the information if you are involved with the children or adults mentioned in the case. For instance, a child's therapist or counselor may be able to access records pertaining to that child's history of abuse.
- The federal Children's Bureau provides a summary of the laws concerning the release of CPS records for all 50 states, which is accessible at https://www.childwelfare.gov/pubPDFs/confide.pdf.
Compose a letter to the CPS records office. While state freedom of information laws differ, they all mandate that requests made under the law must be in writing. Some states may offer a specific form for you to complete.
- If there isn't a designated form, the state law will outline precisely what details should be included in a freedom of information request. Generally, be as precise as possible about the records you're seeking and the reasons behind your request. Ensure your reasons align with state law.
- Refer to the CPS website to ascertain where to send your request letter. Keep a copy of your letter for your records before mailing it.
Receive your acknowledgment letter. Upon receiving your request, the CPS records office typically sends you a letter confirming its receipt. If your request is denied, this letter may outline the reasons for the denial and provide instructions for your next steps.
- If your request is approved, your acknowledgment letter typically includes a tentative timeline for when the requested records will be accessible for viewing and copying.
Review the requested records. It might take several months for the records to become accessible to you through a freedom of information request. Once available, CPS typically requires you to visit the CPS office in person to examine them.
- There is usually a fee associated with viewing records obtained through a freedom of information request. Due to confidentiality concerns with CPS records, copying these records may be restricted. Bring paper and a pen in case copying is not permitted, so you can take notes.
Obtaining a Court Order
Assess your state's legal requirements. In certain scenarios, you may only be able to access CPS records if a judge issues a court order following a full hearing. Your state's law will outline situations where a court order is necessary.
- For instance, if you were adopted through the state CPS system, your adoption records may be sealed. To discover the identity of your birth parents, you would need to request a court order from the circuit court in the county where the agency responsible for your adoption is located.
Prepare a petition for a court order. Any individual or entity wishing to open or unseal CPS records can file a motion, application, or petition for a court order. Many states provide forms for this purpose. However, the process may vary significantly from state to state, and you may want to consider seeking assistance from a lawyer.
- Search online for your state court's website – they may offer downloadable forms. Alternatively, inquire about forms at the clerk's office of your county court.
- Once completed, make at least 2 copies of your petition. Keep one for your records and serve the other on the agency.
Submit your petition to the appropriate court. Take your petition and copies to the clerk's office in the circuit or county court where the CPS agency office is situated. You'll need to pay a filing fee, typically under a few hundred dollars. If you're unable to afford the filing fee, the clerk may have a fee waiver application available.
- The clerk will retain the originals for the court records and return the copies to you. One of these copies must be delivered to the CPS agency holding the records you're seeking.
Serve the CPS agency. The agency must be informed that you are seeking a court order to release records. A CPS social worker might appear in court to contest the release.
- Typically, you can accomplish service by sending a copy of the petition via certified mail with return receipt requested. Alternatively, you could enlist the help of a sheriff's deputy or a private process serving company.
- Depending on the nature of the records you're seeking and the reason for your request, the court may instruct you to serve other individuals or agencies. For instance, if you're seeking to open adoption records, you may need to serve your birth parents. Since you may not know their identities, CPS would be responsible for notifying them.
Attend your court hearing. If there is opposition to your request, the judge will schedule a hearing on your petition. If CPS supports the release of the records, the judge may issue the order without a hearing.
- If you're required to appear in court, arrive at least thirty minutes early. This will allow time to pass through courthouse security and locate the correct courtroom. Once inside the courtroom, take a seat in the gallery until your name is called.
- Bring any documents and information that support your argument for access to the CPS records.
Present your case to the judge. As the petitioner who initiated the court proceedings, you'll speak to the judge first. Clearly and audibly explain your rationale and factual basis for wanting to review the CPS records.
- If a representative from CPS or another party is present to contest your petition, the judge will hear from them afterward. You may be permitted to ask them questions, but refrain from interrupting or directly addressing them. If you wish to pose questions, seek approval from the judge.
Listen to the judge's ruling. Following input from all parties, the judge will announce whether they've decided to issue an order. If your petition is denied, the judge will likely provide reasons for the decision and inform you of available options if you wish to pursue release of the records.
- Upon issuance of the order, take it to CPS to initiate the process of obtaining the requested records.
