Dening Case File

Discuss all aspects of suing CPS and its affiliates for the injustice done to your family.

Moderators: family_man, LindaJM

mom2joshcanpark
Posts: 37
Joined: Sat Apr 17, 2010 12:10 am

Dening Case File

Postby mom2joshcanpark » Fri Sep 03, 2010 10:16 am

I have now attempted twice to get a copy of my case file and have had no luck. I need your alls help on this. I wrote a lettter to the DCS office, received a reply back I must get a copy from the court appointed attorney as the case is closed. So contacted the regional manager and I got another letter from DCS AGAIN stating I have to get the file from the attorney. I know this is not right but now DCS is saying the regional manager is also agreeing to what DCS said.

Here is the thing, The court appointed attorney had trouble during the trial getting the information he needed from DCS. First the discovery was hand written, no pictures, subpeoned pix only to get darkened black and white copies.

When I requested a copy of my file from DCS I specificlly asked for EVERYTHING from any notes jotted down (and I know notes were, not sure if they were in the file on but saw them written down), color photos, forms, etc.

I know for a fact the attorney does not have this stuff.

How do I find out who is the governing body of DCS?

User avatar
LindaJM
Posts: 3171
Joined: Mon Aug 02, 2004 7:16 pm
Location: Northern California
Contact:

Re: Dening Case File

Postby LindaJM » Sat Sep 04, 2010 8:10 pm


This sounds like something your state legislator would want to know. If there's no law in your state specifically allowing people to see their social service files, perhaps the legislators could create one. And if there is a law, perhaps the legislators would like to make themselves helpful by forcing the issue by calling the State Department of Social Services to discuss it!

Another route you might try is to contact your area's county supervisor. The county board of supervisors are supposed to be in charge of all county agencies including CPS.

Read about the Privacy Act.
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Re: Dening Case File

Postby Marina » Tue Sep 07, 2010 5:49 pm

.
Did you go to the courthouse and ask for a copy of your court file?

.

mom2joshcanpark
Posts: 37
Joined: Sat Apr 17, 2010 12:10 am

Re: Dening Case File

Postby mom2joshcanpark » Tue Sep 07, 2010 7:13 pm

No, shouldn't court have the same I have?

I have come to this conclusion. DCS is saying my attorney has everything DCS has, if that is the case, I have them caught in a lie, he had to subpoena the pix because they would not turn them over, when he got them they were darkened b/w copies.

I am filing a tort claim, now am adding that in it. Because to me they are lying to me and trying to hide the fact that the caseworker has lied the entire time.

What I am getting from how DCS is saying things is since the case is closed I am only entitled to what the attorney has, no more.

She said I can come and compare her file to my so called court appointeds file. But in my opinion my attorney would not had been given every sheet of paper or papers that was filled by DCS. The attorney says he only has those few pix and the discovery, that is it.

MaggieC

Re: Dening Case File

Postby MaggieC » Wed Sep 22, 2010 1:57 pm

If the case is closed, your state CPS office should have a copy. I would try them. In most states, the file is sent to the state office as part of the state's child abuse registry.

The state CPS office is usually located in a state's capitol.

mom2joshcanpark
Posts: 37
Joined: Sat Apr 17, 2010 12:10 am

Re: Dening Case File

Postby mom2joshcanpark » Wed Sep 22, 2010 3:54 pm

Ok, I will, but the local DCS office is trying to make me believe my court appointed attorney has the exact same stuff in his file that they have and I know that is bull because he doesn't even have photos you can make out because they refuse to give them to him!
I contacted the regional manager and he said that the office was right in telling me to contact my court appointed (whom no longer represents me). Again, I smell foul! They have drug their feet avoiding being sued!


Return to “Sue Them!”

Who is online

Users browsing this forum: No registered users and 10 guests