Question re: getting case files

[MNNaNa]

My daughter is trying to get all the files on her case.

She was told she has to pay to get them.

She is not in any position to pay the amount they are asking.

and neither am I and I make good money.

Do they HAVE to give these records for free?

What statute can we cite? we are in Minnesota.

[Dan Sullivan]

My daughter is trying to get all the files on her case.

She was told she has to pay to get them.

She is not in any position to pay the amount they are asking.

and neither am I and I make good money.

Do they HAVE to give these records for free?

What statute can we cite? we are in Minnesota.

CPS case files?

How much is CPS asking?

Are they charging per page?

Best, Dan

[TracyP]

I don't know about other states and am trying to see if it's legal to charge here.

They told my attorney the original report and investigation was $10 regardless of whether it was one page or 10. It would be more if it went over 12 pages.

We also had to pay another $10 for the state police report of the same "incident"

However, the case worker who comes out for our weekly/monthly visits (the one who is being helpful on what laws they are breaking) we asked about getting her notes and reports and she brings us 2 copies every time of the last times notes (1 for us/ 1 for atty) NO CHARGE

[MNNaNa]

the court adminitrator wants 5$ per page. And this case has gone on for 2 years.

We are not asking for court transcripts, we already have those.

We just want the case workers and gals reports.

[Dan Sullivan]

the court adminitrator wants 5$ per page. And this case has gone on for 2 years.

We are not asking for court transcripts, we already have those.

We just want the case workers and gals reports.

To clarify...

you want a copy of the CPS case record?

Or the CW's reports to the Court?

Or the GAL's reports to the court?

Dan

[bbfly73]

April 16, 2006


Persons Name
Agency/Office
Agency Address
Agency Address

Dear Mr. , Mrs., etc.,

Pursuant to the state open records law, Minn. Stat. Ann. Secs. 13.01 to 13.99, I write to request access to and a copy of I request acces to and a copy of... (name your SS case number here and your complete case file including transcriptions, etc.). If your agency does not maintain these public records, please let me know who does and include the proper custodian’s name and address.

I do not agree to pay fees as I'm indilegent and the county is previously aware of this.

I would request your response within ten (10) business days.

If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely. Also, please provide all segregable portions of otherwise exempt material.

Please be advised that I am prepared to pursue whatever legal remedy necessary to obtain access to the requested records. I would note that willful violation of the open records law can result in a fine of up to $10,000, the imposition of disciplinary action and the award of costs and disbursements, including reasonable attorney fees.

Thank you for your assistance.

Sincerely,




Jane A. Doe
Your address

555-555-1234

[scarfyrre]

If you can find your CPS manual online, there should be a section that gives info on your entitlement to records from CPS. Here in GA it is supposedly free and all that is needed is a verbal request. They don't acknowledge any requests, written or verbal, so now I have to file a writ of mandamus.

If you are requesting records from the court, that is a totally different thing and you will be charged. I'd bet that is the same in every state, but the amount changes. It'd also depend on who you are and what records/transcripts you are requesting.

CPS records you get from your caseworker/CPS office. Court records from the court clerk of whatever court.

[Frustrated]

I was told that I cannot get my CPS Records, and they told me they won't release them to me, and they wrote me a letter saying that if I need the copies from CPS, I need it subpoeaned by the Court through my Lawyer.

I knew they are tripping and they are breaking the Law according to the Freedom of Information Act. But surely I will keep the letter to show to the Judge to see what he says about that one.

I would think the Judge will ask CPS what the hell they are hiding from? or covering up for? I knew CPS are covering up their Lies and don't want them to be seen by me or other parties especially my Lawyer.

[scarfyrre]

I was told that the FOIA does not apply to CPS records because they're considered juvenile records. Parents are entitled as per state law, but the FOIA exemption is for press and other strangers.

I don't know if you're still in Canada or what, Frustrated, but if you are in the states the only way you can get them once you've exhausted all other avenues is by filing a writ of mandamus. This, basically, forces government agencies to actually do their job or risk jail. Wonderful thing, if it works, and I suggest all parents here research it for their states and do it if necessary.

We have to remember, though, that the rules in Georgia for getting CPS records are not the same as Califnornia. The key is finding ways to force them through the courts without costing an arm and a leg.

If I'm the first to file a writ, I'll let you all know how it goes. We've only been a family for a week, hubby is living four hours away, and I have to pack a whole house. Soon, though....

[MNNaNa]

I will clarify what we are asking for.

My daughter had reports but has lost them and wants new copies.

There is also a report the GAL did that no one seems to have gotten, not even any of the attorneys (against CPS).

This is a significant report so we want it.

As far as I know it has never been put into the court record.

How do we get it?

[Dan Sullivan]

I will clarify what we are asking for.

My daughter had reports but has lost them and wants new copies.

How does that clarify anything?

You don't say who wrote the reports.

Or who was supposed to receive the reports.

Did someone from CPS write the reports?

Would the reports be in the CPS caserecord?

Are you talking about the CPS caserecord?

Would the reports be in the court record?

There is also a report the GAL did that no one seems to have gotten, not even any of the attorneys (against CPS).

This is a significant report so we want it.

As far as I know it has never been put into the court record.

How do we get it?

Did you or your attnies ask the GAL for a copy?

Have you looked thru the court record?

How do you know the report's "significant" if no one ever got it?

Was the report supposed to be submitted to Court?

[Dazeemay]

We are not asking for court transcripts, we already have those.

We just want the case workers and gals reports.

http://www.citizenaccess.org/


Definition (Public Records) in Minnesota
Definition: Definition (Public Records)

Capsule:
Minnesota Government Data Practices Act defines "government data" to mean all data collected, created, received, maintained or disseminated by any state agency, political subdivision, or statewide system regardless of its physical form, storage media or conditions of use. Minn. Stat. § 13.02, subd. 7 (2001).
The relevant case law for definitions has not yet been included.

The responsible authority or designee "shall provide copies" of public data upon request. Minn. Stat. § 13.03(3)(c) (2003)This capsule does not yet include any relevant case law.

If a public records request is denied, the responsible authority must inform the requester of the denial either orally at the time of the request, or in writing soon thereafter. See Minn. Stat. § 13.03(3)(f) (2002). When denying any request, the responsible authority must cite the legal basis for the denial. Furthermore, the responsible authority must provide a written denial notification if one is demanded by the requester. See Minn. Stat. § 13.03(3)(f) (2002).
This capsule does not yet include relevant case law.

FOI office or commission (Public Records)
Appeal of an agency decisioin to deny a record can be taken to a state FOI office or commission

Fees Not Exemption (Public Records)
A state cannot use the cost of providing information as a reason to deny a request for records