DFACS File

[Missingher]

Can someone tell me how to get my file? I have read through all the posts...and is it Dept of Human resources I go through?

I do not have an attorney that can do this...I really need the step by step process of how to do this.
Thanks so much.......

[LindaJM]

I created an information page about this several years ago:

Getting A Copy Of Your CPS File

I hope you find it helpful, but I've heard from others who weren't able to get their files with the information I posted.



I don't understand it. I believe if a file has YOUR name on it YOU have a right to it!

[anonymous06']

Supena thats how

Now you can do this by calling your local juvinile court clerk to get the fees see if she has a supena form if not call your local college law library to see if they have a states book of legal forms then you can use this have the cleark look it over. Ask the cleark if you need to send this form to any one elce. Now it will be aboiut $25 or more so be sure to ake your cleark she will be able to tell you. I hope this helps. Also when you go to the college be sure to get many legal forms while your there summans forms, petetion forms, motion forms, supena forms, and any other that you would like to obtain that might help your case. Now call the college first before you go to the law library and be sure to check out the documents page as well on this sige!

You would have the file case sent to your lawer than from your lawers office you can look at it. However the judge might opt to have it sent to the judges chambers and not allow it open untill court. So that is prety confusing to me. Of cource as always see what the monatators have to say below. Later Pearl

[Marina]

Of course everybody wants the case file for themselves that they are legally entitled to under laws, regulations and Child Welfare policies. If they do not produce them under Freedom of Information regulations, then someone suggested to tell Child Welfare and the court they you consider that they do not exist.

But consider if you really want Child Welfare to bring more evidence against you to court, even if it is all lies. This will become part of the record.

Someone brought up this point.

Consider filing objections and corrections to the documents already filed by them, and state that:

"There is no proof of an investigation, evidence, documentation or witnesses to indicate that the parent abused or neglected the children, that there are any risk factors relating to substance abuse, psychological, moral, housing, financial, health, education, etc."

Then the burden of proof is on Child Welfare to prove all these things. Merely listing allegations against parents is not proof.

My friend's lawyer said that Child Welfare routinely makes all kinds of outrageous accusations, but they don't mean anything in court without witnesses or documentation. The lawyer just needs to be instructed to object to all of those things.

[Missingher]

Thank you all SO much for responding...Its all so helpful. I do have te letter from the website to mail.. but now I see the other ladys point too as in could also tick them off... and then the other one about subpenoing the file.

So I CAN have it subphenod?... as in do I put my address etc for them to send it too

I almost dont care if I tick them off really..b/c I know I have all the documentaion to prove what they have said and done is not only lies... but some of it is illegal.

One part even says I refused to obey a court order.. and the date on it is before they even took me to court.So how could I refuse when they werent even in the picture on that date?

They also attented and tainted the forensic interview by being there and questioning my child all about her "mother." I found out through the Center I had to take her to at for the Foresnic interview that it is against DFACS Policy to attend a Forensic Interview... being it is the Detectives Job to be there, not theirs. Then the detective relays the info to DFACS.

DFACS found out about the F/interview by the "person" who my child named as her assaulter ..per the Special Victims Unit at the hospital -who was called to the hospital BY the DR.Meaning The Dr called the Police .... NOT called DFACS... It was strickly a Police matter until the call was made to DFACS by this"person"who was alegedly the the "one."

He found out about the interview through the investigation on him and called DFACS and lied -lied -lied-about me...so they drove 2 hours away (DFACS) to another county and was at that Interview. WENT in that interview and question my child.

Guess who has that child now?
The VERY person she named......... and the DR found 3 reasons in and on her body to believe she had been sexually assualted..

DFACS then turned on me....and even admitted they NEVER even Spoke to the Dr or read the hospitals records OR spoke to the Special Victims Unit officers.

Now my child is with him...THANKS to DFACS

[MaggieC]

There is not generally a need to subpoena your own file.

All you need to do is to write to the office responsible for same.

If you are in NY, for instance, where I am, one would write to OCFS, Office of Children and Families for the intake file of the initial complaint called in to CPS.

I would also request any and all medical files for yourself and your children if you still have legal custoedy of said children to do so.

Request the medical files from the hospital, doctors, etc.

Go tot your local courthouse and obtain any and all files concernign the cases heard i nthat courthouse wherein you are a party to the case. Only you and/or your attorney with your authority can get these files absent a court order.

Fighting CPS is a very very very hard road. But it can be done.

[Momoffor]

In Virginia, all I had to do was send my request as per the FOIA to the county/city office that handled the case. It was given to the investigator to gather everything up. I was charged like 32.50 or something by the court clerk for copies ect.

Make sure you send your request via certified mail.

FYI this was for the investigative file only. Who knows what was put into the ongoing file!

[Missingher]

One thing I did get a copy of Monday by mail and it took me a while was my childs mental eval and I was FLOORED!!!!!!
The LIES ...oh my GOD ... the LIES!!!

They even had my child had missed 61 days of school last year!! There is only 150 days IN a school year!!!When DFACS came into my life she had only missed TWO!

Oh there is way to many lies to type out....and it just makes me feel WORSE and even beyond ANGRY!!!

Also that her medical records say she had MANY reoccurring yeast infections... NOT TRUE! I can prove that as well... she has had ONE.... and I didnt even take her to the DR... my (her) DR told me what to do and it isnt even that isnt in her medical file.

The one that really gets me is that the Dr said my child " hears voices that no on else can hear"...
Again NOT TRUE!

Oh and I am also accused of Munchausen... and there is a Proven and documented FACT in her medical records WHY her immune is weak. AND what did they say about THAT--->>>> That I TALKED the DR(s) into writing that in her file and the MANY letters written to her school by her DR. All I can say is OMG!!!!!!

[Momoffor]

They even had my child had missed 61 days of school last year!! When DFACS came into my life she had only missed TWO!

Also that her medical records say she had MANY reoccurring yeast infections... NOT TRUE! I can prove that as well... she has had ONE.... and I didnt even take her to the DR... my (her) DR told me what to do and it isnt even that isnt in her medical file.

Go to the school and get a copy of her attendance file =) .. Then ask in court for CPS's evidence that she had missed all those days while she was in YOUR care. Meanwhile, present YOUR copies of proof to show the lies =)

Get copies of her medical record, and ask (cps or court) to present proof about the 'numerous' yeast infections.

Which I dont know why that is a reason they can use! Please. Antibiotics can cause yeast infections because it kills the 'good' bacteria allowing for a yeast infection. Live culture yogurt taken with antibiotics will prevent that. When we lived in Hawaii and my daughter was in diapers, she would get them often. Gave her yogurt, let her run around au natural to air dry after diaper changes and baths and had no problems.

[MaggieC]

Of course there are lies, remember who you are dealing with here. They (CPS) are report driven. They just fill in the blanks to make their report work.

Truth does not matter, only completing the form matters.

I know of one NYC family who on the official NY State child abuse report submitted by ACS (NYC CPS ) states that the family did not comply, they moved away in the dead of the night, an adult child is a possible gang member and the teenage child (subject of the report) has been repeatedly beaten by her father.

Here is the reality:

Mom and Dad are in an intact marriage of 30 years. Adult son is at an ivy league University and has graduated a semester early from said University and is sitting for the LSAT exam for Law School.

Mom and Dad have owned their NYC home for 16 years and still reside there.

Both parents are professionals who also actively volunteer their professional services pro bono to assist members of not only their immediate community but to the community at large in NYC.


Subject 17 plus child lives with them and attends a local NYC University and has a 3.9 GPA.

Gather your evidence to dispute their report Treat them with deference but never trust them.

Never never never trust them.