Has anyone successfully gotten their case file?

[angelheart83]

Are we *really* legally entitled to it? I still have an open case against me. I really want to request it using the document generator found on fightcps.com. But I'm wondering if they're really obligated to send them? I know they'd black out the name of the reporter, if they even had the name. I'm just wondering if anyone has discussed the legality of getting a case file with an actual attorney?

I've always tried to stand up to them but I'm kicking it up a notch. Before, I tried to give them the impression that I wasn't going to roll over. And yet, when I went weeks without hearing from them, I decided to lay low instead of demanding my case file. I was afraid to draw any attention to our family after not hearing from them, you know? Now it's become clear that they're not releasing their jaws after all.

I'd scheduled a home visit for tomorrow and I believe they came by today. I got sick when I heard the knock at the door and literally couldn't answer. I had looked out and saw two women but couldn't identify them before getting very sick and having to rush. I don't think it was a coincidence because I live in a very small town and nobody would stop here to ask for directions. I don't have a car in my driveway and neighbors did...why choose me for that? I think it might have been them coming a day early. I still had dishes soaking in the sink. I know they don't approve of that but seriously, there's nothing wrong with it and my dishwasher doesn't work well if I just scrape. I need to presoak. It's just the easiest thing for me to do!

I'm just so sick of the privacy invasions. I want this to end. I'm getting very nervous. I don't want to sign anything else, I don't need services, etc. I want to feel at peace in my home again. And I want to be able to happily use the schedule that worked for us, the schedule they want me on does NOT work well for us.

[LindaJM]

I got my case file, but that was years ago and in most areas, the caseworkers have learned to use every trick in the book to keep from giving files to clients since then.

In your case I would not do that; it may be better to cooperate at this time rather than rock the boat. You still have your kids.

Do you have an attorney? Seriously... if not, why not? You need one right away. I wish you luck with the caseworker visit... and feel it would go so much better if you had an attorney to help you through it. Could you get one through your church?

[angelheart83]

Thanks for your input, first of all.

I'm not currently affiliated with a church, I'm in the market for one.

I actually signed up for Prepaid Legal yesterday. With my current finances, it's the best I can do. This is to tide me over until November when my good friend gets her bar exam results. If she passes, she's going to be the one who sues for me...pro bono. I am nervous about having a wet-behind-the-ears lawyer take on CPS but she is tough as nails, has dealt with them personally and thinks they're "scum" (her word). I think my case is pretty straightforward as a Constitutional violation case so hopefully that makes it easier to win. I don't see how they can claim it was an emergency when the four policemen wouldn't even come on my doorstep and just yelled at me from the yard for about 40 minutes or so. I think it's obvious that I only "consented" out of duress after continued threats and they didn't have a court order...so that all adds up in my favor. My friend is hoping that I can come across as sympathetic to the jury...single mom, raising two kids alone, including an autistic son...she focuses on her self-mutilating kid and they're worried about the dishes?! Stuff like that.

If she doesn't pass, I wonder if I can get a public defender or sue on my own. I'd be nervous about doing it myself and I doubt a public defender would help. The Prepaid Legal lawyers are too expensive if you actually have to have them show up in court. But this is my 3rd investigation and I am NOT going to let it slide any longer! I'm sick and tired of it. Maybe if push comes to shove, I can beg an attorney to take my Civil Rights case on a contingency basis.

I'm getting ahead of myself though. I know that I need to have this case closed before I sue. So you think I should wait to get the case file? I thought I read somewhere in another thread that a CPS agency refused to give out a case file specifically because the case was closed.

[Marina]

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Good for you, for not opening the door!

So many people are intimidated into being compliant until they finally get fed up. Since case workers never answer phone calls, etc., why should parents be so accomodating to hang themselves?

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[angelheart83]

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Good for you, for not opening the door!

So many people are intimidated into being compliant until they finally get fed up. Since case workers never answer phone calls, etc., why should parents be so accomodating to hang themselves?

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Thanks, but I only deserve part of that. During the initial confrontation, I refused entry for about 40 to 45 minutes...possibly longer. I do think that was brave of me. However, I did eventually let them in due to DURESS after almost an hour of threats from 6 people. So it's not like I managed to totally keep them out. I relented due to duress after I was threatened with court and I feared they would lie to get a court order, etc. That all happened on 7/21. They were going to take my son that very day, but ended up "letting" him stay and I got scared into signing one of those stupid safety plans. The plan specifically stated that I would "cooperate with social services" from now on so I have been afraid to refuse entry during subsequent visits. However, I do my best to make sure that the social workers all know that I am not truly cooperating, I am only acting under duress. I do not want it to look like I voluntarily waived my 4th Amendment rights. I am proud of myself because now I do have it on tape that I told them I was only letting them in under duress and not my free will.

Ok, time for a rant. You should have seen the look on the first social worker's face when I held out a tape recorder in plain view (NC only requires one party's consent, so mine suffices) and stated that. She had just told me an hour before on the phone something about how so many people think CPS is evil and out to steal children but how it's not true. I bit my tongue but it was hard. Especially since they tried to take my son that first day! I do believe she honestly believes she's doing good, so maybe she'll be one of the ones that doesn't last long. She's going out on maternity leave on Monday and I wonder how her worldview will change after delivering her own child next week. I'm probably one of the few people they've ever dealt with that understand their rights. A few weeks ago she was telling me that they have statutory authority to do what they did and I tried explaining that the Constitution is higher than that.

[Dazeemay]

This is a father who went pro se and won. Perhaps you and your friend might want to download his info to help you and better educate your friend about the wiles of cps. The cost is $8.95 through paypal.

http://www.kidsformoney.com/

[angelheart83]

This is a father who went pro se and won. Perhaps you and your friend might want to download his info to help you and better educate your friend about the wiles of cps. The cost is $8.95 through paypal.

http://www.kidsformoney.com/

Thanks for that resource! If you have others you happen to know about, I am interested in knowing all I can. Yesterday I sent my friend this link: http://www.connecticutdcfwatch.com/8x11.pdf. I read it at least once a day because it keeps me focused.

[family_man]

To answer your original question: Yes, you are legally entitled to your case file. In TX you simply fill out a form you can download online, sign it, and mail it to the address shown on the form. It goes to different department than the one that does the investigation, so your case worker won't even know you requested it. They have to redact the person who filed the original Report of Harm, and other sensitive information, like criminal histories, social security numbers, etc. For me, this took five months. I didn't get my case file until after the case closed, which is how I found out it was closed! However, if you subpoena your file through the court, CPS will expedite the process, and you'll get it in only one month.

I don't think it's best to outwardly play hardball with your case worker. Do play hardball, but secretly, gathering evidence that can benefit you in court if necessary. If it were me, I would have secretly recorded the visit. Do your best to make it appear that you're not fighting them, but instead are cooperating to your fullest. You don't want to go to court unless your have to. But you do need to have your ducks in a row if your case veers off track.

Just my $.02.

[angelheart83]

To answer your original question: Yes, you are legally entitled to your case file. In TX you simply fill out a form you can download online, sign it, and mail it to the address shown on the form. It goes to different department than the one that does the investigation, so your case worker won't even know you requested it. They have to redact the person who filed the original Report of Harm, and other sensitive information, like criminal histories, social security numbers, etc. For me, this took five months. I didn't get my case file until after the case closed, which is how I found out it was closed! However, if you subpoena your file through the court, CPS will expedite the process, and you'll get it in only one month.

I don't think it's best to outwardly play hardball with your case worker. Do play hardball, but secretly, gathering evidence that can benefit you in court if necessary. If it were me, I would have secretly recorded the visit. Do your best to make it appear that you're not fighting them, but instead are cooperating to your fullest. You don't want to go to court unless your have to. But you do need to have your ducks in a row if your case veers off track.

Just my $.02.

So far it looks like I'll only have one more visit before my case is closed. Let's all hope she sticks to her word there.

I was thinking of requesting my file once my case was closed. I'm planning a lawsuit and want to have a copy. I hope my request doesn't take months or my statute of limitations to file may run out.

I wonder if I did choose the right tactic. I heard conflicting views. I was civil but made it known that I was only cooperating under duress and that they were not needed in our family life. They also knew I had a lawyer. I had heard that getting a lawyer and using this tactic can make them go away...maybe it worked.

[family_man]

That's wonderful news!!! Keep us posted how it turns out.

[Dazeemay]

One of the things you need to do is get all transcripts of the court proceedings if you are going to sue. I know that we only had 30 days to obtain them.

[angelheart83]

One of the things you need to do is get all transcripts of the court proceedings if you are going to sue. I know that we only had 30 days to obtain them.

Thankfully, I was never taken to court. They had threatened me with court but didn't pursue it. I wonder if it is because I was firm and refused to roll over, they knew they were being taped during visits, etc?

I wish I could file suit right after the case closes within the next week or so (hopefully), but I still have to wait until my friend passes the bar. We won't get her bar results until November. I think she'll pass and she hates CPS...nice combination. I'm still trying to find some resources to help her though, lawyers in general aren't familiar with suing CPS because they get away with almost everything!

[LindaJM]

You could look for other cases that have been filed against CPS in your state. You can find them by going to the courthouse to look through their databases. They are a matter of public record so you can read the paperwork and learn from mistakes made by others. Of course, that's all hard to do if you have kids to watch over.