possible records request letter

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Joined: Fri Feb 11, 2011 11:22 pm

possible records request letter

Postby strawberry » Fri May 20, 2011 5:03 pm

This is a letter I've composed in request for the records CPS has on my family and I. I'd LOVE opinions on it from those who are
experienced in such matters before I send it out.

Shall I send it to the Social Services Commissioner of my county? If not, then to whom?

How do I find out who the Commissioner is anyway?

Did I cover all the bases? I want to be sure they give me everything they have on me, I want to make sure they know I mean business.

What experiences have you had with obtaining records? My case (I say this tongue in cheek because what they are doing is so illegal) has been going on over 3 months. Since I refused CPS enterence and received a call from CPS demanding I allow them in I haven't heard from them. I don't know if they are still investigating or if they would have determined I'm a waste of their time and closed the case?

Thanks so much for any thoughts and help!

May 20, 2011
to whom?

Dear ____________________,

Pursuant to the state open records law, Or. Rev. Stat. Secs. 192.410 to 192.505 , I am requesting access to and a copy of any and all reports written and
photographs taken and any other information obtained and held by the Dept. of Social Services concerning our family (insert names here) and the suspected report of child neglect or maltreatment. Such information would include caseworker progress notes, recordings, transcripts, records of telephone conversations, 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 agree to pay any reasonable copying and postage fees of not more than $20. If the cost would be greater than this amount, please notify me. Please provide a receipt indicating the charges for each document.

As provided by the open records law, I will expect your response within seven (7) days. See Or. Rev. Stat. Sec. 192.465(2). 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 the award of litigation costs, disbursements and reasonable attorney fees. See Or. Rev. Stat. Sec. 192.490(3).

Thank you for your assistance.


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Re: possible records request letter

Postby LindaJM » Sun May 22, 2011 9:15 am

This sounds good to me! ...and well-researched! Please let us know what happens.

To get the address, I'd phone the agency and just ask for it. If you send it to the program manager that person will delegate to the right person for the job.
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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 ...

Posts: 51
Joined: Fri Feb 11, 2011 11:22 pm

Re: possible records request letter

Postby strawberry » Thu May 26, 2011 2:12 pm

Thanks Linda!

I sent the letter signature confirmation today to the Social Services Director for the county I reside in. I used this site: http://www.syc.org/ to create my letter because it's a letter generator just for requesting records from CPS, it goes by state. All the legalese statute information I double checked before I sent the letter. I DO want to sound like I know what I'm doing and that I mean business and am not afraid of them.

Liberty is not a spectator sport.
Strawberry :P

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