Filing suit to get cps records

[Mistchf]

I have verbally requested, and filed the written request to obtain my records. The agency keeps citing W&IC 827 (california) and tells me I have to request them through the courts. First of all, 827 states specifically that a party to the action is entitled to the records..I am a party. Secondly, I'm not just requesting the records filed with the court but what they have on me in their office also. And lastly, the records that are with the court should have been given to me in the first place however they decided they would withhold evidence!! Surprise surprise..
Is there anyone that knows of a site that gives examples of filing suit to obtain the records that I'm entitled to? I know it's been done but I can't find it.

Thanks..

[Bob_Lynn]

I believe you can get your records under the Freedom of Information Act, I don't know about filing suit.

I can tell you that I sent a certified letter requesting my records because Pennsylvania has a similar law that mandates they give you your records upon written request. They ignored me. I have since filed a Section 1983 suit in federal court and my attorney will get the records via subpoena. I can hardly wait. In one of my briefs (when the case was pro se) I cited that they violated the law by ignoring my official request.

[Mistchf]

Thanks Bob..

From the info I received from the CA 1st amendment coalition the FOIA doesn't apply because they aren't a federal agency. I've been trying to find info that MAKES it apply since they receive federal dollars but have yet to come up with anything. And your response is pretty much what I've heard...people say to file under FOIA but I've not heard of anyone getting them as a result of that. I have seen a couple of suits wherein the plaintiff is denied the records when filing under FOIA and then having to pay the costs of CPS for filing the suit:(*:( Which is what I'm trying to avoid...

[Dan Sullivan]

I have verbally requested, and filed the written request to obtain my records. The agency keeps citing W&IC 827 (california) and tells me I have to request them through the courts. First of all, 827 states specifically that a party to the action is entitled to the records..I am a party. Secondly, I'm not just requesting the records filed with the court but what they have on me in their office also. And lastly, the records that are with the court should have been given to me in the first place however they decided they would withhold evidence!! Surprise surprise..
Is there anyone that knows of a site that gives examples of filing suit to obtain the records that I'm entitled to? I know it's been done but I can't find it.

Thanks..

You don't need to file suit.

You need to send a return receipt letter to the Commissioner of DSS for the CPS office that has your case record, and you need to quote the California law that says you, as the subject of the report OR as the father or mother of the child who was supposedly maltreated, are entitled to get a copy of everything in the case record.

I'm looking for it now.

This looks interesting for you.

http://www.dss.cahwnet.gov/pdf/PUB132.pdf

Best, Dan

[dasuberding]

We live in California and did a records request under the freedom of info act and we got them, granted, I think they were cleaned. We will find out soon enough. If they are receiving federal funding, which they are, they answer to the feds and need to cough them up.

[Bob_Lynn]

I've been trying to find info that MAKES it apply since they receive federal dollars but have yet to come up with anything.

It falls under the Federal Spending Clause. They must comply with federal law or lose the funding. This is perhaps an area where you can file suit in federal court. I just don't know the details under which you file suit. This is just my opinion.

[Dan Sullivan]

Call your local CPS hotline in the middle of the night.

Ask the worker what you would have to do to get a copy of your case record.

If he/she doesn't know, ask to speak with the supervisor.

Someone there should be able to help you.

CPS case records are confidential and are only available in certain circumstances.

Best, Dan

[Mistchf]

Thanks All...

Dan I did just that..sent a certified letter and cited every section wherein I'm entitled to them. They just ignored it. Didn't even respond. So I DO have to file suit to get them.

Thanks Bob...I guess I'll go from that aspect then. They are going to withhold them from me no matter what, and there are 3 different counties involved so they are comparing and changing everything I'm sure..but oh well.. My only point is to show congress how they are intentionally messing with people when they should be doing their jobs...tells something doesn't it?

[Bob_Lynn]

The problem is Congress knows full well what's going on but isn't doing a damn thing about it. State legislatures know full well what's going on but they're not doing anything either.

When I met with Representative Jerry Birmelin, the Chairman of the Pennsylvania House Committee on Children and Youth, he acknowledged that the Children and Youth system in Pennsylvania has systematic "problems". That was 6 months ago and he hasn't even held one meeting of his committee to discuss the issue.

[Dan Sullivan]

Thanks All...

Dan I did just that..sent a certified letter and cited every section wherein I'm entitled to them. They just ignored it. Didn't even respond. So I DO have to file suit to get them.

Who did you send the letter to?

You should send it to the COMMISSIONER of DSS in the county of the CPS that has your record.

Sending the letter directly to CPS is a waste of time.

Years ago I and a friend of mine sent the same request for case records in on the same day.

I sent mine to the Comm of DSS and my friend sent his to CPS, because he thought it would help him get his records faster.

I got mine and he got a letter telling him to have his attny subpoena them in court.

CPS can screw a citizen... but they can't screw around on their boss.

Best, Dan

[Dan Sullivan]

Thanks All...

Dan I did just that..sent a certified letter and cited every section wherein I'm entitled to them. They just ignored it. Didn't even respond. So I DO have to file suit to get them.

Are you aware that suit could/would take YEARS?

If it doesn't get dismissed.

Talk to an attny.

You may be able to file a petition in Family Court and then your attny could subpoena the decords you want.

Could be a matter of weeks.

Best, Dan

[Dan Sullivan]

My only point is to show congress how they are intentionally messing with people when they should be doing their jobs...tells something doesn't it?

Now I see your agenda.

You don't really want the records...

[Mistchf]

No I do really want the records. But I am going through the whole process in the legal way that I'm supposed to and STILL can't get them. And when I first contacted the congressman and showed how the system handles parents who've been abused he found it hard to believe they could just IGNORE people.

I'm sure I can get the records through discovery however I SHOULDN"T HAVE TO. And my attorney (public defender)is the one who withheld them from me in the first place so I don't think she, she or he (I had 3, fired all of them)is going to be any help. In fact I've asked for a copy of my file from the 3rd one and he just doesn't respond. Yes, through certified mail. And this is what I'm saying. This is wht they do in a effort to just "make you go away".

And if by Commissior of DSS you mean Director of Health and Human Services (that's what he's called here in CA), then yes, that's who I sent the request to. The 10 days has passed, absolutely no response.

And if I could afford an attorney I wouldnt' be doing this myself:)

[Dan Sullivan]

And if by Commissior of DSS you mean Director of Health and Human Services (that's what he's called here in CA), then yes, that's who I sent the request to. The 10 days has passed, absolutely no response.

And if I could afford an attorney I wouldnt' be doing this myself:)

Is the Director you're referring to, the Commissioner of DSS in the county of the CPS that did the investigation?

Or is he the State Director?

Once the Commissioner of DSS in your county (this how it happens in NY) gets your request, he'll have a copy of your letter made, and he'll send your request with a letter from his office over to the head of CPS in his county. His office keeps a copy of your letter and their letter to CPS in their files.... so no one can say they didn't get it. (That's if you sent you request to the Commish of the county of the CPS that did the investigation... if you sent it the the State Director, I don't know what they'll do with your request.)

THEN it should take about ten business days for them to make a copy of your case record and send it to you... or they may ask you to pick it up.

Best, Dan

[Mistchf]

Thanks Dan..

In my county we have the Director of the Department of Health and Human Services, which CPS falls under. There is no "commissioner". The Board of Supervisors is the only governing board above the Director in the county and they have refused my request also.

I'm glad you got your records. However a task force on the 9th District cited this specifically as one of the major problems. It is correct, they cannot withhold the records from the parents. However the time it takes to get it to court, and then if it's even reviewed by the Judge as it's supposed to be, is ludicrous. Meaning, unless you have a lot of money you can forget about Justice. Thus the involvement of Congress.

[Dan Sullivan]

Thanks Dan..

However the time it takes to get it to court, and then if it's even reviewed by the Judge as it's supposed to be, is ludicrous. Meaning, unless you have a lot of money you can forget about Justice. Thus the involvement of Congress.

Get some state politicians on board and make the problem known thru the media.

Best, Dan

[Frustrated]

That's funny that you mentioned that Dan, "CPS can screw a Citizen but they cannot screw around a Boss"!

Thanks for the laugh.

That is essential true.

One happened to me but it has to do with the Police. Police can arrest the Citizen and make charges but the Boss said you must release them out of custody on their own recognizance until they appear in Criminal Court.

This Police woman told us verbally that she hates her Boss, and she wished the Accuser would be in Jail already and put up $5,000 Bail and wait for one month for Court appearance. The Boss told her no and release this Man out. She got razzled and pissed off about her Boss.

There ya go, can't screw around a Boss. Same goes for CPS, they must follow what Supervisor says.

[Dan Sullivan]

That's funny that you mentioned that Dan, "CPS can screw a Citizen but they cannot screw around a Boss"!

Thanks for the laugh.

That is essential true.

I've been using that against CPS since 1993.

Let CPS explain to the Commissioner of DSS why they didn't follow their own rules and regulations.

I'm trying to get myself into the mode of "file a federal lawsuit" over everything from not getting case records to whatever... but I'd rather get what I want in a couple of weeks rather than wait years.

Some people have all the time in the world... especially when it's not their children in foster care.

There ya go, can't screw around a Boss. Same goes for CPS, they must follow what Supervisor says.

The Commish doesn't want to get called on the carpet for failing to comply with his own rules and regulations.

When it's the Commish it's CYA BIG TIME!!!

Be well, Dan

[Bob_Lynn]

I'd rather get what I want in a couple of weeks rather than wait years.

I filed a federal suit asking for $100 million in punitive damages, compensatory damages, permanent injunctions and anything else the court would see fit to award my family. Not to mention I'm looking to set case law to help others in their federals suits.

Can you please explain to me how I would go about getting all the above in "a couple of weeks"? I'd love to reduce those "years" to a couple of weeks.

There are many reasons people file federal lawsuits, why do insist on discouraging people from pursuing this Constitutionally protected form of redress?

[Dan Sullivan]

I'd rather get what I want in a couple of weeks rather than wait years.

I filed a federal suit asking for $100 million in punitive damages, compensatory damages, permanent injunctions and anything else the court would see fit to award my family.

Did Greegor help you with it?

Please tell me yes.

Not to mention I'm looking to set case law to help others in their federals suits.

What case law do you foresee coming out of your lawsuit, Bob?

Can you please explain to me how I would go about getting all the above in "a couple of weeks"? I'd love to reduce those "years" to a couple of weeks.

I bet you would.

But the topic is CPS caserecords.

Please try to stay on premise.

[Mistchf]

Dan that is the premise. For you to think that just because YOU got your records that way, doesn't mean that it will happen for someone else.

And yes, it is about setting precedent, re-claiming rights, and making the government do the job they are paid to do. Apparently the commissioner made sure they did their job in your case. How far up the ladder does one have to go to have the government do their job? For that matter...why does anyone have to go farther than requesting records which the law states they have to produce.

As I said....I'm glad you got your records...doesn't mean it happens for everyone. And some big time bosses of CPS are doing nothing more than jacking people around until they can figure out how to cover their asses because they screwed up. Whatever the reason, they have a job..they need to do it. When they don't, they need to suffer the consequences, NOT the citizen.

[Bob_Lynn]

That's 100% correct Mistchf, the only way I'm getting my case records, now more than 2 years after they kidnapped my children is by subpoena only because I filed a federal lawsuit, otherwise, i'd never get them. I already went through all the other proper legal channels and all that did was cost me the price of a 4 certified letters.

[Bob_Lynn]

the topic is CPS caserecords.

Please try to stay on premise.

I did, see prior post, the federal lawsuit is partly about getting my case records, among many other things.

[Bob_Lynn]

What case law do you foresee coming out of your lawsuit, Bob?

Nothing you would ever need Dan. I thought you don't believe in asserting your statutory rights through the Constitution and through case law when fighting CPS.

[Dan Sullivan]

Dan that is the premise. For you to think that just because YOU got your records that way, doesn't mean that it will happen for someone else.

But if you write the Commish of DSS and have a return receipt and he/she doesn't respond according to law, then you've got credible evidence that they violated their own policies and procedures.

You send a letter to the CW and they're gonna claim copying records isn't their job and they handed you letter to someone else but they forget who.

I know the game.

And yes, it is about setting precedent, re-claiming rights, and making the government do the job they are paid to do. Apparently the commissioner made sure they did their job in your case. How far up the ladder does one have to go to have the government do their job? For that matter...why does anyone have to go farther than requesting records which the law states they have to produce.

It matters who you make the request to.

If you want your case record from the Dept of DSS then you should make your request to the head of DSS.

As I said....I'm glad you got your records...doesn't mean it happens for everyone. And some big time bosses of CPS are doing nothing more than jacking people around until they can figure out how to cover their asses because they screwed up. Whatever the reason, they have a job..they need to do it. When they don't, they need to suffer the consequences, NOT the citizen.

Enjoy the ride.