Filing suit to get cps records

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Teresa
Posts: 39
Joined: Sat Sep 25, 2004 5:58 am

Postby Teresa » Thu Mar 15, 2007 10:32 pm

Would anyone know how to get complaints that have been filed against particular cps workers? Even if the officer does not work there anymore? Or her employment records?

Thanks

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Fri Mar 16, 2007 6:24 am

I think you can get those records through Freedom of Information.

Do some web searches on your state's government website to see what you can find out, then based on the information you find, do a FOI request at your social service agency.

If the social worker was licensed, the information would be at another state agency that deals with licensing of social workers. In some states, these records of disciplinary actions are posted online.

I have heard of parents using internet background searches to find out things about CPS workers. There is usually a fee, of something like $30 or so.

Also, your lawyer may be able to get that information through legal "disocvery" methods. I don't know if parents can get "discovery" on their own if they have a lawyer, but if a parent does not have a lawyer, then there is a way for them to file "motions" of requests for "discovery."

If a parent on their own or with a lawyer files a civil suit against a government worker, either in state court or in federal court, then at some point in the process they could file papers or motions for "discovery."

Teresa
Posts: 39
Joined: Sat Sep 25, 2004 5:58 am

Postby Teresa » Fri Mar 16, 2007 8:08 am

I have been searching for this for a long time. I have found laws about police officer complaints, but not social workers (maybe their stuff is too confidential?) I live in California. I got this particular worker fired and began a lawsuit in state court, but now I am in federal court. I have requested this and other things in discovery but the attorneys seem "baffled" by my requests and dont give me what I want instead they just give me the runaround. I know (now) that I could have filed motions to compel but I did not know how and did not have the time to do the needed research because there are several people I am suing over this and they all have attorneys or law firms and they were snowing me with paperwork and research at the same time AARGGHH!! I wish I could find someone to help me draft interogatories and requests for document productions and requests for admissions that they would be REQUIRED to respond to.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Fri Mar 16, 2007 8:48 am

Here are a couple links.

http://fightcps.com/forum/viewtopic.php?t=5955

Go to your local law library, probably at the court house, and ask the librarian for help.

Teresa
Posts: 39
Joined: Sat Sep 25, 2004 5:58 am

Postby Teresa » Fri Mar 16, 2007 10:59 am

LOL! I tried that but unfortunately the librarian knew less about this stuff than I......... However, I have found evidence code 1043 (?) that says I can get complaints about a peace officer as listed in penal code (I forget the number off hand, but it has to do with people who are authorized to carry guns). In that code it says "people who are investigators for the Dept. of Justice" are peace officers. I know that when someone is founded by these people that there names and stuff go to the DOJ........ soooooo would that make them a "peace officer"??? I know that this particular social worker had a "badge" and a gun, but I do not know if she is authorized to carry a gun on duty???? I know that she had it in her bedroom, but I do not know if she had it in the actual performance of her duty????


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