Hi Everyone,
This is the letter I sent to Social Services last week. I was surprised to get such a quick response, though expected them to not release my records as requested.
May 26, 2011
Director Social Services
address
address
Dear Director,
Pursuant to the state open records law, Or. Rev. Stat. Secs. 192.410 to 192.505 , I write to request 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 and the suspected report of child neglect or maltreatment (for childrens names listed.......). 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.
Sincerely,
name
address
Here is their response to me received yesterday:
Our office received a report of child abuse or neglect on the above named child(ren). We are required by law to invesetigate the reports we receive.
At the end of our assessment we determined: There are some indication of child abuse or neglect, but not enough to support a reaseonable cause to believe that child abuse occurred. The report will be coded as “Unable to Determine”.
No additional services will be provided and the Child Welfare case will be closed.
If you have any questions, please feel free to contact me.
What I would like to know is:
What are the consequences of having an "unable to determine" on my record? Does that mean I will be on some abuse registry with the state (I'm in Oregon)?
Just a side note - I did NOT allow CPS into my house, I had a slew of professional friends (former CPS worker, current foster mother,former foster mother, public school teacher, clergy) send letters to CPS discounting the allegations, I also allowed a LOA into my home whom CPS called to do his welfare check. He sent a letter to CPS requesting them to drop the case (this was back in Feb) and CPS wouldn't allow the police record to be released.
I would like copies of my records which I asked for and they did not address in this letter. Do I have to wait 60 days because they said "the case will be closed" - meaning it's not yet?
Anyone have success getting their records? Any thoughts or advice is much appreciated.
Strawberry
unable to determine
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