You also may be able to find this information on the agency’s website. Do an internet search for “CPS” with the name of the state and city or county. That should bring up the right website. Click an “about” or “contact” link to make sure you’re on the government site. Sometimes requests can be made by going to the social services offices in person, though you should check before you go.
Include your name and contact information in your letter, and describe the reason you’re requesting a copy of your records.
You may not know all the information requested on the form. For example, if one of your parents has not been a part of your life, you may not know their full birthdate. Only include the information that you know – don’t guess.
Make a copy of your signed form for your own records before you mail it. Locate the address to mail the form on the form itself. It may also be in the instructions to complete the form, if there were any.
Don’t send originals of your identity documents – you won’t get them back.
When you get your confirmation letter, file it away along with your copy of your request form. Make a note of the contact information provided and create a reminder on your calendar when your records will be ready.
Make sure your contact information is up to date, especially if CPS will be mailing you copies of your records. You can typically call or email CPS if you need to update your mailing address or phone number. If several months pass and you haven’t heard anything regarding your request, call CPS and ask about the status of your request. Take down the name and job title of the person you talk to in case you have to call again.
You may also be able to access the information if you are involved with the children or adults involved in the case. For example, a child’s psychiatrist or counselor may be able to access records regarding that child’s history of abuse. The federal Children’s Bureau has a summary of the laws regarding the release of CPS records for all 50 states available at https://www. childwelfare. gov/pubPDFs/confide. pdf.
If there isn’t a specific form, the state law will lay out exactly what information should be included in a freedom of information request. Generally, be as specific as possible about the records you want and the reasons you want them. Make sure your reasons are allowed by the state law. Check the CPS website to find out where to mail this request. Make a copy of your letter for your own records before you mail it.
If your request is accepted, your acknowledgement letter typically will give you a rough estimate of when the records you requested will be available for you to view and copy.
There usually is a fee to view records obtained through a freedom of information request. Because of the confidentiality concerns with CPS records, copying these records may be restricted. Bring along paper and pen in case you can’t make copies, so you can take notes.
For example, if you were adopted through the state CPS system, your adoption records may be sealed. To learn the identity of your birth parents, you would have to apply for a court order in the circuit court of the county where the agency responsible for your adoption is located.
Search for your state court’s website online – they may have forms available that you can download. You can also ask about forms at the clerk’s office of your county court. Make at least 2 copies of your petition after you’ve completed it. You’ll need one for your records and one to serve on the agency.
The clerk will keep the originals for the court records and give the copies back to you. One of those copies must be delivered to the CPS agency that has the records you want.
Typically you can complete service by mailing a copy of the petition using certified mail with return receipt requested. You could also hire a sheriff’s deputy or private process serving company. Depending on the type of records you want to get and why you want to get them, the court may tell you to serve other people or agencies. For example, if you want to open adoption records, you may be required to serve your birth parents. Since you don’t know who they are, CPS would be in charge of notifying them.
If you have to appear in court, arrive at least a half hour early. You’ll need time to get through security at the courthouse and find the right courtroom. When you get to the courtroom, take a seat in the gallery until your name is called. Bring documents and information you have that support your argument for access to the CPS records.
If a representative from CPS, or anyone else, is there to oppose your petition, the judge will hear from them next. You may be allowed to ask them questions, but don’t interrupt them or speak to them directly. If you want to ask them questions, get permission from the judge.
Once the judge issues the order, take it to CPS to begin the process of getting the records you requested.
