Potentially stupid question...

[CJane]

What is the name of your state? MO

Ok... I know, I know, everyone probably knows this, but I'm gonna ask anyway.

What portion of the court file am I entitled to? It's enormous. When they pulled it the other day, it was two huge folders.

I've gone down to the courthouse and requested copies of the various orders, but nothing else. Clearly, as large as the folder is, there's more than just orders in there, right? Am I, as a party to the case, entitled to a copy of the entire court file?

Also, if I want my file from my last attorney, do I just request it from her? Does she have to send everything to me? Would she generally retain a copy?

 

[LdiJ]

What is the name of your state? MO

Ok... I know, I know, everyone probably knows this, but I'm gonna ask anyway.

What portion of the court file am I entitled to? It's enormous. When they pulled it the other day, it was two huge folders.

I've gone down to the courthouse and requested copies of the various orders, but nothing else. Clearly, as large as the folder is, there's more than just orders in there, right? Am I, as a party to the case, entitled to a copy of the entire court file?

Also, if I want my file from my last attorney, do I just request it from her? Does she have to send everything to me? Would she generally retain a copy?

Yes, you are entitled to a copy of the entire court file...however in most jurisdictions there is a per page fee for copying.

Yes, your last attorney would be obligated to provide you a copy upon request, however again, most would charge a fee for the copying....and there could be some issues if the attorney hadn't been paid in full.

 

[Ohiogal]

Yes, you are entitled to a copy of the entire court file...however in most jurisdictions there is a per page fee for copying.

Yes, your last attorney would be obligated to provide you a copy upon request, however again, most would charge a fee for the copying....and there could be some issues if the attorney hadn't been paid in full.

WRONG. She is not entitled to a copy of the entire file. She is not entitled to a copy of GAL reports or other related "evidence" which may be in the file. That is not normally in the "public" file but it IS included in the court file. She is entitled to everything that has not been deemed confidential by the court. Such things normally deemed confidential are mediation reports, GAL reports, psych eval results and parenting evals among other things. I do agree that there is a charge for copying per page. I disagree that there could be issues if the attorney has not been paid because the file belongs to the CLIENT not the attorney.

 

[CJane]

Yes, you are entitled to a copy of the entire court file...however in most jurisdictions there is a per page fee for copying.

Interesting. That's a LOT of copies, but definitely worth having.

OhioGAL... Why am I not entitled to the GAL report? Just out of curiosity... is it the confidentiality to the children thing?

Yes, your last attorney would be obligated to provide you a copy upon request, however again, most would charge a fee for the copying....and there could be some issues if the attorney hadn't been paid in full.

Good to know.

 

[LdiJ]

Interesting. That's a LOT of copies, but definitely worth having.

OhioGAL... Why am I not entitled to the GAL report? Just out of curiosity... is it the confidentiality to the children thing?



Good to know.

Its not necessarily true that you would not be entitled to the GAL report. Yes, there are some jurisdictions that hold those to be confidential, but not everywhere does.

 

[Zephyr]

Its not necessarily true that you would not be entitled to the GAL report. Yes, there are some jurisdictions that hold those to be confidential, but not everywhere does.

maybe the difference is the GAL "report to the court" as in what their recommendation is- every party in my case got a copy of that, but nothing else at all from the GAL.....just guessing

 

[Ohiogal]

Interesting. That's a LOT of copies, but definitely worth having.

OhioGAL... Why am I not entitled to the GAL report? Just out of curiosity... is it the confidentiality to the children thing?



Good to know.

Because a full GAL Report contains interviews with all the parties, school officials and anyone else the GAL spoke with, copies of any records they may have obtained from schools and medical providers, and various other confidential records which are protected by federal law. Hence you are not entitled to them. And a court that would release that part of the report could very well find themselves violating federal law. Domestic court records are public knowledge however a GAL report is in the confidential file and not accessible to the public because of the types of information it contains. Sorry but LD is wrong if she thinks that full GAL reports are open for public consumption. They aren't. SO you are entitled to all the court's public file but not the portion of the file that is classified as confidential. Which is where the clarification is needed -- you are not entitled to ALL of the Court's file on your case.

 

[Ohiogal]

maybe the difference is the GAL "report to the court" as in what their recommendation is- every party in my case got a copy of that, but nothing else at all from the GAL.....just guessing

Zephyr hit it. LD, if jurisdictions are not holding these records as classified they are in trouble because they can very likely contain information that is protected by FERPA and HIPPA. And there is a difference between parties being allowed them and them being released under public records disclosure laws. If they are in the court's file that mom can get copies of then guess what -- under Public Records disclosure laws anyone can get a copy of it. Being handed a copy in court is different than it being available in the court's public records.

 

[TinkerBelleLuvr]

I've been told that the 'notes' the case worker has in my file is also not available for copying ... I can have anything that was actually 'filed' in court.

 

[LdiJ]

Zephyr hit it. LD, if jurisdictions are not holding these records as classified they are in trouble because they can very likely contain information that is protected by FERPA and HIPPA. And there is a difference between parties being allowed them and them being released under public records disclosure laws. If they are in the court's file that mom can get copies of then guess what -- under Public Records disclosure laws anyone can get a copy of it. Being handed a copy in court is different than it being available in the court's public records.

Maybe the difference is that in some jurisdictions those records are not included in the court file at all. I know that here, only the GAL's report/recommendations go to the judge. Nothing else ends up getting in the court file, it remains in the GAL's files...unless subpeonaed by the judge for a particular reason. Same thing with evaluations...a report/recommendation goes to the court, but not the evaluator's detailed notes.

 

[Ohiogal]

Maybe the difference is that in some jurisdictions those records are not included in the court file at all. I know that here, only the GAL's report/recommendations go to the judge. Nothing else ends up getting in the court file, it remains in the GAL's files...unless subpeonaed by the judge for a particular reason. Same thing with evaluations...a report/recommendation goes to the court, but not the evaluator's detailed notes.

Most courts have two separate files -- I have yet to hear of one that doesn't. There is a public file and a confidential file. BOth of them compose the ENTIRE court file. So when CJane asks if she is allowed the ENTIRE court file, quite frankly she is not. The GAL's files are most likely in the confidential court file. She is entitled to everything that is in the public court file but nothing that is in the confidential file. I used GAL reports as an example of those things that more than other items end up in the confidential file.

 

[CJane]

Ok, I think I get it...

I'm not entitled to anything that's in my file that Average Joe wouldn't also be entitled to. Right?

Good.

One more question about files of the potentially confidential kind.

I got a form letter from DSS re: their investigation. Basically just said that they'd come out due to allegations that the children were not properly supervised while in my care and that they'd determined the allegations were unfounded and the case was closed as of XX/XX/XXXX.

Do I have a right to see a more complete report... what specifically the allegations were, etc? Because what he let me see at the appointment, and read off to me was WAY more detailed than 'lack of supervision'.

 

[Ohiogal]

Ok, I think I get it...

I'm not entitled to anything that's in my file that Average Joe wouldn't also be entitled to. Right?

Good.

One more question about files of the potentially confidential kind.

I got a form letter from DSS re: their investigation. Basically just said that they'd come out due to allegations that the children were not properly supervised while in my care and that they'd determined the allegations were unfounded and the case was closed as of XX/XX/XXXX.

Do I have a right to see a more complete report... what specifically the allegations were, etc? Because what he let me see at the appointment, and read off to me was WAY more detailed than 'lack of supervision'.

You might. MIGHT. DSS' records are normally deemed confidential but you should be able to request it since it is an investigation that concerns you.

 

[Ronin]

I have no experience with the GAL process, so I cannot speak about access to GAL reports.

But the PARTIES in the case certainly have access to much more than is allowed the general public, which includes psych eval reports (which I do know about). Even complete CPS/DSS reports with statements of collaterals is available if you push the right buttons. Get the facts on what you are entitled to, and if you are entitled to it, insist on it.

Beyond the court records, for which there is a per page fee, there are reporters records of the transcripts/exhibits of all the hearings, and these get a bit pricey. All these are generally only needed when filing an appeal.

When an appeal is filed, the entire record goes to the court of appeals if the appellant so chooses (and pays for). When challenges are made to the legal or factual sufficiency of the evidence, the appeals court has to be able to review ALL the relevant evidence in the record to make a determination whether there was an abuse of judicial discretion. The appellant has access to all records in their case at the court of appeals.

Guess the point here is that most of the information in the courts records are accessable and available to the individual PARTIES in the case. The challenge is sometimes finding the right way to get it.

 

[Ohiogal]

I have no experience with the GAL process, so I cannot speak about access to GAL reports.

But the PARTIES in the case certainly have access to much more than is allowed the general public, which includes psych eval reports (which I do know about). Even complete CPS/DSS reports with statements of collaterals is available if you push the right buttons. Get the facts on what you are entitled to, and if you are entitled to it, insist on it.

Beyond the court records, for which there is a per page fee, there are reporters records of the transcripts/exhibits of all the hearings, and these get a bit pricey. All these are generally only needed when filing an appeal.

When an appeal is filed, the entire record goes to the court of appeals if the appellant so chooses (and pays for). When challenges are made to the legal or factual sufficiency of the evidence, the appeals court has to be able to review ALL the relevant evidence in the record to make a determination whether there was an abuse of judicial discretion. The appellant has access to all records in their case at the court of appeals.

Guess the point here is that most of the information in the courts records are accessable and available to the individual PARTIES in the case. The challenge is sometimes finding the right way to get it.

Such evidence is normally transmitted DIRECTLY to the court and not walked over however.