Dfs

[ChevyGirl]

What is the name of your state? MO

Is it true that if you write a letter to DFS they have to send you a copy of your child file, I mean things like reports that have been made, what they did to invetigate them, etc????

 

[ellencee]

NO!
That is not true. Any person who filed a report and requested to be anonymous is granted that request. The person who files a report receives a letter stating whether or not the investigation yielded cause for DFS to continue or if no cause for DFS involvement is found.
You may request copies of anything that you have signed, but you are not entitled to confidential information, including the professional assessments and opinions of the DFS.

 

[ChevyGirl]

well, I am not sure where you live, but they do not send letters to the people who hotlined to let them know what happened. I have reported many times on the abuse and neglect of baby girl and they have never even called me back. Anyway, the reason that I thought that you could get copies of investigations is because that is what the lady at the CHild Avocacy center told us. I know that you are not supposed to know who hotlined, I knew that they wouldn't tell us that information, I just wanted to know what they have been doing as far as investigating the abuse and neglect of these children.

 

[kat1963]

The Privacy Act of 1974 provides that ANY agency that maintains a system of records MUST make copies available to the person to that they pretain INCLUDING the children...unless your parental rights have been terminated...which they haven't. Your state will also have laws governing this. I'd certainly go for it, she could have made false statements that will certainly need to be addressed & other items that could certainly help with a custody case.
Please copy & paste the below for more information.
http://www.cpswatch.com/guide/records.htm
Good Luck!
KAT

 

[BekkiM]

Kat, so does that mean when my husband & I tried to find our if his x- has the daughter on welfare, and the agency told us they would not release that b/c he was not the custodial parent, were they giving us false info?? The reason I ask is we need all the written doc. to support our modification for insurance and we are representing ourselves. He is the biological father and his parental rights ( to our knowledge) haven't been terminated. They said the only way for us to even find out if she was on welfare was to #1 have a lawyer supoena the records, #2 have the mother (cust parent) sign a realease.(which would never happen) Any info would be great!

 

[JaneyS4]

I've got two url's for you.

http://www.cpswatch.com/guide/records.htm

http://www.cpswatch.com/forms/foia/foia-g.htm

Down at the bottom of the second url there are a number of links labeled A through J. THey will tell you what you may request and expect to get, and what they legal may refuse to give you, and what you can do if they refuse to give you something you may legal request.

 

[BekkiM]

Thanks-- I will try it !!

 

[ellencee]

I haven't been to those URLs, but as some of you know, my husband and I have provided foster care and two of the children were from DFS and I did learn this during that time--in circumstances where confidential information is requested, such as who has reported what and what has been done, even if the information can not be released and copies can not be obtained of this information, 'you' can get an interview with the primary caseworker who can discuss your child(ren) or foster children as regards what they have investigated and what they have decided. They still will not release some of the information from the files, no matter what state you are in, not even to an attorney representing you--they go to court with their little file and present the file to the judge. It is considered detremental to the abilities of DFS to have everyone knowing what is going on and some of the assessments, etc. fall under the same guidelines as psychiatric records--they are not released except to a judge.

 

[JaneyS4]

I wasn't trying to argue with you Ellencee. Your absolutely correct as far as them telling you who turned you in, as far as I know. They just won't do it, and legally, don't have to. But I also know that there are things they document and file that they will try to deny you in which you have every right to have legally. People don't know their rights, and that makes it easier for DFCS to deny them. As far as psychatric records, I don't know if they let just anyone have them, but I know a parent can request them, and get them, both on themselves, and the children involved. (The reason I say this is because my brother has a copy of his daughter's eval. What ever good that is for a two year old)

 

[ChevyGirl]

Just to update everyone, I contacted a friend who is a social worker for the county and also the attorney and they both said that, yes, DFS is required to send you all information pertaining to your child (with the exclusion of who reported any reports, of course) So the letter is going in the mail today and I will keep everyone updated as to the outcome of this. Thank you so much to the person that gave me the url to CPS watch, I haven't had time to look through it all but what little I seen will be so valuble to us. Thanks again.

 

[BekkiM]

THANK YOU

I want to say thanks to every one that has been helpful. I looked up all sort of good info yesturday. I did call DFS and of course they won't tell me or my hubby anything, so I am following the guidlines of the privacy act, and hopefully this will get us somewhere. I have to go now, to the Office of Federal Register to find out each indiv. agency guidlines. Thanks Again.

 

[ChevyGirl]

another question

ok, I mailed off the request for the records in my fiance's daughter file (he signed it of course, not me) anyway, they sent us back a letter saying this:

Dear Mr. ******,

All information contained in any case file maintained by the Barry County Division of Family Services is confidential and can only be released to authorized agencies or individuals as provided for by law or with written consent by that person.

Tom Dodson
SSCM


Can anyone tell me what this means and what to do next? Do we need to go back to that website and send the rejection letter or what? Please, let me know what you think we should do.

 

[JaneyS4]

Hmmm, this is peculiar. We had no problems getting my niece's records. But then again, we definately KNEW there was an investigation on her. Go back through the section on the links Kat and I gave you and be sure that the information you asked for is not in one of the exclusions. I don't think it is, unless the subject of the investigation is unaware there is an investigation. If you feel that the information is not excluded, send the next letter. These people WILL try and deny you any knowledge if they feel they can get away with it. Makes their life easier if your in the dark. I am pretty sure your fiances entitled to the information you want, after all it is his kid, but if they're investigating the mother and she doesn't know, they may be using that to withhold the information.

 

[ChevyGirl]

okay, let me ask this.... would it be easier to just have my lawyer write a letter and request them?

 

[JaneyS4]

Absolutely!!!