What You Need to Know About Obtaining CPS Records in California
California law holds that CPS reports are confidential and may only be disclosed as provided by law. Here’s how to get CPS records in California.
Firstly, one should see if they are eligible to obtain CPS records. If one is, they should file the required forms in order to receive the information. If one is not eligible, they may attempt to obtain the records through the Department of Social Services.
Confidentiality of Records
The public has a right to inspect and/or obtain copies of public records kept by state and local agencies. However, some records are kept private and can only be obtained by certain individuals or agencies. Federal law requires that all states preserve the confidentiality of child abuse and neglect reports and records in order to protect the privacy rights of the child and their parents/guardians.
Related: Child Protective Services (CPS) Laws in California
Who is Allowed Access to Records?
California law specifies who may access CPS records, including the specific kinds of information that will be made available, and under what circumstances such information will be made available. Usually, those who are granted access to a case are those who have a clear interest in the child’s welfare or have an interest in providing protective/treatment services. Those who are eligible to obtain CPS records in California include, but are not limited to:
- The district attorney, a city attorney, or a city prosecutor authorized to prosecute juvenile cases under state law
- The minor who is the subject of the proceeding
- The minor’s parent or guardian
- The attorneys for the parties, as well as the judges, other hearing officers, probation officers, and law enforcement officers who are active in the juvenile proceeding involving the minor
- Certain health professionals
- Personnel from an agency responsible for placing a child
- The superintendent or designee of the school district where the minor is enrolled or attending school
For more on who is eligible to obtain CPS records, see the California Welfare and Institutions Code (WIC) 827.
Next Step If Eligible to Obtain CPS Records
If one is eligible to obtain CPS records, they must file and send the DCFS form, Declaration in Support of Access to and Copies or Juvenile Records, in its entirety. Here are the declaration forms for Los Angeles County and Orange County.
What to Do If You are Not Authorized to Obtain CPS Records
Unauthorized individuals must make a request to the court in order to access specific juvenile court records. Here is how to petition the court to inspect juvenile records:
1. Fill out the following forms:
- Request for Disclosure of Juvenile Case File (JV-570)
- Proof of Service-Request for Disclosure (JV-569)
- Notice of Request for Disclosure of Juvenile Case File (JV-571)
- Objection to Release of Juvenile Case File (JV-572)
- Order on Request for Disclosure of Juvenile Case File (JV-573)
- Order After Judicial Review (JV-574)
2. Submit the completed forms to the Juvenile Court Records Department at the appropriate courthouse.
3. Pay the required records request fee.
Contact Us
If you or a loved one have any more questions on how to get CPS records in California, contact us. Get your free consultation with one of our experienced Family Law Attorneys today!