My Child Welfare Records from 30 years ago
Q: I was a resident of California when I became a reluctant but active participant in child welfare. I was placed in a foster home where I was abused, in a multitude of ways. I am writing my autobiography and have a story to tell, but I can’t get anyone there to help me procure those records.
I want access to the records between 1975-1978, or there abouts. I am now 45. Do I have a way to get them?
Please respond and let me know what kind of lawyer I need for something like that, I live in another state now.
A: You may be able to obtain copies of government records concerning your childcare by making a request under the California Public Records Act (“PRA”). Under the PRA, records maintained by government agencies are presumptively open to the public, unless a specific exemption authorizes the agency to withhold them. We are not aware of a particular exemption that would authorize the California Department of Social Services to withhold records relating to your time in foster care.
In fact, California Family Code Section 7805 specifies that “a petition filed in a proceeding under [the Freedom from Parental Custody part of the Family Code], or a report of the probation officer or county department designated by the board of supervisors to administer the public social services program filed in a proceeding under this part, may be inspected only by the following persons: . . . (2) the child who is the subject of the proceeding . . ..” Depending on the nature of the particular records you are interested in, this section may specifically provide for your access.
We hope this information is useful to you. Best of luck in your efforts.