Q: Would I be able to access my ex-spouse’s recently filed California welfare application? My belief is the application was falsified regarding residency.
A: The kind of information you are seeking–names and addresses–may fall under the California Public Records Act (“PRA”) privacy exemption. The PRA provides that public records are presumptively open to the public, unless exempt from disclosure under the PRA. The PRA exempts from disclosure “[p]ersonnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.” Gov’t Code § 6254(c). It may be that the application you are seeking access to is confidential pursuant to an exemption under the.
The PRA also exempts from disclosure “[r]ecords the disclosure of which is exempted or prohibited pursuant to federal or state law.” Govt. Code § 6254(k). Section 10850 of the California Welfare and Institutions Code provides, among other things, that “applications and records” kept by a public agency in connection with the administration of any form of public social services by a state agency for which federal grants-in-aid are received shall be confidential and not open to examination for any purpose not directly connected with the administration of such service. Thus, if the county receives federal aid for its welfare program, applications received for welfare aid from the County are not subject to disclosure pursuant to Government Code 6254(k), which incorporates Welfare and Institutions Code § 10850 by reference.
Because we are only speculating as to the exemptions that might apply, you might want to submit a request under the PRA for the records you seek. You’ll find a sample PRA request here.