Question
I am trying to obtain cps records of my juvenile son, I was told by CPS that I would need an attorney to obtain any records; do I have a right to my son’s records?
Answer
It sounds like the information you were provided by CPS is inaccurate.Under CA law, the “parent or guardian” of a minor is entitled to review CPS records about that minor:
“Except as provided in section 828 [relating to disclosure to law enforcement agencies], … all … documents filed in any [juvenile court] case … may be inspected only be court personnel, the district attorney, the MINOR who is the subject of the proceeding, HIS OR HER PARENTS OR GUARDIANS, the attorneys for the parties … and such other persons as may be designated by court order of the judge of the juvenile court upon filing of a petition therefore.”
California Welfare & Institutions Code section 827.Thus if the CPS records you want to review were either filed in a juvenile court proceeding, or were “made available” to a probation officer, judge, or hearing officer, you have a right to inspect them.
Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.