Question
I would like to gather the records from CPS (Child Protection Services). They said they can only get them from a court order. As I just want them for my records, where can I find links to get these copies, and/or how do I use ‘Freedom of Information Act’ to get these?
Answer
The California Public Records Act contains an exemption, in Government Code section 6254(k), for records that are made confidential under other provisions of the law.Welfare and Institutions Code section 827 (among other sections) make most CPS’ records confidential except for those to whom a court orders they may be released, which is why CPS said you needed a court order.However, this requirement does not apply to the minor who is the subject of the proceeding, his or her parents or guardian, and the attorneys for the minor and/or his or her parents/guardian. Also, this requirement does not apply if the minor who is the subject of the records is now dead.
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.