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How to Obtain CPS Records
Federal law requires state child protective services (CPS) agencies to keep records of all reports and cases. Your ability to access these records depends on who you are and the purpose of your request. If you were in foster care or the subject of a CPS investigation, you generally have the right to obtain your own records. To access someone else’s records, a court order is usually required because of strict confidentiality rules, and cases typically must be closed before release is possible. This guidance draws in part from insights shared by Jennifer Mueller, JD, Doctor of Law, Indiana University.
Method1 Requesting Your Own Records
How to Obtain CPS Records: Step-by-Step Guide
- Contact the agency that holds your records.
Each state has its own process for requesting CPS records. For example, in New York, requests for reports of child abuse or maltreatment must be submitted in writing to the Statewide Central Register of Child Abuse and Maltreatment (SCR). You can mail requests to: SCR Service Center, P.O. Box 4480, Albany, NY 12204. You can also search online for your state’s CPS office by typing “CPS + [your state or county]” and verifying that the site is official. In some areas, you may also request records in person at a local social services office.
Subheading: Find the Right Agency
🔗 New York State CPS Records Info
- Write a cover letter if required.
Some states require a cover letter in addition to the standard request form. Even if it’s not mandatory, it’s wise to include one. Your letter should clearly state your name, contact details, and the reason you are requesting your records. This helps ensure your request is processed smoothly.
Subheading: Preparing a Cover Letter
🔗 Sample FOIA/CPS Request Letters
- Complete the official request form.
Most CPS agencies provide a standardized form that asks for identifying information about you and other people mentioned in your records, such as parents or guardians. If you don’t know all details (like a parent’s birthdate), simply fill out what you know—never guess.
Subheading: Fill Out the Request Form
🔗 Example CPS Request Forms
- Submit your request form properly.
While some states allow online submissions, most require that you mail in your request with an original signature. Always keep a copy of your signed form for your own records. The mailing address is usually on the form or in its instructions.
Subheading: Mailing Your Request
🔗 How to Submit CPS Requests
- Provide proof of identity.
Since CPS records are confidential, agencies require you to prove your identity before processing the request. Typically, this means providing a photocopy of a government-issued photo ID (e.g., driver’s license or passport). Never send the original.
Subheading: Identity Verification
🔗 Identity Verification Rules
- Wait for confirmation from CPS.
After you submit your request, CPS will send you a letter confirming receipt. This may also include an estimated timeline for when your records will be available. Keep the confirmation and mark your calendar so you can follow up if needed.
Subheading: Receiving Confirmation
🔗 What Happens After a CPS Request
- Follow up on your request if necessary.
CPS may review and redact certain parts of the record to protect other individuals’ privacy. This review process can take several months. Keep your contact information current, and if you haven’t received an update within the expected timeframe, call CPS to check on the status. Always note the name and position of the person you speak with.
Subheading: Following Up on Requests
🔗 CPS Confidentiality and Redaction
Method2 Filing a Freedom of Information Request
- Read your state’s freedom of information law.
In most states, CPS records are confidential and can’t be released to people not directly involved in the case without a court order. However, you may be able to access general, non-confidential information through a Freedom of Information Act (FOIA) request. Professionals directly involved with the child—such as a psychiatrist or counselor—may also have access to specific case details. The U.S. Children’s Bureau provides a summary of disclosure laws for all 50 states.
Subheading: Understand FOIA Rules
🔗 Children’s Bureau – State Disclosure Laws
- Send a written request to the CPS records office.
Freedom of information requests must always be made in writing. Some states provide a specific form, while others expect you to write your own letter. Be precise about the records you want and explain why you’re requesting them, ensuring your reasons are permitted under state law. Check your state CPS website for the correct mailing address, and always keep a copy of your letter for your records.
Subheading: Submitting a FOIA Request
🔗 How to File a FOIA Request
- Receive and review your acknowledgement letter.
Once your request is received, CPS typically sends an acknowledgement letter. If your request is denied, the letter will explain the reason and outline any appeal options. If approved, the acknowledgement usually provides an estimated timeline for when your requested records will be available.
Subheading: CPS Response and Timeline
🔗 FOIA Appeal Guidelines – US DOJ
- View the records when they become available.
It can take several months before CPS records are ready for review. In most cases, you’ll need to visit the CPS office in person to view them. Agencies may charge fees for access, and copying restrictions often apply due to confidentiality rules. Bring paper and a pen in case you’re only allowed to take notes instead of making copies.
Subheading: Accessing Records in Person
🔗 FOIA Fees and Access Rules – NARA
Method3 Getting a Court Order
- Evaluate your state’s legal requirements.
In some cases, you can only access CPS records if a judge issues a court order after a hearing. State law outlines when such orders are necessary. For example, adoption records handled by CPS are often sealed, and to learn the identity of birth parents, you would need to apply for a court order in the county where the adoption agency is located.
Subheading: Check Legal Requirements
🔗 State Adoption and Records Laws – Child Welfare
- Draft a petition for a court order.
A petition (or motion/application) to unseal CPS records can be filed by any individual or entity. Many states provide standardized forms online or through the county clerk’s office. Since procedures vary widely, you may want to seek legal assistance. Always prepare at least two copies—one for your records and one for the CPS agency.
Subheading: Writing Your Petition
🔗 Find State Court Forms – National Center for State Courts
- File your petition with the appropriate court.
Submit your petition and copies at the clerk’s office in the county or circuit court where the CPS office is located. You’ll usually need to pay a filing fee, often under a few hundred dollars. If you cannot afford the fee, ask about a fee waiver application. The clerk keeps the originals and returns copies for you to serve on CPS.
Subheading: Filing the Petition
🔗 Court Filing Fees and Waivers – US Courts
- Have the CPS agency served.
The CPS agency must be notified that you are seeking release of records. Service is typically done by certified mail with return receipt, or by hiring a sheriff’s deputy or process server. In adoption cases, you may also be required to serve biological parents, with CPS often responsible for notifying them if their identities are unknown.
Subheading: Serving Legal Notice
🔗 Service of Process Rules – Nolo
- Attend your hearing if required.
If CPS contests your request, a judge will hold a hearing. If CPS does not oppose, the order may be issued without one. Arrive early to navigate courthouse security and locate the courtroom. Bring any supporting documents that strengthen your case for access.
Subheading: Preparing for the Hearing
🔗 Going to Court – American Bar Association
- Explain to the judge why you want the records opened.
Since you initiated the petition, the judge will ask you to speak first. Clearly and confidently explain your reasons for requesting the records. If CPS or another party opposes, they will present their arguments next. Follow courtroom etiquette—don’t interrupt, and ask the judge’s permission before addressing others.
Subheading: Presenting Your Case
🔗 Tips for Representing Yourself in Court – LawHelp.org
- Listen to the judge’s decision.
After hearing both sides, the judge will decide whether to grant your request. If denied, the judge will explain the reasons and outline potential next steps. If approved, take the court order to CPS to begin the record release process.
Subheading: Receiving the Court’s Ruling
🔗 Understanding Court Orders – FindLaw