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Access to CPS/DHS records and another weird question

Started by lovehiskids, Dec 09, 2003, 11:36:24 PM

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lovehiskids

Dear Soc,

Title 42, Chapter 67, Subchapter 1, Sec 5106a. of the US Code states :

(v)  methods to preserve the confidentiality of all records in order to protect the rights of the child and of the child's parents or guardians, including requirements ensuring that reports and records made and maintained pursuant to the purposes of this subchapter and subchapter III of this chapter shall only be made available to -

(I) individuals who are the subject of the report;


Also accorfing to the Arkansas Department of Human Services' own Family Services Policy and Procedure Manual :

•   Reports, correspondence, memoranda, case histories, or other materials compiled or received by a licensee or a state agency engaged in placing a child, including both foster care and protective services records, shall be confidential and shall not be released or otherwise made available, except to the extent permitted by federal law and only:

D)   To the child's parent, guardian, or custodian


DH has joint legal of his 3 kids. His children are subjects of a neglect case (we have proof that it hapened from the children's school records.) by their mother and her mother. The allegations were found to be true.

1) Does DH have a legal right to any files regarding his kids even though he was not a subject of the investigation?


2) (totally unrelated, but simple) Are the visitation records of an inmate public record?

Thank You!

SM_in_FL

In our experience, we've been able to acquire BM's abuse records with social services even when DH was not included in the report simply because SD was the subject and he's her father. All he'd have to do was request the records in writing via the legal dept. I'd think you'd probably be able to do the same. Hope this helps, wish you luck!
SM

leskash

I think you can get access to the CPS records as he has joint custody.

inmate visitation records - not subject to public disclosure.

socrateaser

>1) Does DH have a legal right to any files regarding his kids
>even though he was not a subject of the investigation?

If he has legal custody, then absolutely YES.

>2) (totally unrelated, but simple) Are the visitation records
>of an inmate public record?

Yes.