Tuesday, May 16, 2017

Request Records from CYS


Personalize as needed anything that is contained within these brackets [  ], and remove all [  ] .
  This includes replacing WI Open Records Law with your state Open Records Law, and per your juvenile codes, to find your states code, or to see if you are allowed to request CPS documents directly(if you are not allowed to request your records directly from CPS, then you would have to have your attorney request these documents through a Motion for Discovery.
To find what your particular state law is go to:

Make sure that your request is addressed to whoever the records holder is in your CYS office.

To locate the official record keeper, call your local CYS office, Federal Law says they have to post this information (however most don't). If they don't know, ask to speak to the Director of your office. If he/she has no clue, call your STATE CYS office, they should be able to get that information for you.
In our case, the Director had no clue, then it turned out that he is the designated Record Holder.... hmmm, interesting that he didn't even know this???? 
Berks is Director Krista McIlhaney

Federal law states that this Record Keeper has the obligation to maintain and distribute these records and is accountable for the lack of production also. 

If they do not produce, refuse to produce, or do not produce all your records with a written statement as to why they didn't produce, THEN take you request/demand/motion to the court to FORCE them to produce. Then they must explain why they failed to comply in the first place.

You can hand deliver a copy, but you should also mail a copy with a return receipt requested so that you have a signature and a date that they did receive it. I also email a copy directly to the record keeper.

[August 4, 2011]


[Your Name]


[City, State, Zip}

Addressed to:

[Name of record keeper]

[Their official title]

[City, State, Zip]

[Name of record keeper],

This letter is to request all records contained within my family file, send to me without deletions/editing/removal of any documents, under the state’s Open Records Law [Wisconsin Statutes s. 48. 981 (7), and 19.31-19.39] dated from [January 1, 2010 through and up to August  4,2011].

Please forward any and all copies of records, handwritten, typed or printed, and all computerized documents including: copies of all letters, faxes, emails, telephone messages, internal memos, contact logs, running sheets/daily logs, photographs, films, and recordings, tapes (including computer tapes) that contains any and all references to [your name, your spouses name, child #1's name, child #2's name, include any alias'.]

Include any or all copies of requests received along with the name of person(s) or agency to which the records were released and the date, time, and content of the records released from/to any source concerning the above-mentioned names.

Additionally, add to the list copies of all notices, materials and all other related documents (either directly or indirectly related) and or sent or received to and by the placement parent(s).

In the event any of the above requested reports or information is legitimately unavailable, and or not allowed to be released, we request that the rest of this request be considered separately, and an itemized list of the redacted items be included.

I would prefer to receive the information in electronic format. I will pick these up when notified that you have them available, or they can be emailed to:   [your email here].

The department shall make a good faith effort to provide this information within 10 days after receiving this request.


[type your name under signature]

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