FCYU-Feature Story

Right to Your Records
How to find out what’s in your case file.

By Blair Little

The first time I asked to see my case file I was 12 years old. My caseworker told me I couldn’t, so I tried to take it from her. “Why do you want to see it so badly?” she asked.

“Why do you want to keep it from me?” I responded. She didn’t have an answer.

When I got a new casewoker, I decided to sneak a peek at my file while she was in the bathroom. I was just opening it up when she walked back into her office and caught me!

I was embarrassed: I had been caught doing something sneaky and I was afraid she’d never trust me again. But later, I got mad. Why shouldn’t I be able to see my own file? Didn’t it belong to me?

I’ve always wanted to see my file to understand more about the day that I was taken away from my mother. According to my great-grandmother, my mother had mental problems and stabbed me when I was a year old.

I also want to know what the agency people say about me. One day, my therapist looked in my file and said I needed to see a psychiatrist! I wondered what was in my file that made her think that. Because my agency wouldn’t let me see what was written about me, I became very suspicious. I wondered if my file contained things that weren’t true.

It didn’t make sense to me that youth in care can’t see their own case histories. So I interviewed William Grimm, a senior attorney at the National Center for Youth Law in Oakland, California, to find out what rights we have.

Q: What is in our files?

A: All kinds of things. There should be a case plan, court orders, medical records, psychological reports, school documents, and notes about you, your parents, siblings and other family members.

You should know, though, that any documents concerning an investigation of your parents for child abuse or neglect might be in a separate file somewhere else. That file might not even be in your name. It might be filed under your parents’ names.

Q: Do we have the right to see our foster care files?

A: Your legal rights depend on what state you live in. I don’t know if any states guarantee youth in care the right to read their files. But that doesn’t mean you can’t. If your agency refuses to let you see your records, you can always go to court and insist on reading what has been written about you.

Q: Why do agencies refuse to let us see our files?

A: They’re afraid of what you might find. Agencies are afraid you might read about a mistake that could give you a reason to sue them.

Also, you might read things in there that are not true. Caseworkers may put labels on children like “emotionally disturbed,” or “fire starter,” that are not justified.

Some agencies think that by refusing to show you your file they’re obeying the Child Abuse Prevention and Treatment Act, a federal law that requires the states to keep information about child abuse and neglect cases confidential. But the one exception in the law is that people who are the subject of the report have a right to see it.

On the other hand, even if your agency shows you your file, it has a right to withhold certain parts that mention other people, such as your parents, brothers and sisters. The agency has to preserve their confidentiality, just as it has to protect yours.

Q: Who gets to see our file while we are in care?

A: Only the people directly involved in your care should have access. It’s not a public record and shouldn’t be shared with anyone else. In California, your therapist couldn’t see your file without you saying okay, but a judge might give a therapist the right to see your file if he’s asking the therapist to evaluate you.

Q: How old should we be before we read our files?

A: That depends on the person. Clearly 5 or 6 is too young. Some agencies think kids are ready at age 16. I think some kids are ready at 14, but it really depends on the individual and how emotionally prepared you are to find out about your past.

Q: How can we get to see our files?

A: Start informally and be polite. Tell your caseworker, “I would like to see my file.” If your caseworker says no, ask what parts she will let you see. You should certainly be able to see your school records and case plan.

Now—this is very important—if your caseworker says no, make sure you send him or her a letter stating why you wanted to see your file. In the letter, say you disagree with the decision not to let you see it and that you still want to read it. Keep a copy! You’re creating a paper trail. If you have to go to court to see your file, you can prove to the judge you tried on your own but need his or her help to make it happen.

If asking politely doesn’t work, go to your law guardian and say, “I want to see my records.” In some states, your law guardian may be able to get them for you without going to court. If not, ask your law guardian to file a motion with the court demanding that the agency show you your file.

If you have trouble with your law guardian, you can also write to the judge yourself. Judges tend to decide whether you’re ready to see your file by how mature you are. You are more likely to get what you want if you’re not cutting school and not running away, if you’re pulling good grades, behaving well and treating other people respectfully. You can bring an adult to court to tell the judge that you are mature enough to handle reading about how you came into care.

Q: What if we read our files and find false information? How can we correct it?

A: First, write a letter to your caseworker pointing out what information is wrong. In your letter, say, “This information is inaccurate and should be removed from my file.” If the caseworker refuses to take it out, ask your law guardian to file a request for an administrative hearing so you can explain the problem to a judge.

Q: What happens to our files after we age out?

A: There’s no federal law that tells agencies how to store all these records, but they’re not destroyed. Other people are allowed to look at them only for really good reasons. For example, researchers might use records later for studies on who winds up in care, what happens to people when they get out, or what kind of people wind up in the system. But they should only be using your information for statistics. They’re not allowed to make your name public or violate your confidentiality.