sECTION 17:
Records Requests, Complaints, what happens next
Records Requests, Complaints, what happens next
Public Records Requests: What you Can and Cannot access
Under RCW 42.56 (Washington Public Records Act), you have the right to request records from DCYF, but certain information is confidential and will be redacted before release.
What You CAN Request:
✔️ Your own case file, including CPS investigation reports, case notes, and safety plans.
✔️ CPS Findings (whether an investigation was Founded or Unfounded).
✔️ Any communications between DCYF and law enforcement regarding your case.
✔️ Court documents filed by DCYF (if applicable).
DCYF policies and procedures related to your case.
What You CANNOT Access:
❌ Reporter Information – The identity of the person who reported you to CPS is legally protected.
❌ Confidential Third-Party Records – Medical, mental health, or school records belonging to others involved in the case.
❌ Active Law Enforcement Investigations – If DCYF collaborated with law enforcement, certain records may be restricted.
❌ Child Forensic Interview Recordings – Explicitly restricted under RCW 26.44.187 & RCW 26.44.188.
How to Submit a Request:
- DCYF provides a Public Disclosure Request Form that must be filled out.
- Requests can be submitted via email, mail, or online.
- Processing time varies but can take weeks or even months.
🔗 Request Public Records from DCYF
🚨 Important: DCYF follows Administrative Policy 13.05, which governs public records requests and disclosure procedures. If you’re unsure which DCYF office to contact, send your request to the Public Records Officer for guidance.
Public Records: Exemptions, Response Time, and Your Rights
Exemptions & Redactions (RCW 42.56.210, 42.56.230, 42.56.240)
- Agencies must redact exempt information but still provide non-exempt portions of records.
- Personal information (e.g., names, addresses, Social Security numbers) is protected.
- Investigative and law enforcement records may be withheld if disclosure could endanger an individual or impact a pending case.
Timeframes for Response (RCW 42.56.520)
Agencies must respond within five business days, but they can:
✔️ Provide the requested records.
✔️ Give an estimated completion date.
✔️ Deny the request with a reason.
Fees for Copies (RCW 42.56.120)
- Agencies can charge for physical or digital copies, but not for in-person inspection.
- Fees may include copying costs, postage, and processing fees.
Judicial Review of Denials (RCW 42.56.550)
If an agency denies your request, you have the right to challenge it in Superior Court.
DCYF Protecting Privacy & Confidential Information
DCYF is required to protect the privacy of all individuals involved in its system, including clients, foster parents, and employees. This means that certain records and information are strictly confidential and subject to special protections. This is why some records are restricted. DCYF’s privacy policies impact what information can be disclosed.
Key Takeaways from DCYF Privacy Policy:
DCYF is NOT a HIPAA-covered entity, meaning healthcare privacy laws (HIPAA) do not apply, but state privacy laws do.
Confidential information includes:
- Client records (including CPS case details).
- Personal identifying information (PII) such as Social Security numbers, addresses, and financial information.
- Medical and mental health records (subject to RCW 70.02 regulations).
- Biometric Information (fingerprints, DNA, retina scans) cannot be collected or stored without consent, except under specific legal circumstances (RCW 40.26.020).
How Does This Affect Public Records Requests:
- If you request public records from DCYF, you may receive redacted documents if the information falls under confidentiality laws.
- Certain data will not be released under any circumstances (e.g., identity of CPS reporters, biometric data, abuse victim addresses).
Filing a Complaint Against DCYF: Who to Contact First
If you believe DCYF mishandled your case, you have the right to file a complaint, but it’s important to follow the correct process.
Steps to Escalate a Complaint:
1️⃣ Talk to Your Social Worker First – Many concerns can be resolved directly without escalating.
2️⃣ Speak with Their Supervisor – If your social worker isn’t addressing the issue, contact their supervisor.
3️⃣ Reach Out to the Area Administrator – Each DCYF region has a higher-level administrator who can review complaints.
⚠️Find out what Regional DCYF Office you are. Then use this chart to find your area adminstrator if the front desk does not transfer you. Once you find the person on your chart they should have the phone number visible. Additionally, at the far right there is a “Detail” button and that will show you their supervisor and email address.
Timing Matters – When to File a Complaint
Filing a complaint during an active investigation, Family Voluntary Services (FVS), or Family Assessment Response (FAR) could negatively impact your case.
- If possible, wait until your case is closed before filing unless the issue is extremely serious.
- If the situation is severe and ongoing, you may need to escalate immediately.
Formal Complaint Process (RCW 74.13.045)
- DCYF has a non-adversarial complaint resolution process for clients, foster parents, and other affected individuals. This complaint process as defined by the RCW is outlined in WAC 110-09.
- Complaints must be about DCYF policies, procedures, or performance-based contracts.
- This process does NOT apply if the issue can be resolved through court or an adjudicative proceeding.
The Office of the Family and Children’s Ombuds (OFCO)
If you cannot resolve your complaint with DCYF, or if your complaint involves child safety, rights violations, or abuse of authority, you can file a complaint with OFCO—an independent office within the Governor’s Office.
OFCO investigates complaints about:
✔️ Children at risk of abuse, neglect, or harm. (This could be in foster care, or by the care of DCYF)
✔️ Child welfare and CPS investigations.
✔️ Children’s safety in state care.
OFCO does NOT investigate:
❌ Court decisions, attorneys, law enforcement, or CASA/GAL complaints.
📞 OFCO Contact Information: Phone: (206) 439-3870
What Happens Next?
After DCYF investigates your case, one of two things will happen:
- Your case is closed – If CPS finds no reason to continue involvement, your case ends without further action. This can happen after a CPS Investigation, Family Voluntary Services (FVS), Family Reconciliation Services (FRS), or a Voluntary Placement Agreement (VPA).
- DCYF files a Dependency Petition – If DCYF believes your child cannot safely remain in your care, they will file a Dependency Petition in Juvenile Court.
What is a Dependency?
A Dependency Petition is a legal case filed by DCYF, alleging that a child is “dependent” due to one or more of the following reasons (RCW 13.34.030):
- The child has been abandoned.
- The child has been abused or neglected by a caregiver.
- No parent or guardian is capable of providing adequate care, creating a danger to the child’s well-being.
Once the Dependency Petition is filed, DCYF may attempt to remove your child immediately.
What Happens After a Dependency Petition is Filed?
- DCYF may request a Pick-Up Order to remove the child.
- If the Pick-Up Order is not approved or cannot be executed quickly, law enforcement may remove the child under an “Authorized Emergency Pick-Up” (AEP).
🚨 Important: If your child is removed, the law requires a Shelter Care Hearing to be held quickly.
Shelter Care Hearing: Your First Court Appearance
A Shelter Care Hearing must be held within 72 hours (excluding weekends and holidays) after DCYF removes your child (RCW 13.34.065).
What Happens at the Shelter Care Hearing? (THIS IS A BRIEF OVERVIEW PLEASE SEE SECTION 18 ON THE DEPENDENCY TAB FOR INSTRUCTIONS ON HOW TO PREPARE AND WHAT TO EXPECT AT SHELTER CARE)
- You will receive a document instructing you to appear in court.
- DO NOT MISS THIS HEARING – it is your first opportunity to challenge DCYF’s placement and claims in terms of placement. (Note it is not your time to argue the entire case but simply why your child should be returned to your care-even though that may involve the facts of the case).
- You will be assigned a court-appointed attorney on that day (if you qualify -meaning if you are indigent).
- You must fill out an indigency form to receive free legal representation for the rest of the case.
- The judge will decide whether your child will stay in out-of-home placement or be returned to you while the case moves forward.
🔗 More Info on Shelter Care Hearings:This is a birdseye overview of the entire process.
🚨 Trauma of Removal & Mental Health Support
If your child is removed, they may experience trauma. DCYF has an ongoing mental health program to assess and support children after removal. Recognizing trauma early is crucial.