Frequently Asked Questions

The law allows DCS to release records only in cases of abuse, abandonment or neglect resulting in a fatality or a near fatality. There must be medical proof or other evidence that the fatality or near fatality was caused by abuse or neglect.

Among the information DCS considers when determining that a child’s death was the result of abuse or neglect are:

• A statement from a physician or an autopsy finding that the child’s death was the result of abuse or neglect;
• A statement from a parent, guardian or caregiver that they caused the child’s death or near death;
• the arrest or criminal indictment of a parent, guardian or caregiver in connection to the child’s death;
• or, A DCS investigation has resulted in a substantiated finding that abuse or neglect by a parent, guardian or caregiver caused the child's death or near-death.

In addition, in the case of a near fatality, a physician must certify that the child was in serious or critical condition due to the abuse or neglect.

If there is insufficient information available to believe that the fatality or near fatality was caused by maltreatment, the Department, by federal and state law, cannot release records in the case.

Any individual may request DCS records on a case where a child has died or nearly died as a result of abuse or neglect (maltreatment) by contacting the Records Coordinator. Requests may be emailed, faxed or mailed as indicated on the contact us page.

The more information you provide with your request, the faster the Department will be able to respond to your request. Please provide as much information as possible, including full names and dates of birth for the child, the parents and the alleged perpetrator (if a caregiver other than a parent).

The Records Coordinator will notify you when the request has been received, will provide you with periodic updates on the status of your request, and will provide the records to you once they are available.

The Department is committed to providing the records as quickly as possible. Individual cases will vary, depending on the case circumstances. State law requires that the Department coordinate with the appropriate prosecuting agency before records on specific cases can be released. It also requires that the Department take appropriate steps to protect the privacy of crime victims, sources of DCS reports, and innocent parties in a case (such as siblings, grandparents, etc.) before the DCS records can be released.

The Records Coordinator will provide periodic updates to requestors letting them know the status of their request.

Law enforcement agencies statewide are critical partners in protecting children; they ensure that perpetrators of child abuse or neglect are held accountable for the harm they cause to children.

State law requires that the prosecuting agency be given the opportunity to review DCS records that may be released in order to determine whether the release of the records would cause “specific, material harm” to the criminal investigation.

If any person believes that a prosecuting agency has failed to demonstrate that the release of DCS records would cause a specific material harm to the criminal investigation, that person may file an action in Superior Court and ask the court to review the DCS records and tell the Department which records can be released.

The DCS case file typically includes: DCS investigation case notes, including safety and risk assessments regarding the child and correspondence with the family; court documents filed regarding the child, including the family’s case plan and progress reports filed with the court by DCS; and, reports about the child received by treatment and service providers working with the family.