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Senate Bill 39 requires government agencies to provide copies of three types of documents concerning children who may have died as the result of abuse or neglect:
Stage 1: State of California (SOC) 826 Reports
Stage 2: County Files
Stage 3: Dependency Court Files
Stage 1: SOC 826 reports
WHAT: One-page reports on each child death or near-death that the county suspects is the result of abuse or neglect. Child protective services file both an initial report for all suspected abuse deaths and a final decision on whether abuse or neglect caused the incident. These forms are filed with the California Department of Social Services (DCSS). See here for the standard SOC 826 form.
WHEN TO REQUEST: Request a county’s SOC 826 reports for identifying information on a particular case and information about how many children in a county have died of abuse or neglect.
WHAT THEY CONTAIN: - Child’s name and gender
- Date of death
- Whether the death is under investigation by child welfare officials or law enforcement
- Whether the child was in foster care or at home at the time of death.
HOW: Send a letter to the director of the county’s CPS agency.
Stage 2: County Files
WHAT: Information about whether the child’s family was previously investigated by the county for abuse or neglect and, if so, whether the allegations were substantiated.
WHEN TO REQUEST THEM: Request CPS files if you have identifying information on a particular case. Using these files, you can determine whether CPS should have foreseen that a child who died was at risk of abuse.
WHAT THEY CONTAIN: - All previous referrals to the child welfare agency regarding abuse or neglect
- Emergency response referral information and reports made by the child welfare agency to law enforcement
- All health records, except mental health records, relating to the child’s death and previous injuries
- Records pertaining to foster parents’ licensing and training, if the child was in foster care at the time of death
HOW: Send a letter to the director of the county’s CPS agency. If the child died in one county but was subject to the jurisdiction of another county, send a request letter to the director of each county’s CPS agency. To identify the file you are seeking, include identifying information such as the date of the incident, the date of death (if different), and the child’s name, gender, and age.
Stage 3: Juvenile Case Files
WHAT: Complete files concerning a child who has died as a result of abuse or neglect.
WHEN TO REQUEST THEM: Request juvenile case files if you want full information about a child who has died.
WHAT THEY CONTAIN: - All documents filed in a juvenile court case
- Reports to the court and other documents maintained by probation officers, social workers of child welfare services programs, and CASA volunteers
- Documents made available to probation officers, social works of child welfare services programs, and CASA volunteers in preparation of reports to the court
- Transcripts, records, or reports relating to matters prepared or released by the court, probation department, or child welfare services program
- Documents, video or audio tapes, photographs, and exhibits admitted into evidence at juvenile court hearings
HOW: File a petition in Superior Court. For examples of pleadings and other assistance, please contact Edward Opton at eopton(at)youthlaw.org.
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 - Photo by David Liebman
Photographs that appear on this website were produced independently of articles and information, and bear no relationship to cases or incidents discussed therein.
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