Confidentiality and Discovery Issues Involving CSS Files
Obtaining Information from CSS Files:
42 U.S.C. 654(26) and Family Code §17212 govern the confidentiality of CSS files.
CSS files are confidential. You cannot obtain information from the files by a subpoena. Family Code §17212(c)(6) provides for the release of information only after a noticed motion and finding that release or disclosure is required by due process. At the request of counsel an in camera hearing will be held concerning the documents at issue, to determine if the release of the documents is necessitated by due process.
Obtaining address information from CSS files:
A noticed motion must be filed to obtain the address of a party. Family Code §17212(c) (6) requires that a noticed motion be filed by the party or his attorney requesting the address information. At the hearing the court shall inquire of the CSS attorney whether there are or have been potential domestic violence allegations lodged by the parties. If the court determines that harm may occur, the court will issue protective orders or injunctive orders as necessary to protect the affected party. Requiring the noticed motion allows CSS staff time to research whether or not any domestic violence allegations have been made in the case.
Personal information is redacted from documents filed with the court:
The confidentiality laws also require CSS to redact address and other personal information from documents that it files with the court, such as income and expense declarations, payroll documents and proofs of service. A mailing list of the addresses at which service was effected is kept in the CSS file and may be examined at the request of the judicial officer to determine the sufficiency of the service process. Family Code §17212(b) (3).
Family Code §17212 allows CSS to release the following information from its files without a noticed motion:
A document requested by the party who wrote, prepared or furnished the document to CSS.
A payment history
Income and Expense declaration of either parent for the purpose of establishing or modifying a support order, redacted of all personal identifying information including place of employment, address and social security number.
Upon request by a party that was served, CSS shall release to that person the address where service was accomplished.
Information indicating the existence or imminent threat of a crime against a child may be disclosed to the appropriate law enforcement agency.
Legal