Corrigan Wright v. Department of Children and Families (SPR 20200080)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 29, 2020 SPR20/0080 Adelaida Jasperse Assistant General Counsel Department of Children and Families 600 Washington Street Boston, MA 02210 Dear Attorney Jasperse: I have received the petition of C01Tigan Wright appealing the response of the Department of Children and Families (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1 ). Specifically, Ms. Wright requested a copy of a "5 lA report filed on 5/1/2013, or around that date, regarding [an identified individual] ... regarding possible abuse and neglect of [two identified] minor children." The Department responded on January 14, 2020, denying access to responsive records. Unsatisfied with the Department's response, Ms. Wright petitioned this office and this appeal, SPR20/0080, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lOA(d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any to.wn of the Commonwealth, unless. falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § lO(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1O (b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Adelaida Jasperse, Esq. SPR20/0080 Page2 January 29, 2020 The Department's January J4t1, response In its January 14, 2020 response, the Department asserts "[p]ublic records do not include records about yourself, your children, or your client(s). For any questions regarding your records, records of your children, or records of your client(s), you should contact the area office that handled or is handling the case." The Department provided a link to a list of its area offices. While this appeal was pending, the Department provided a supplemental response dated January 24, 2020. Ms. Wright may appeal the substantive nature of the Department's January 24111 response, within 90 days. See 950 C.M.R. 32.08(1). This office can provide Ms. Wright a copy of the Department's response upon request in the event that she has yet to receive it. Sincerely, Rebecca S. Murray Supervisor of Records cc: Corrigan Wright