Corrigan Wright v. Department of Children and Families (SPR 20200174)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 12, 2020 SPR20/0174 Adelaida Jasperse, Esq. Assistant General Counsel Department of Children and Families 600 Washington Street Boston, MA 02210 Dear Attorney Jasperse: I have received the petition of Corrigan Wright appealing the response of the Department of Children and Families (Department/DCF) 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." Previous appeal This request was the subject of a previous appeal. SPR20/0080 Determination of the Supervisor of Records (January 29, 2020). I closed SPR20/0080 after I learned that the Department provided Ms. Wright with a supplemental response on January 24, 2020. Unsatisfied with the Department's response, Ms. Wright petitioned this office and this appeal, SPR20/0174, was opened as a result. While this appeal was pending, the Department provided a supplemental response dated February 10, 2020. Purpose of request; identity of requestor Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Ms. Wright's purpose in making the request has no bearing on the public status of any existing 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. SPR20/0174 Page 2 February 12, 2020 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 town 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. The Department's January 241 and February 101 supplemental responses " " In its January 24, 2020 response, the Department asserts that Ms. Wright's request" ... is not a request for public records. Rather it is a personal records request, therefore, it falls outside of the purview of G.L. c. 66, § lOA and the auspices of the Supervisor or Records because the records sought are exempt from the public records law ... and, most significantly, the petitioner, Ms. Corrigan Wright, might have a unique right of access. 950 CMR 32.06(g)." The Department further asserts that the requested records are exempt from disclosure pursuant to Exemption (a) of the Public Records Law. The Department cites both state and federal statutes and regulations that permit non-disclosure of the requested records, including G. L. c. 119, §§ 51E, 51F. The Department explains that" ... G.L. c. 119 § 51E requires the Department of Children and Families ('DCF') to maintain a file ofreports prepared under G.L. c. 119, §51A through 51E. The statute, however, requires that this information is kept confidential. According to the statute, this confidential information may only be provided to parents or their legal counsels, legal guardians, reporting agencies, review boards, child welfare agencies or social workers. Id." The Department explains that "[w]hile the Office of the Child Advocate ('OCA') has access to these reports, no other party may obtain copies unless permitted as indicated in the statute. The penalties for unauthorized disclosure include a fine of up to $1000 and possible imprisonment for up to 2 Yz years. Id. Similarly, G.L. c. 119, § 5 lF requires that any information contained in a central registry of information created by DCF 'shall be confidential' and may only be disclosed to statutorily enumerated parties, including the OCA. ... " In its February 10, 2020 supplemental response, the Department, aside from reiterating its previous exemption claim, indicates that " ... at DCF, personal records requests are processed by

Adelaida Jasperse, Esq. SPR20/0174 Page 3 February 12, 2020 the area office which handles or handled the child welfare matter. 110 CMR 12 et seq." Consequently, the Department states that its" ... Pittsfield Area Office has reached out to Ms. Wright to assist her with her personal records request ... [,]" and attaches an email correspondence between Ms. Wright and a Department representative regarding this record request. The Department further advices Ms. Wright to address all future enquiries with that office. Conclusion Accordingly, where the parties appear to be communicating in this matter to resolve issues, I will consider this administrative appeal closed. If unresolved issues remain, Ms. Wright may appeal the substantive nature of the Depaiiment's response within ninety days. See 950 C.M.R. 32.08(1). This office can provide Ms. Wright a copy of the Depaiiment's February 10th response upon request in the event that she has yet to receive it. Sincerely, ~r~ Supervisor of Records cc: Corrigan Wright