Harris Krinsky v. Department of Public Health (SPR 20200810)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 3, 2020 SPR20/0810 Helen Rush-Lloyd Records Access Officer Massachusetts Department of Public Health 250 Washington Street Boston, MA 02151 Dear Ms. Rush-Lloyd: I have received the petition of Attorney Harris Krinsky appealing the nonresponse of the Massachusetts Department of Public Health (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on May 4, 2020, Attorney Krinsky requested the following records within the possession of the Department: • The agency or entity responsible for creating the protocols for the Massachusetts Pediatric Sexual Assault Evidence Collection Kit in effect from June 2015 through August 31, 2015 and; • A copy of the protocols for the Massachusetts Pediatric Sexual Assault Evidence Collection Kit in effect from June 2015 through August 31, 2015. Claiming to not yet have received responsive records, Attorney Krinsky petitioned this office and this appeal, SPR20/0810, was opened as a result. Prior to the opening of this appeal, a representative from the Department indicated via an email response dated May 19, 2020 that “the Office for Grants and Research at the Executive Office of Public Safety and Security (EOPSS) is the holder of the information you are seeking.” However, it is unclear if the Department possesses any of the responsive records. The Department must clarify this matter. Accordingly, the Department is ordered to provide Attorney Krinsky with said response as soon as practicable. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Attorney Krinsky may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). 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

Ms. Helen Rush-Lloyd SPR20/0810 Page 2 June 3, 2020 Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr. Harris Krinsky, Esq.