Matthew Capasso v. Department of Children and Families (SPR 20252654)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 17, 2025 SPR25/2654 Adam J. Smith Records Access Officer Department of Children and Families 1 Ashburton Place Boston, MA 02108 Dear Mr. Smith: I have received the petition of Matthew Capasso appealing the response of the Department of Children and Families (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 4, 2025, Mr. Capasso requested, “[an identified individual’s] complete, unredacted case record and all related internal and external communications held by the DCF North Central Area Office for the period September 10, 2024 through September 4, 2025 . . . including but not limited to[;] 51A/51B reports, screening notes, investigation summaries, dictation/case notes, contact logs, assessments, action plans, safety plans, supervisory review, closing recommendations, hearing materials, and exhibits. . .” The Department responded on September 8, 2025. Unsatisfied with the Department’s response, Mr. Capasso petitioned this office and this appeal, SPR25/2654, 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, § 10A(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 agency or municipality 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, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Att’y 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 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

Adam J. Smith SPR25/2654 Page 2 September 17, 2025 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, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Status of the Requestor; Reason for the Request 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 G. L. c. 66, § 10(a); see also Bougas v. Chief of Police of ----------------------- Lexington, 371 Mass. 59, 64 (1976). Accordingly, Mr. Capasso’s status shall have no bearing on the public status of any existing responsive records. The Department’s September 8th Response In its September 8, 2025 response, the Department stated, “[t]hank you for your message. Please be advised that this mailbox is only for questions regarding public records requests. Public Records do not include records about yourself, your children, or your client(s) which are the only records you may obtain access to. 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.” Current Appeal In his September 8, 2025 petition to this office, Mr. Capasso stated, “DCF’s productions to date remain incomplete and outdated.” In a September 10, 2025 email communication from the Department to this office and Mr. Capasso, the Department stated, “[o]ur records clerk has complied with the elements of Mr. Capasso’s request that are within the typical responsibility of the DCF Area Office. I have reached out to our Regional Counsel regarding Mr. Capasso’s additional requests.” Based on Mr. Capasso’s petition and the Department’s responses, it is unclear whether the Department possesses additional responsive records. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Consequently, the Department must clarify whether it possesses additional responsive records. Conclusion Accordingly, the Department is ordered to provide Mr. Capasso with a response to the

Adam J. Smith SPR25/2654 Page 3 September 17, 2025 request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Capasso may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Matthew Capasso Ann Horgan Anthony Mansfield, Esq.