Kelly Woods v. Department of Children and Families (SPR 20253642)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 23, 2025 SPR25/3642 Steven S. Treat, Esq. Assistant General Counsel Department of Children and Families 1 Ashburton Place, Third Floor Boston, MA 02108 Dear Attorney Treat: I have received the petition of Kelly Woods 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 August 8, 2025, Ms. Woods requested: …all records maintained by the Department of Children and Families – Cape and Islands Area Office relating to [five identified individuals] [including] … all documents, reports, summaries, internal notes, emails, communications, safety plans, service referrals, case conference documentation, third-party communications, internal decision-making records, ADA-related accommodations, 5lA and 51B reports (and associated findings), police reports (at least 1 known 2024, at least 3 known 2025) and any documentation reflecting involvement by caseworkers, supervisors, or outside contractors between January 1, 2022 and present. Previous Appeals This request was the subject of previous appeals. See SPR25/2699 Determination of the Supervisor of Records (September 25, 2025) and SPR25/3125 Determination of the Supervisor of Records (October 31, 2025). In my October 31st determination, I ordered the Department to identify the records, categories of records, or portions of records it intends to withhold under Exemptions (a) and (c) of the Public Records Law and to explain with specificity how such exemptions apply to the withheld records. The Department responded on November 5, 2025. Unsatisfied with the Department’s response, Ms. Woods petitioned this office and this appeal, SPR25/3642, was opened as a result. 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

Steven S. Treat, Esq. SPR25/3642 Page 2 December 23, 2025 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. 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, § 10(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 November 5th Response In its November 5, 2025 response, the Department provided Ms. Woods with 305 pages of responsive records, subject to redactions. Current Appeal In her appeal petition, Ms. Woods argued that the Department continues to: [1] Withhold categories of responsive records, [2] Apply blanket redactions without statutory basis, [3] Fail to segregate non-exempt material, [4] Fail to confirm whether records exist, [5] And improperly invoke juvenile confidentiality over agency-generated records. Subsequent to the opening of this appeal, this office reviewed the docket of the trial court and learned that criminal litigation, relating to the records that are the subject of Ms. Woods’ request, remains active and ongoing in Orleans District Court. See Commonwealth vs. Woods, Kelly (Orleans District Court Docket No. 2526CR000382); Commonwealth vs. Woods, Kelly (Orleans District Court Docket No. 2526CR000383). Additionally, records that are the subject of Ms. Woods’ request are the subject of a petition before Barnstable County Juvenile Court under Docket Number 25CP0040OL, in which a pre-trial conference was scheduled for December 17, 2025.

Steven S. Treat, Esq. SPR25/3642 Page 3 December 23, 2025 Pending Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In light of the above pending matters, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Please note that a change in the status of the above matters could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Kelly Woods