Jennifer Honig v. Department of Children and Families (SPR 20253677)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 23, 2025 SPR25/3677 Steven Treat, Esq. Assistant General Counsel Department of Children and Families 1 Ashburton Place Boston, MA 02108 Dear Attorney Treat: I have received the petition of Jennifer Honig, Esq., of the Mental Health Legal Advisors Committee, appealing the nonresponse 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 November 24, 2025, Attorney Honig requested “information on youth in [Department] custody - including youth in foster care, youth in congregate care settings, youth in therapeutic programs, and youth in any other type of setting[.]” Specifically, Attorney Honig sought the following records between January 1, 2024 and November 24, 2025: [1] All data provided or made available to the State Auditor in the course of the Auditor’s performance audit of [the Department] for the period July 1, 2019 through December 31, 2023, excluding data that contains protected child specific data[;] [2] [T]he number of children that meet the following criteria on the first of each month in the requested period[:] Meet the definition in this request of “child”[;] [h]ave one current Axis 1 mental health diagnosis[;] [h]ave two current Axis 1 mental health diagnoses[;] [h]ave three current Axis 1 mental health diagnoses[;] [h]ave more than three current Axis 1 mental health diagnoses[;] [h]as a current Axis II diagnosis of intellectual diability[;] [h]as a co-occuring Axis I and Axis II diagnosis[;] [a]re currently prescribed one antipsychotic medication[;] [a]re currently prescribed two antipsychotic medications[;] [a]re currently prescribed three antipsychotic medications[;] [a]re currently prescribed more than three antipsychotic medications[;] [a]re currently prescribed one medication other than antipsychotics, as defined by [the Department], for psychiatric conditions[;] [a]re currently prescribed one medication other than antipsychotics, as defined by [the Department], for psychiatric conditions[;] [a]re currently prescribed two 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 Treat, Esq. SPR25/3677 Page 2 December 23, 2025 medications other than antipsychotics, as defined by [the Department], for psychiatric conditions[;] [a]re currently prescribed three medications other than antipsychotics, as defined by [the Department], for psychiatric conditions[;] [a]re currently prescribed more than three medications other than antipsychotics, as defined by [the Department], for psychiatric conditions[;] [a]re currently prescribed two medications (including both antipsychotics and non- antipsychotics)[;] [a]re currently prescribed three medications (including both antipsychotics and non-antipsychotics)[;] [a]re currently prescribed four medications (including both antipsychotics and non-antipsychotics)[;] [a]re currently prescribed five medications (including both antipsychotics and non- antipsychotics)[;] [a]re currently prescribed six medications (including both antipsychotics and non-antipsychotics)[;] [a]re currently prescribed more than six medications (including both antipsychotics and non-antipsychotics)[;] [r]esiding in a foster home[;] [r]esiding in a residential congregate care setting[;] [r]esiding in a therapeutic program or school setting[;] [or] [a]re currently prescribed each of the antipsychotics that [the Department] has identified as requiring judicial authorization to administer to children, by antipsychotic[;] [3] [A]ll medications, excluding antipsychotics as defined by [the Department], that [the Department] has authorized to be administered to children to treat a mental health or behavioral health conditions, an intellectual disability, or autism spectrum disorder, to provide emotional stability or relief of an emotional disorder or to address a sleep disorder, during the request period[;] [4] [A]ll medications that [the Department] has authorized to be administered to children to treat side effects of medications as responsive to Request [3][.] Claiming to not yet have received responsive records, Attorney Honig petitioned this office and this appeal, SPR25/3677, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Attorney Honig with a response to his 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. Attorney Honig may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Steven Treat, Esq. SPR25/3677 Page 3 December 23, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Jennifer Honig, Esq.