Susan Nedar v. Department of Children and Families (SPR 20253855)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 15, 2026 SPR25/3855 Steven Treat, Esq. Records Access Officer Assistant General Counsel Department of Children and Families Office of the General Counsel One Ashburton Place, 3rd Floor Boston, MA 02108 Dear Attorney Treat: I have received the petition of Susan Nedar, of WSAR 1480, appealing the response of the Department of Children and Families (Department/DCF) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 5, 2025, Ms. Nedar requested, “[f]indings report of the matter recently investigated at Westport Elementary School involving a child being dragged by a teacher’s assistant which resulted in the resignation of both the teacher’s assistant and the Principal.” The Department responded on December 26, 2025. Unsatisfied with the response, Ms. Nedar petitioned this office and this appeal, SPR25/3855, 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. 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 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. SPR25/3855 Page 2 January 15, 2026 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. Current Appeal In her appeal Ms. Nadar states, “[m]y request sought the findings report of a completed investigation involving serious misconduct by a school employee. DCF’s response assumes, without explanation, that all responsive records must necessarily be confidential Case Files. However, agencies routinely generate administrative summaries, determinations, correspondence, or closing reports that do not reveal personally identifying child information and are not themselves reports under § 51A. DCF has not met its burden under G.L. c. 66, § 10(b)(iv) to demonstrate, with specificity, that no responsive records exist outside the narrow scope of statutorily confidential child abuse reports.” The Department’s December 26th Response In its December 26, 2025 response, the Department cited Exemptions (a) and (c) of the Public Records Law to withhold the requested records. Although the Department cited Exemption (c), it did not provide any supporting information regarding this exemption. Exemption (a) Exemption (a), known as the statutory exemption, permits the withholding of records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, §7 (26)(a). A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public’s right to inspect records under the Public Records Law is restricted. See Att’y Gen. v. Collector of Lynn, 377 Mass. 151, 54 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-46 (1977). This exemption creates two categories of exempt records. The first category includes records that are specifically exempt from disclosure by statute. Such statutes expressly state that such a record either “shall not be a public record,” “shall be kept confidential” or “shall not be subject to the disclosure provision of the Public Records Law. The second category under the exemption includes records deemed exempt under statute by necessary implication. Such statutes expressly limit the dissemination of particular

Steven Treat, Esq. SPR25/3855 Page 3 January 15, 2026 records to a defined group of individuals or entities. A statute is not a basis for exemption if it merely lists individuals or entities to whom the records are to be provided; the statute must expressly limit access to the listed individuals or entities. Under Exemption (a), the Department stated the following: Please be advised, DCF does not license or regulate the named institutions in your request. DCF investigates allegations of abuse or neglect of children made against individual caregivers, not institutions. To the extent that your requests seek investigations pertaining to licensing of the named institutions, DCF has no responsive records in its possession, custody, or control. You may wish to submit your request to the Department of Elementary and Secondary Education (“DESE”). Information on submitting request to DESE can be found at the following website ... To the extent that DCF may have responsive records to your request for investigations records, such records, if they exist, would be contained within a DCF investigation case file(s). Therefore, DCF identified the following categories of records that would be potentially responsive to your request: case files and reports prepared under sections G.L. c. 119, §§ 51A to 51E (collectively, “Case Files”). … G.L. c. 119 § 51E requires DCF to maintain a file of reports 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, guardians, reporting agencies, review boards, child welfare agencies or social workers. Id. While 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 ½ years. Id. Similarly, G.L. c. 119, § 51F 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. Additionally, in its response, the Department cites several other statutes to support the non-disclosure of the requested records. G. L. c. 119, §§ 51E, 51F provide in pertinent parts: The department shall maintain a file of the written reports prepared under this section and sections 51A to 51D, inclusive. These written reports shall be confidential. Upon request and with the approval of the commissioner, copies of written reports of initial investigations may be provided to: (i) the child’s parent, guardian, or counsel, (ii) the reporting person or agency, (iii) the appropriate review board, (iv) a child welfare agency of another state for the purpose of

Steven Treat, Esq. SPR25/3855 Page 4 January 15, 2026 assisting that agency in determining whether to approve a prospective foster or adoptive parent, or (v) a social worker assigned to the case. No such report shall be made available to any persons other than those specified in this section without the written and informed consent of the child’s parent or guardian, the written approval of the commissioner, or an order of a court of competent jurisdiction. Pursuant to chapter 18C, the child advocate shall have access to these reports. G. L. c. 119, § 51E. The department shall maintain a central registry of information sufficient to identify children whose names are reported under sections 51A to 51B. Data and information relating to individual cases in the central registry shall be confidential and shall be made available only with the approval of the commissioner or upon court order; provided, however, that the department, upon request, may release this data and information to a child welfare agency of another state for the purpose of assisting that agency in determining whether to approve a prospective foster or adoptive parent. The commissioner shall establish rules and regulations governing the availability of such data and information. Pursuant to chapter 18C, the child advocate shall have access to the information in the registry. G. L. c. 119, § 51F. Based on the Department’s response, and as the records are restricted from disclosure in their entirety by the Legislature under G. L. c. 119, § 51F, as it operates through Exemption (a), I find the Department has met its burden in responding to this request under the Public Records Law. See G. L. c. 119, § 51F (providing that information relating to individual cases in the central registry shall be confidential). Conclusion Accordingly, I will consider this administrative appeal closed. If Ms. Nadar is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. G. L. c. 66, § 10A(c) Sincerely. Manza Arthur Supervisor of Records cc: Susan Nedar