McCormick, Kariem v. Department of Children and Families (SPR 20260093)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 23, 2026 SPR26/0093 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 Kariem McCormick 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 December 1, 2025, Ms. McCormick requested: [A]ll personal DCF records associated with [an identified individual], including all case files from any investigation, assessment, case opening, screening decision, or service involvement in which [an identified individual] was listed as a parent, household member, alleged perpetrator, collateral, or contact, regardless of date or outcome. This includes but is not limited to: [1] Every 51A report and reporter narrative filed involving [three identified individuals;] [2] Every 51B investigation, including full notes, safety assessments, risk assessments, collateral contact logs, supervisor approvals, and dictation[;] [3] All case records for [two identified individuals] across any DCF office or time period[;] [4] All case activity logs, running notes, DocuShare entries, photographs, uploaded documents, emails, and internal communications[;] [5] All records from the early 2024 Hyde Park investigation; the May 2024 removal and placement denial involving [an identified individual]; and the Feb- May 2025 investigation involving [an identified individual;] [6] All screened-in and screened-out reports connected to [an identified individual;] [7] All records provided to, or withheld from, Juvenile Court or Probate Court[;] [8] All references to or involvement of DCF employees including but not limited to [five identified individuals] and any supervisors or area directors[.] 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. SPR26/0093 Page 2 January 23, 2026 Previous Appeal The requested records were the subject of a previous appeal. See SPR25/3854 Determination of the Supervisor of Records (January 12, 2026). In my January 12th determination, I learned the Department had provided a supplemental response. The Department responded on December 31, 2025, January 5, 2026, and January 6, 2026. Unsatisfied with the Department’s responses, Ms. McCormick petitioned this office and this appeal, SPR26/0093, 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 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 December 31st, January 5th, and January 6th Responses On December 31, 2025, the Department stated that “[i]f there is anything new to add since the previous request, I will send the redacted version to you 30-45 business days if I have no interruptions.” On January 5, 2026, the Department stated, “[y]our file has been provided to you pursuant to our regulations.” On January 6, 2026, the Department stated: Our files include the entire family. Therefore, the file that you were provided was your entire file including your children. If you have reason to believe that something is missing, please let us know.

Steven S. Treat, Esq. SPR26/0093 Page 3 January 23, 2026 However, we have provided you with all the documentation that we have regarding your case. You case was closed, therefore, there is no additional documentation since your initial request. Current Appeal In her appeal petition, Ms. McCormick contends: My request was not limited to a single “file” or to one area office. It sought all personal records associated with my name and my children’s names across any DCF office, including records never previously disclosed and records created or modified after July 2025. … DCF has not stated whether records created, modified, reviewed, or transmitted after the July 2025 disclosure exist, nor certified that none do. ... DCF’s suggestion that I must identify what is “missing” improperly shifts the burden of compliance from the agency to the requester, contrary to FIPA. … Additional 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). Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). In accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Based on issues raised in Ms. McCormick’s appeal, it is unclear whether the Department possesses additional responsive records. Specifically, the Department must clarify whether it possesses “records never previously disclosed and records created or modified after July 2025.” To the extent that additional records exist, I find the Department must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Ms. McCormick with a response to the 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. Ms. McCormick may further appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Steven S. Treat, Esq. SPR26/0093 Page 4 January 23, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Kariem McCormick