Thompson, Stephen v. Department of Children and Families (SPR 20260295)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 11, 2026 SPR26/0295 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 Stephen Thompson 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 November 21, 2025, Mr. Thompson requested, “I would like to obtain my DCF records from January 1st 2002 - December 31st 2005 [for my identified] children’s names ...” The Department responded on January 21, 2026. Unsatisfied with the response, Mr. Thompson petitioned this office and this appeal, SPR26/0295, 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. 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. SPR26/0295 Page 2 February 11, 2026 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 January 21st Response In its January 21, 2026 response, the Department, stated, “[i]n order for us to release information on your [identified] children, we would need a signed release from them since they are over 18 years old (at the time of this request). We would also need copies of their driver licenses or other identification to verify the release. We can release this record to you now without the releases, but their names and information would be redacted out, and it wouldn’t give you what you want.” Current Appeal In his appeal Mr. Thompson states, “[o]n that same date [January 21st] I replied in writing consenting to the release of any responsive records without third-party releases, even if redacted, and requested a tracking number and anticipated production date. As of today, I have received no records, no tracking number, no production date, and no further response.” Records in Existence; Possession, Custody, or Control The Department is advised that 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). Further, 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). However, 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 the Department’s response, and information provided in Mr. Thompson’s appeal petition, it is unclear whether the Department possesses records responsive to the request. If the Department does possess responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the Department is ordered to provide Mr. Thompson 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

Steven Treat, Esq. SPR26/0295 Page 3 February 11, 2026 office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Thompson 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: Stephen Thompson