Morin, Jessica v. Department of Children and Families (SPR 20260999)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 1, 2026 SPR26/0999 Steven S. Treat, Esq. Records Access Officer Assistant General Counsel Department of Children and Families 600 Washington Street, 6th Floor Boston, MA 02111 Dear Attorney Treat: I have received the petition of Jessica Morin appealing the response of the Department of Children and Families (Department) to a request for records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 13, 2026, Ms. Morin sought an identified “complete DCF case record[.]” The Department provided a response on March 2, 2026, which contained multiple responsive records. Unsatisfied with the Department’s response, Ms. Morin petitioned this office and this appeal, SPR26/0999, 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 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. SPR26/0999 Page 2 April 1, 2026 custodian must provide the responsive records. The Department’s March 2nd Response In its March 2, 2026 response, the Department provided approximately 250 pages of responsive records in a secure attachment to an encrypted email and advised, “you have received a message containing protected information sent through [an identified] Secure Email System because it is confidential information, improper use of which may subject you to civil or criminal fines or imprisonment.” The Department’s response additionally contained a disclaimer noting, “[t]his email and its content are confidential and intended solely for the use of the addressee. . . .” Current Appeal In her March 19, 2026 appeal petition, Ms. Morin states that “the records [she] received were incomplete” and explains that “prior to receiving the records by email, [she] was contacted by [a representative] from [an identified] DCF office, who informed [her] that . . . DCF [‘]does not have[’] and [‘]cannot obtain[’] responsive metadata . . .” Ms. Morin further notes that she “didn’t receive any written correspondence/response other than the records [the Department] sent . . . on March 2.” Issues Outside the Authority of this Office It is my understanding that Ms. Morin made her above January 13, 2026 request by submitting to the Department a completed and signed copy of the Department’s “Personal Records Request Form[.]” Upon review, the form requires parties “requesting . . . personal records” to provide “[a]uthorization and other supporting documents[,]” including “a valid form of photo identification” to show “proof of . . . identity.” It is also my understanding that Ms. Morin provided a copy of her driver’s license to meet the Department’s authorization requirement for the disclosure of personal records. Ms. Morin is reminded that the Office of the Supervisor of Records (Supervisor) is statutorily empowered with the authority to determine the public record status of government records. See G. L. c. 66, § 10. Further, in compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has been alleged. See G. L. c. 66, § 10A(a). Please note that in requesting this office resolve the “[i]ncomplete [p]roduction” of records that the Department provided in response a request that falls outside of the Public Records Law, Ms. Morin seeks relief outside the scope of statutory authority given to the Supervisor under the Public Records Law. See G. L. c. 66, § 10(d)(iv); G. L. c. 66, § 10(d)(iii); 950 C.M.R. 32.06(4). Accordingly, I am unable to opine on this matter. Public Records Requests; Petitions to the Supervisor Please be advised that a requestor may petition the Supervisor only after a written request for access to public records has been made to the records access officer (RAO) of the governmental entity that creates or receives the records. 950 C.M.R. 32.01(1). If Ms. Morin

Steven S. Treat, Esq. SPR26/0999 Page 3 April 1, 2026 would like to obtain the records sought in her above January 13, 2026 through a public records request, she is advised that she should make a separate request for public records to the Department’s RAO. Ms. Morin may then appeal the substantive nature of the Department’s response within ninety calendar days. See 950 C.M.R. 32.08(1). Conclusion Accordingly, I will now consider this administrative appeal closed. If Ms. Morin 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. See G. L. c. 66, § 10(b). Sincerely, Manza Arthur Supervisor of Records cc: Jessica Morin