FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

George and Cynthia Korhonen,

 

                                Complainants

 

                against                   Docket #FIC 95-121

 

State of Connecticut, Department of Children and Families,

 

                                Respondent                          March 27, 1996

 

                The above-captioned matter was heard as a contested case on October 26, 1995, at which time the complainants appeared and presented exhibits and argument on the complaint, but the respondent failed to appear.

 

                On November 21, 1995, the undersigned hearing officer submitted a report which was to be considered by the Commission at its December 13, 1995 meeting, but instead was withdrawn at that meeting.

 

                After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

                1.  The respondent is a public agency within the meaning of 1-18a(a), G.S.

 

                2.  By letter dated March 9, 1995 and received by the respondent on March 13, 1995, the complainants requested that the respondent provide them with a copy of its entire investigation file concerning case #N7182-000, including, but not limited to, the original complaint, witness interviews and witness statements.

 

                3.  By letter dated April 11, 1995, and filed on April 13, 1995, the complainants appealed to the Commission and alleged that the respondent failed to comply with their request.

 

                4.  It is found that the respondent investigated an allegation of child abuse made against the complainants and that the respondent maintains a file of such investigation, known as case #N7182-000 (hereinafter "investigation file").

 

                5.  It is found that the investigation file is a public record within the meaning of 1-18a(d) and 1-19(a), G.S.

 

#FIC 95-121                                           Page 2

 

                6.  It is found that under cover letter dated May 5, 1995, the respondent provided the complainants with the following documents from its investigation file:  1) An eight page data collection/reporting form, partially redacted; 2) a four page risk assessment evaluation; and 3) forms signed by each of the complainants authorizing the release of such information to their attorneys.

 

                7.  The complainants contend that the records provided, as described in paragraph 6, above, do not constitute the respondent's entire investigation file, and they are still seeking:  the identity of the individual(s) who lodged the complaint against them with the respondent; the original complaint; any witness statements or interviews; and unredacted copies of the records which have already been provided.

 

                8.  The respondent maintains that the requested records are exempt from disclosure under the Freedom of Information Act pursuant to 17a-28(b), G.S., and that the access provided to the complainants was pursuant to 17a-28(j), G.S.

 

                9.  Section 17a-28(b), G.S., provides, in relevant part:

 

                "Notwithstanding the provisions of 1-19, 1-19a or 1-19b, records maintained by the department [of children and families] shall be confidential and shall not be disclosed."

 

                10.  It is concluded that the requested records are exempt from disclosure pursuant to 17a-28(b), G.S.

 

                11.  Section 17a-28(j), G.S., provides in relevant part:

 

                "In addition to the right of access provided in 1-19, any person, regardless of his age, his authorized representative or attorney shall have the right of access to any records made, maintained or kept on file by the department ... when those records pertain to or contain information or materials concerning the person seeking access thereto. ..." [Emphasis added.]

 

                12.  In the Commission's contested cases dockets #FIC 93-243, Paul B. Kraus v. State of Connecticut, Department of Children and Families, and #FIC 90-289, Raymond H. and Elaine M.J. Grandmaison v. Department of Children and Youth Services, the Commission concluded, with respect to 17a-28(j), G.S., that it was without jurisdiction to enforce rights of access created by statutes other than the FOI Act.

 

#FIC 95-121                                           Page 3

 

                13.  It is therefore concluded that the Commission lacks jurisdiction to order disclosure of those records identified in paragraph 7, above, pursuant to 17a-28(j), G.S.

 

                The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

                1.  The complaint is hereby dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of March 27, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-121                                             Page 4

 

PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

George and Cynthia Korhonen

c/o Jeffrey L. Ment, Esq.

Rome, McGuigan, Hoberman,

 Sabanosh & Kebanoff, P.C.

One State Street

Hartford, CT 06103-3101

 

State of Connecticut, Department of Children and Families

c/o Kristine D. Ragaglia, Esq.

Assistant Attorney General

110 Sherman Street

Hartford, CT 06105

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission