FREEDOM OF INFORMATION COMMISSION |
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In the Matter of a Complaint by | FINAL DECISION | ||
Tracy A. Marlow, | |||
Complainants | |||
against | Docket #FIC 1997-296 | ||
State of Connecticut,
Department of Public Health, |
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Respondents | May 27, 1998 |
The above-captioned matter was heard as a contested case on December 9, 1997, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. The case caption was modified with respect to the respondent from Communications Office, State of Connecticut, Department of Public Health to State of Connecticut, Department of Public Health. 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(1), G.S.
2. It is found that by letter dated September 5, 1997, the complainant requested that the respondent provide him with a copy of all records, wherever located, relating to any investigation conducted by the respondent concerning the Childcare Center of Stamford, Inc. and/or any of its employees (hereinafter requested records).
3. It is found that by letter dated September 9, 1997, the respondents communications office acknowledged receipt of the complainants September 5, 1997 request but did not provide the complainant with any records at that time.
4. Having failed to receive the requested records, the complainant, by letter dated September 15, 1997 and filed on September 17, 1997, and supplemented by letter dated October 7, 1997 and filed on October 10, 1997, appealed to the Commission alleging that the respondent violated the Freedom of Information Act by denying him a copy of the requested records.
5. It is found that the respondent maintains records that are responsive to the complainants request and such records are public records within the meaning of §1- 18a(5) and §1-19(a), G.S.
6. It is found that by letter dated September 30, 1997, the respondent provided the complainant with thirty pages of records responsive to his request. These records constitute complaint records pertaining to issues other than child abuse or neglect. The respondent minimally redacted personally identifiable information from portions of such records.
7. In addition, it is found that the respondent has not disclosed to the complainant records of two complaints, which records were reviewed in camera following the hearing on this matter (hereinafter in camera records or in camera records IC#1997-296-1 through IC#1997-296-39, inclusive). The in camera records constitute complaint records pertaining to issues of child abuse or neglect.
8. The records at issue in this case are those described in paragraphs 6 and 7, above. The respondent contends that the redactions, described in paragraph 6, above, and the in camera records, described in paragraph 7, above, are exempt from disclosure pursuant to §§1-19(a) G.S.; 17a-101k, G.S., as amended by P.A. 97-319, §16; 19a-87a(d), G.S.; 19a-87e(e), G.S.; and P.A. 97-259, §9.
9. Section 1-19(a), G.S., in relevant part, provides:
Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to inspect such records promptly during regular office or business hours or to receive a copy of such records in accordance with the provisions of section 1-15.
10. Section 17a-101k, G.S., as amended by P.A. 97-319, §16, in relevant part, provides:
information relative to child abuse, wherever located, shall be confidential subject to such statutes and regulations governing their use and access as shall conform to the requirements of federal law or regulations. [Emphasis added.]
11. Sections 19a-87a(d) and 19a-87e(e), G.S., provide that any person having reasonable cause to believe that a child day care center, group day care home or a family day care home is operating without a current and valid license or in violation of regulations or in a manner which may pose a potential danger to the health, welfare and safety of a child receiving child day care services, may report such information to the Department of Public Health.
12. Sections 19a-87a(d) and 19a-87e(e), G.S., further provide:
The department [of Public Health] shall investigate any report or complaint received . The name of the person making the report or complaint shall not be disclosed unless (1) such person consents to such disclosure, (2) a judicial or administrative proceeding results therefrom or (3) a license action pursuant to subsection (a) of this section results therefrom. All records obtained by the department in connection with any such investigation shall not be subject to the provisions of section 1-19 for a period of thirty days from the date of the petition or other event initiating such investigation, or until such time as the investigation is terminated pursuant to a withdrawal or other informal disposition or until a hearing is convened pursuant to chapter 54, whichever is earlier .[Emphasis added.]
13. P.A. 97-259, §9, in relevant part, provides:
the Commissioner of Children and Families shall notify the Commissioner of Public Health of all information concerning substantiated complaints of incidents of abuse or neglect which have occurred at any licensed day care facility . The Commissioner of Public Health shall compile a listing of the information and of complaints received and substantiated by the Department of Public Health concerning a licensed day care facility during the prior three-year period. The Commissioner of Public Health shall disclose information contained in the listing to any person who requests it, provided the information does not identify children, families, staff members or employees of any licensed facility or any person residing in the household of a person licensed under section 19a-87b of the general statutes. [Emphasis added.]
14. It is found that all of the records at issue constitute records obtained by the respondent in connection with investigations of reports or complaints, within the meaning of §§19a-87a(d) and 19a-87e(e), G.S.
15. It is also found that pursuant to §§19a-87a(d) and 19a-87e(e), G.S., the maximum thirty day time period allowed for nondisclosure of all of the records at issue has expired.
16. It is also found that in camera records IC#1997-296-1 through IC#1997-296- 25, inclusive, constitute records of a substantiated complaint of child abuse or neglect within the meaning of P.A. 97-259, §9 and therefore, the identities of children, families, staff members or employees of any licensed facility or any person residing in the household of a person licensed under section 19a-87b of the general statutes are not subject to public disclosure.
17. It is also found that in camera records IC#1997-296-26 through IC#1997-296- 39, inclusive, constitute records of an unsubstantiated complaint of child abuse or neglect.
18. It is concluded that with respect to the redacted records disclosed to the complainant and described in paragraph 6 of the findings, above, the respondent did not violate §§1-15(a) and 1-19(a), G.S., by redacting the identities of the person making the report or complaint by virtue of §§19a-87a(d) and 19a-87e(e), G.S., and the Commission declines to order the disclosure of the identities of the children and parents involved. However, it is concluded that the respondent violated §§1-15(a) and 1-19(a), G.S., by failing to provide the complainant with a copy of such redacted records promptly, within the meaning of §§1-15(a) and 1-19(a), G.S., and within the time periods permitted by §§19a-87a(d) and 19a-87e(e), G.S.
19. It is further concluded that §§19a-87a(d), 19a-87e(e), G.S., and P.A. 97-259, §9, are the types of statutes referred to in §17a-101k, G.S., as amended by P.A. 97-319, §16, as governing access to information relative to child abuse wherever located.
20. Accordingly, §§19a-87a(d), 19a-87e(e), G.S., and P.A. 97-259, §9, must be read in conjunction with one another.
21. In reading §§19a-87a(d), 19a-87e(e), G.S., and P.A. 97-259, §9, together, it is concluded that with respect to the substantiated complaint of abuse or neglect, described as in camera records IC#1997-296-1 through IC#1997-296-25, the respondent violated §§1-15(a) and 1-19(a), G.S., by failing to provide the complainant with a copy of all such records promptly, within the meaning of §§1-15(a) and 1-19(a), G.S., with the identities of the following persons redacted: the name of the person making the report or complaint, children, families, staff members or employees of the facility or any person residing in the household of a person licensed under section 19a-87b, G.S., and failing to provide the complainant with a copy of such redacted records within the time periods permitted by §§19a-87a(d) and 19a-87e(e), G.S. With respect to the unsubstantiated complaint of abuse or neglect, described as in camera records IC#1997-296-26 through IC#1997-296-39, it is further concluded that such records do not fall within the purview of P.A. 97-259, §9. Therefore, such records fall within §§19a-87a(d) and 19a-87e(e), G.S., and should have been disclosed once the maximum time period allowed for nondisclosure expired. It is therefore, concluded that with respect to those records, the respondent violated §§1-15(a) and 1-19(a), G.S., by failing to provide the complainant with a copy of all such records promptly, within the meaning of §§1-15(a) and 1-19(a), G.S., with the identities of the person making the report or complaint redacted. The Commission in its discretion declines to order the disclosure of the identities of the children and parents involved.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The respondent shall forthwith provide the complainant with a copy of in camera records IC#1997-296-1 through IC#1997-296-25, inclusive, with the following redactions only: the names, telephone numbers, addresses, social security numbers, dates of birth and photographs of the person making the report or complaint, children, families, staff members or employees of the facility or any person residing in the household of a person licensed under §19a-87b, G.S.
2. The respondent shall forthwith provide the complainant with a copy of in camera records IC#1997-296-26 through IC#1997-296-39, inclusive, with the following redactions only: the name of the person making the report or complaint, identities of children and parents.
3. Henceforth the respondent shall strictly comply with the promptness provisions of §§1-15(a) and 1-19(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of May 27, 1998.
_________________________ Doris V. Luetjen Acting Clerk of the Commission
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:
Tracy A. Marlow 3 West End Avenue Old Greenwich, CT 06870-1640
State of Connecticut, Department of Public Health c/o Atty. Peter L. Brown Assistant Attorney General 55 Elm Street - P.O. Box 120 Hartford, CT 06206-1774
State of Connecticut, Department of Children and Families c/o Atty. Patricia E. Naktenis Assistant Attorney General MacKenzie Hall 110 Sherman Street Hartford, CT 06105
__________________________ Doris V. Luetjen Acting Clerk of the Commission
FIC1997-296/FD/tcg/05291998