FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Carole Casapulla,

 

Complainant

 

against Docket #FIC 87-339

 

Regional Director of Region 5, State of Connecticut Department of Mental Retardation

 

Respondent May 11, 1988

 

The above-captioned matter was heard as a contested case on March 29, 1988, at which time the complainant appeared, stipulated to certain facts, and presented testimony and argument on the complaint. The respondent failed to appear.

 

After consideration of the entire record, the following facts are found:

 

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

 

2. By letter dated November 9, 1987, the complainant requested the respondent provide her with copies of the following documents pertaining to her son, Frank Casapulla, Jr.:

 

a. a list of all files that have information on Frank Casapulla, Jr.;

 

b. the record of the investigation of Mark Smith for an incident that occurred on September 5, 1987;

 

c. all incident reports from October 1, 1985, to the present, including the incidents that took place on June 18, 19, 29, July 23, August 23 and September 5, 1987; and, if any such reports were missing, the complainant requested their creation;

 

d. a copy of the family members resource book, which is a companion to the family members handbook;

 

e. a computer printout of Frank Casapulla, Jr.'s personal financial account, from October 1, 1986, to the present;

 

f. all minutes of all meetings held about Frank Casapulla, Jr., including all committee meetings, such as the meetings of the Department of Mental Retardation Region 5, the

 

Docket #FIC 87-339 Page Two

 

Interdisciplinary Team, and the Programmatic Administrative Review;

 

g. all Department of Mental Retardation policies and an explanation of how they work;

 

h. a list of all counselors who work at the Wintergreen Avenue Group Home, the names of all charges there, what shifts the counselors work, and the names of counselors giving medication;

 

i. the purchase order for all of Frank Casapulla, Jr.'s winter clothes; and

 

j. all information and tests done on Frank Casapulla, Jr. from April 9, 1985, to the present;

 

3. By letter dated November 16, 1987, the respondent advised the complainant that he would have to consult with legal counsel before releasing any of the requested records to the complainant.

 

4. At the hearing, the complainant explained that she had learned the record described in paragraph 2d, above, was still being printed and that she would not pursue her request for that record at that time.

 

5. At the hearing, the complainant also declined to pursue her request for the document described in paragraph 2i, above.

 

6. It is found that the complainant has not received any of the requested records nor any further correspondence from the respondent.

 

7. It is found that the complainant is the court-appointed legal guardian of Frank Casapulla, Jr.

 

8. It is found that disclosing the requested records to Frank Casapulla, Jr.'s legal guardian would not invade his personal privacy.

 

10. It is found that the respondent violated 1-15 and 1-19(a), G.S., by not providing the complainant with the requested records.

 

Docket #FIC 87-339 Page Three

 

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

 

1. The respondent forthwith shall provide the complainant with copies of the records described in paragraphs 2a, b, c, e, f, g, h and j, above.

 

2. The respondent henceforth shall act in strict compliance with 1-15 and 1-19(a), G.S.

 

Approved by order of the Freedom of Information Commission at its regular meeting of May 11, 1988.

 

 

Catherine H. Lynch

Acting Clerk of the Commission