The Commonwealth of Massachusetts
Executive Of?ce of Health and Human Services

Department of Children and Families
Of?ce of the General Counsel
600 Washington Street, 6?1 ?oor
Boston, MA 02111
Tel (617) 748-2020 or Fax (617) 261-7428

 

ANDREW TODD ROME
DEVAL L. PATRICK General Counsel
Governor 
PATRICIA CASEY

JOHN w. POLANOWICZ Deputy General Counsel


ecrftary . CRISTINA TEDSTONE

ERIN C. DEVENEY Deputy General Counsel

Interim Commissioner

December 11, 2014

Mr. Aram Roston 
Buzzfeed News

600 Street NW

Suite 200

Washington, DC 20004

RE: Request for Information: regarding the death of a two month old infant in foster care occurring on 
January 12, 2012 

Dear Mr. Roston:

I am writing in response to your request dated November 5, 2014 for speci?cally:

1. All records concerning the death on January 12, 2012 of a two month old infant;
. The child abuse/neglect non-emergency investigation of April 9, 2012 which examined the incident;
3. A letter from DCF of?cial Kelly Buckley to Paul Cataldo of Massachusetts Mentor, re: Intake
Number 4904129, May 10, 2012 with attached Investigation Report;
4. Any letters from Mr. Cataldo to Kelly Buckley in response; and
5. Any contract records concerning ?intake number 4901429.

The records you have requested are statutorily exempt from disclosure under the Public Records Law G.L. c.
4, 7, cl. 26(a), as the death of the infant was not related to abuse or neglect. Both state and federal laws and
regulations preclude the Department from disclosing information related to a child fatality absent a ?nding of
abuse or neglect. (See G.L. c. 119, 51E, 0. c. 112, 110 CMR 12.00; 42 USC
42 USC 5106a(b)(2)(A); and 45 CFR 205.50) Additionally, these records are exempt from

 

 

 

disclosure because they are ?materials or data relating to a speci?cally named individual, the disclosure of
which may constitute an unwarranted invasion of personal privacy.? G.L. c. 4, 7, cl. 26(c).

Further, the Department does not have any records relating to correspondence between Ms. Buckley and Mr.
Cataldo, as neither are employees of the Department. 

Finally, concerning your request for contract records regarding Intake number 4904129 the Department does
not have any documents relative to the aforementioned ?as no intake with'that number exists.

You have the right under G.L. c. 66, 10(b) and 950 CMR 32.00 to appeal this decision to the Supervisor of
Public Records within ninety (90) days.

 

General unsel

pc: Cayenne Isaksen, Public Relations Director