Dec: 17, 2013 whee: it may eencem: This is a request uneer the Receree Law (MEL Chapter 58? S. i weeid iike fnfermatien about eniid iinked te ebese and negieet between Jan. "ii 2G1 i and Dec. 2913, aveiiebie uneer the federai Feteiity and Near Feteiity Pubiie D?eeiesure Poiiey in infermatieng i weuid iike: ?fite cause and circumstances regareieg the Cniid feteiity er near feteiify, The age arid gender ei the chiici. informatiert desefieing any erevieue 0f eniid eeuse or neglect that are pertieeni to tie e: negieei teat: iecti e: the chiid feteiity er near fateiity. w- Ee?ermetiee deserieing any erevieue pertinent te ihe ebuee or eegieet that 2e tee area feteiity er The a? arty siren investigatiene, The services previde? by the State and actiene of the State on behalf ef the child that age pertinent it} the child abuse er negiect that led t0 the chiid fatality er near fetaiity. i eise weuie iike yet; to provide me names of chiidren who died euring that eeried who were knewn to DCF anti whose cases have eneed up in court as ebese er neglect cases, I recognize that you may charge reesenabie caste fer cepies, as weii es fer perseenei time needee te comply with this request; if yeu expect caste to exceed $10.00, piease provide a detaiied fee estimate. As you may be aware? the Pubiic Recerds Law requires yeti te previde me with a written response within it} calender days. if cannot comet}; with my request, you are statutorily required te provide an expianetiee in Visiting. Sineefeiy, Jenifer B. McK?m; New Engiand Center fer investigative Repeirting 01:23 WGBH Newe! ?i Guest 8t, Sestee, MA {32335 Seii: 315~435~53m A . The Commonwealth of Massachusetts Executive Of?ce of Health and Human Services Department of Children and Families Central Of?ce Of?ce of the General Counsel 600 Washington Street, Boston, Massachusetts 02111 Phone: (617) 748-2020 0 Fax: (617) 261-7428 DEVAL L. PATRICK Governor 0 JOHN W. POLANOWICZ Secretary 0 OLGA I. ROCHE Commissioner VIRGINIA APEEL General Counsel February 28, 2014 Jennifer B. McKim New England Center for Investigative Reporting WGBH News 1 Guest Street Boston, MA 02135 Re: Public Record Requests (dated December 17, 2013 and'revised January 27, 2014) -- Information on child deaths as a result of abuse or neglect between January 1, 2013 and December 31, 2013, available under the federal Fatality and Near Fatality Public Disclosure Policy. Included information: a) The cause and circumstances regarding the child fatality; b) the age and gender of the child; c) information describing any previous reports of child abuse or neglect that are pertinent to the abuse or neglect that led to the child fatality; d) information describing any previous investigation pertinent to the abuse or neglect that led to the child fatality; e) the result of any such investigations; f) the services provided by the State and actions of the state on behalf the child that are pertinent to the child abuse or neglect that led to the child fatality; g) I also would like you to provide me names of all children who died during that period who were known to DCF and whose cases have ended up in court as abuse or neglect cases. Dear Ms. McKirn: This letter is in reference to your public records request of December 17, 2013, referenced above. The Department of Children and Families (DCF) has estimated Supporting Children - Strengthening Families that it will cast appmximately $2,023,80 to complete yet; records request. Thie eetimate is based on the hourly rate 91? the lowest-paid employee capable of perferming the task; which is $36.19 fer a paralegal, This estimate includes costs fer the foiiewing: ?v A prorated fee fer performing a search fer requested memes: approximately 1? hours $5?i3; ?r A prorated fee fer eegregaiieg exempt infoimaiion from Gen-exempt information which is centeihed in a requested recerd and redactieg exempt infoimatien; appreximeteiy 58 hours or $1510: In this informatien! staff will be reviewing individual cases in emer te extreet the relevei'ii infermeiion {e request, which will be a timew?eteneive te ensure that infeimation provided is accurate, Staff will else {eqeire time he redaet exempt iefermetioe. Please send payment far this request by making 3 Check out to the Commonwealth 01? Massachusetts and marking it far my attention, Upon receipt of your payment, DCF will begin precessieg your request. Sincerelyu? x/ if? Virginia A Peel Couneei CC: Cayenne leakeen, Public Reiations Director To the Supervisor of Records: On behalf of the New England Center for Investigative Reporting a nonprofit journalism center based out of Boston University and WGBH, I hereby appeal an excessive cost estimate provided to NECIR by the Department of Children and in response to our request for information about children who have died of abuse or neglect while receiving services from the Commonwealth. In December 2013, Li requested certain information concerning child fataiities and near~fatalities from abuse or neglect, as reflected in the attached request letter, On January 27, 2014, after discussion with DCF, I narrowed the request to fataiities only, and limited my request to only one year of data, calendar 2013, On February 28, 2014, DCF stated that it has estimated that it will cost $2,023 to comply with the Public Records Act request, The estimate states that a DCF paralegal would need 17 hours to ?search? for the requested records, and 50 hours to segregate exempt and non-exempt information. The information I have requested is information that federai law requires the Commonwealth to make available as a condition of receiving federai funds under the Child Abuse Prevention and Adoption and Treatment and Adoption Reform law, 42 sec, 5106a. Specifically, under CAPTA, the Commonwealth must certify that it has ?provisions which allow for pubiic disclosure of the findings or information about the case of chiid abuse or neglect which has resulted in a child fatality or near fatality.? 42 sec. 5106a(b)(2)(8)(x). The cost DCF seeks to impose constitotes a significant barrier to obtaining CAPTAwreooired information, and for a small nonprofit oars, is tantamount to a denial, assertion that it needs beers even to identity the case of chiidren asho- haee died of negiect in 2813 is deepiy troobiing, SCE has an obiioation to see its soperior oi its to oasis-is saith the pooiic records act, it its earn tiies are not seat is a roses-er that the ready oi soch ci?riticaiisr importaoi: ioioroiatiori as anion coiidren ease died at oegiect on acre estate, a reooestiog entity like NECIR should not be required to foot the bill. Moreover, estimate of 50 hours to segregate exempt and non?exempt information is both excessive and improper; where DCF has not even identified an exemption to the public records act that would allow such segregation in the first place. excessive cost estimate is contrary to both the Public Records Act and the public interest; We look forward to hearing from you! Sincerely yours, Jenifer McKim Ce: Jeffrey J: Pyle; Esqt The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor afRemrd; April 03, 2014 Ms. Jenifer B. McKim New England Center for Investigative Repozting WGBH News 1 Guest Street Boston, MA 02135 Dear Ms. McKim: have received your letter appealing the reSponse of the Department of Children and Families to your request for records. I have directed a member of my staff, Attomey Donald White, to review this matter. Upon completion ofthe review, I will advise you in writing ofthe disposition ofthis case. if in the interim you receive a satisfactory response to your request, please notify this office immediately. Any further correspondence concerning this speci?c appeal should refer to the SPR case numbei listed under the date ofthis letter. Very truly yours, Shawn A. Williams Supervisor of Records cc: Ms. Cayenne lsaksen One Place, Room 1719, Boston, Massachusetts 02108 - (617) 727J2832 - Fax (617) 7275914 The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofRecom'r April 29, 2014 Ms. Jenifer B. McKim New England Center for Investigative Reporting WGBH News 1 Guest Street Boston, MA 02135 Dear Ms. McKim: This of?ce has received your petition appealing the response of the Department of Children and Families (Department) to your January 27, 2014 revised request for public records. G. L. c. 66, 10(b); see alsg 950 C.M.R. 3208(6). Speci?cally, you requested records relating to child deaths as a result of abuse or neglect for the period of January 1, 2013 through December 31, 2013. in a February 28, 2014 response letter, Department General Counsel Virginia A. Peel provided you with a fee estimate for the cost to be incurred in complying with your request. in its response, the Department failed to satisfy its burden with respect to the timeliness requirement of the Public Records Law. A request for public records must be met with a written response within ten (10) calendar days ofthe request. gee: G. L. c. 66, 10(b); 950 C.M.R. 32.05. (36 Estimate A custodian of records may assess a reasonable fee for complying with a request for public records. The fees charged are established by the Public Access Regulations (Regulations). 950 C.M.R. 32.06. The Department determined that it will take approximately 17 hours to search for and identify responsive records, and another 50 hours to review and segregate exempt information from nonsexempt information from the requested records. The Department estimated that at the $30.19 hourly rate of a paralegal, it will incur a cost to provide you with copies of records responsive to your request. One Ashburton Place, Room 1719, Boston, Massachusetts 02l08 (617) 7272832 Fax (617) 727d59l4 Eeeifer 8. Me?im SPRMEIZS Page Twe 2i}: 2&4 ii} an ?ee? if}, 2am wiih 213:?: a?emey my etef? Genemi Fee} pieeided fee {he Depa?menfe fee eeiimaEe Cemeei ?3eeE een?g?med thei the Depar?mem dees: pred'uee repez?t ef {953;ng frem Child ebuee e: eegleet. the Depaz?tmem?g repe? Eege abeui {we yeere beh?mi when these a result: the Depeetmen? is; eurreniiy puttieg :ege??ahe? {beige reperig fer {he years; if 2.03 I and .2012. ie Peel} ?here is; a detaileii that is; required ie ?es; The Depa?meei: dew} end ezziepgfg yepeme {fem e??eer gaze that are mt urge! meeibg afier {he 3e The {Eepar'smem analyzes {epez?ts' t0 determiae whe?her the exigie that either abuee er neglect was a factor. If the Depa?mem de?egm?eeg ifhat Ehis; pegei?a?lity 111233; eXiSt, i3: further analygie eases. With t0 the 2013 repert, the Deparimem has; no: the ?em eiher Siete that is, required to p'x'edeetiee eftbe fee-em, if: erdee 10 provide yet; with {he requeeted iefez?mei?em Genera? Ceeneei 'PeeE mat the Deparimem weuld need te review every available cage i1": erdei? t0 {ieiermme Whieh iefermeiien may be .{eepensi?ee te year request. Conneei Peel elect iee??eeied {hat yea have reqeegted signi?cantly mere detailed infei?meiien regarding; thege eagee {hen eimpiy identifying the actual cages. i3; my ?nding the: the Sepa?ment has; a reasenabie ?ee eeiimeie based en {he e?f?ihe requeet and ef {espensive infermatien. i Wil? rel}; e17: Generai Pee-1?5 efthe effert reqeired 1:0 previde yea with eepiee ef fee-ewe? 335:3: Keneve? Mei?em. Planeine Bde efAuburm 32 app. Ci"- 3 3253 {?he gti?eeg ea: publ?e ef?e?z?. will perfei?e?: gee; will peepefiy {he de?es: efh?e ef?ee tie the pubiie inieregi}. tee Deeairimem keg: pi?evided a fee esemeie made in eempi?gmee ?ege?et?eea {hie azim?e?eiraziee appeal A 25 3' e5 gee child fatalities Mckim, Jenifer Sent: Frieey, May 2614 12:5? PM Yo: leaksen, Cayenne {cayenne.isaksen@etate.maius} (Q8 KB) Hi Cayenne; We recently received a respoase from the Secretary at State about ear eppeai ef the tests for the pubtic recorde request reiated t0 shite fataiities, which I am attaching to this emeit. In it the Supervise: of Recordg said that 2013 reperts weeld be particutarly ceetly because that wart hasrft been done yet and Staff aiready is coiiecting reports fer 203.1 and 2012* We weeid Eike te knew how meet: yet; weetci thetge te get e3 the :eperts aimed}: ce?iectet? fer 254369 em! 263m e5 we? as were far 263.1 are? 26:23 It makes Sense if it if takes iess time, we?li be ebie te get it and ee charged lesst At the same time, we are hoping yea woefd censider cutting in hat? the cost of the work fer 2013 larger because we are nonpre?t news center and this informatien is euppesed ts be publicly availebie. P%eese feet as knew as men as you {2311? Thie precess has dtagged on far so tong and we would fave to move femard? Thank yeut Jenifer B. McKim Assistant Managing Editer Senier Investigative Reperter New Engiand Center fer Investigative Reporting A ce?abetetien with WGBH and Besth Un?ve55?ty jmckim?beede C: 3184336376 W: 61175092385 From: Eager}; Sent: gr?day, Me? 2133.4 3:13 ?ckimg Eeeite? Se?ject: it? Get ee eete: teete tie e3; egef e? The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Children and Families Central Of?ce Of?ce of the General Counsel 600 Washington Street, Boston, Massachusetts 021 I Phone: (617) 748-2020 0 Fax: (617) 261?7423 DEVAL L. PATRECK Governor 0 JOHN W. POLANOWICZ Secretary 6 C. DEVENEY interim Commissioner 9 ANDREW TODD ROME (lateral Counsel July 30, 2014 Jennifer B. McKim New England Center for Investigative Reporting WGBH News 1 Guest Street Boston, MA 02135 Re: Public Record Requests (dated December 17, 2013, revised in January 27, 2014 and again on May 16, 2014) - Information on child deaths as a result of abuse or neglect in 2009-2013 available under the federal Fatality and Near Fatality Public Disclosure Policy. included information: a) The cause and circumstances regarding the child fatality or near fatality; b) the age and gender of the child; c) information describing any previous reports of child abuse or neglect that are pertinent to the abuse or neglect that led to the child fatality or near fatality; (1) information describing any previous investigation pertinent to the abuse or neglect that led to the child fatality or near fatality; e) the result of any such investigations; f) the services provided by the State and actions of the state on behalf the child that are pertinent to the child abuse or neglect that led to the child fatality or near fatality; g) I also would like you to provide me names of all children who died during that period who were known to DCF and whose cases have ended up in court as abuse or neglect cases. Dear Ms. McKim: This letter is in reference to your public records request of December 17, 2013 and revised on May 16, 2014 referenced above. The Department of Children and Families (DCF) has estimated that it will cost approximately $4468.00 to complete Supporting- Children - Strengthening Families r. yea; [9&0de reqaeat. This aa?mate is base? {m tha ?gu?y {ate a? the Iawest-paid emglayee gamma of gafformiag Em ta?k; which ?3 $39a19 far a garaiega?, This estimat? Encimgs casts the witaw?ag: a A gamma fee: f9? pemrming a march f9? {?qaaste? apgmximatesy 25 hams $755; a? A pmr'aied 23% is: segfagati?g ammga? i??fermatian mm mwemmpt iafsrma??m?a whim is camaiaed ?11 a {eqaasied arid redaciiag exemng iafmmaiim; aggamximataly 123 Emma in this Eafm?maticm giaff wi? be rev?awi?g i?dWi?BaE (33333 if? er?er to extract the Wigwam: i?fmma?m parsiga?t 1% which wig be a time-Enieagiya wwasg is aware 231$ imarmatis? pmvi?a? i3 ass-gram Staff WEE a?m geqaire times: mm examgst The {Eaparimeai is. w: abie ti} {swing the ms? this; {nggt 9:13am 9331mm fag" th?s: ra-azsast ?y maki?g a {shack am: is tha cf Magma-Ma?a and magkigzg ii far my a?eni?ank Lima reca?pt {3f yam payment, BCF begin pracessing yaw {awash I I aw it? R?i??a Ge?erai Came! as: {iayaame l?akgaag ggiai?ms public recards appeal Mei-(Em, Jenifer Sentz'i'eursday, April 23, 2015 3:82 PM Te: brieemmiffiesecetetemaes Heiie Brier}, Hope yea are weii. I?m suereitting an appeal t0 you of a rejectien of part of a pebiie rewards reqeest we ?ied in Decembei; 2313, that recently has been mmpletedi. as yet; may remembei; we reqeested under the federei Child abuse and ereveetiee get infas?metiee related t0 child 2909 and 2813. in iefeimetiee, we reques?ee: The cause aed circumstances regarding the ee?id or nee: fetaiity. The age aed 963(183? of the mm. m? describing previous child abuse or neglect that are pertinent {e the abuse a: neg?ect {hat led {e the Child fazaiity 03? near fatality lnfomaiien deseribieg previous ievestigaticne pertinent to the er negiect {he led :9 the child fata?ty near fataiity. - The result ei any such investigatiees. The sewiees provided by the State and actione 0f the State on behalf of the ehiid that we pertinent ie the Child abuse neglect that ied t0 the child fatality or near fatality. Afteg' paying $4,508 last summer, we have receivers} in batches since January information related ta 1:0 iefants and children who died of abuse anti neglect. We are appealing a decision by the state Depaitment 0f Chiidren and Families to: limit ?infermatien deseribieg any erevieus investigations? in only substantiated efiegat?ons of abuse and neglect, We eederstaed and believe that unsebetantiated reperts ALSG censtitute "infermat?enf whether 01* net DCF thinks they are Supperted. Fu?nermefe, new can the public lean: aheet child ?eaths te prevent them in the fui?mre if we can?: determine which eesee were sent to the state fer review are rejected? ee by eeli at er e31 emeii a: fer meek yee, ieeifee Si Melee?: Tee?eei? ?ee? {er C: e5: