Office of the Director 500 Summer St. NE, E-15 Salem, OR 97301-1097 Voice: 503-945-5600 Fax: 503-581-6198 My 5? 2017 TTY: 503-945?5896 VIA EMAIL: lkamb@seattletimes.com Kate Brown, Governor I Department of Human Services Mr. Lewis Kamb The Seattle Times 1000 Denny Way Seattle, WA 98109 RE: Public Records Request Appeal Dear Mr. Kamb: On May 26, 2017 you contacted the Department of Human Services (DHS) to appeal redactions made in response to your April 13, 2017 public records request and to compel DHS to disclose additional records to you under Oregon?s Public Records Law. Your petition relates speci?cally to the following records requests: 0 Copies of all records involving a 1984 investigation into Jeffrey David Simpson?s allegation that he was sexually abused by Edward B. Murray, his foster father; and 0 Copies of records regarding former foster parent Edward B. Murray. DHS reviewed your letter and has reconsidered its decision to exempt information from disclosure. The Public Records Law confers a right to inspect any public records of a public body in Oregon, subject to certain express exemptions and limitations. See ORS 192.420. Any person who is denied the right to inspect or to receive a copy of any public record of a state agency may either appeal to DHS directly or petition the Attorney General to review the record and determine if it may be withheld. ORS ?Assisting People to Become Independent, Healthy and Safe? Mr. Lewis Kamb July 5, 2017 Page 2 of 3 ORS 192.495 provides that public records more than 25 years old shall be available for inspection, unless one of the exemptions in ORS 192.496 applies. DHS has determined that the exemptions in ORS 192.496 do not apply. To the extent records are not prohibited from disclosure by federal or state law, those records have been provided. ORS provides: Notwithstanding the provisions of ORS 129.001 to 192.170, 192.210 to 192.505 and 192.610 to 192.810 relating to con?dentiality and accessibility for public inspection of public records and public documents, reports and records compiled under the provisions of ORS 419B.010 to 4193050 [the Child Abuse Reporting Law], are con?dential and may not be disclosed except as provided in this section. Under ORS DHS may disclose records compiled under the Child Abuse Reporting Law if it determines that disclosure treats or prevents abuse and neglect and/or protects children from abuse and neglect. Even if disclosure is authorized, identifying information about the reporter of child abuse is con?dential and may not be disclosed. Your request for DHS to reconsider its determination claimed, in part, that records involving a sexual abuse investigation are not exempt from disclosure because disclosure is necessary to prevent child abuse or neglect or to protect children from abuse or neglect. Because Mr. Murray is a public of?cial, accusations of child sexual abuse are a matter of public concern. Based on the information you provided, DHS has determined it is reasonable to exercise its discretion to disclose additional information to you to protect children from abuse and neglect. DHS has only provided the information that you requested about Mr. Simpson?s accusation that he was sexually abused by Mr. Murray. In addition, in exercising its discretion, DHS has exempted information in the records compiled pursuant to the Child Abuse Reporting Law that is not necessary to the purpose for disclosure. ORS prohibits DHS from disclosing an individual?s Social Security number. To the extent the records requested contain the Social Security number of an individual, that information is exempt from disclosure. Mr. Lewis Kamb July 5, 2017 Page 3 of3 Pursuant to ORS 192.5 05, DHS has redacted or removed from the records any material that is exempt from disclosure. The remaining records that you requested have been provided. Sincerely, \(Nw ?Rik Caroline Burnell Public Affairs Of?ce Department of Human Services