FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECSION
Helen McKee Dodge,
Complainant
against Docket
#FIC 88‑270
Commissioner, State of
Connecticut Department of Human Resources and State of Connecticut Department
of Human Resources,
Respondents October
26, 1988
The above‑captioned matter was heard as a contested
case on August 23, 1988, at which time the complainant and the respondents
appeared, stipulated to certain facts and presented testimony, exhibits and
argument on the complaint.
After consideration of the entire record, the following
facts are found:
1. The
respondents are public agencies within the meaning of §1‑18a(a), G.S.
2. Section
46a‑15(c), G.S. provides that any person having reasonable cause to
believe that an elderly person is being abused may report such information to
the Commissioner on Aging. For purposes
of the statute, "elderly person" means any resident of Connecticut
who is sixty years of age or older.
3. Section
46a‑16(a), G.S. provides that the Commissioner on Aging, upon receiving a
report of abuse, shall cause an evaluation to be made through the appropriate
regional ombudsman.
4. Section
46a‑17(a), G.S. provides that if it is determined that an elderly person
is in need of protective services, the regional ombudsman of the Department on
Aging shall refer the case to the respondent department for the provision of
necessary services.
5. The
Department on Aging, for between seven and eight years, has investigated
allegations, made by the complainant, of abuse of the complainant's mother,
Emma McKee, an elderly person.
Docket #FIC 88‑270 Page
Two
6. In
September, 1987, pursuant to §46a‑17(a), G.S., the Department on Aging
referred Emma McKee's case to the respondent department.
7. In
October, 1987, the Winsted probate court, pursuant to §§46a‑20(a) and
(c), G.S., appointed the respondent commissioner to be the conservator of the
person for Emma McKee.
8. By letter
dated June 23, 1988 the complainant made a request of the respondents for a
copy of the respondent department's complete file on Emma McKee.
9. By letter
of complaint filed with the Commission on July 6, 1988 the complainant appealed
the respondents' failure to provide the requested records.
10. It is
found that among the records in the respondents' file on Emma McKee are the
documents forwarded to the respondents by the Department on Aging's regional
ombudsman.
11. It is
found that §46a‑16(c), G.S. provides that neither the original report of
abuse of an elderly person nor the evaluation report of the regional ombudsman
shall be deemed a public record or be subject to the provisions of §1‑19,
G.S.
12. It is
concluded that the records forwarded to the respondents by the Department on
Aging's regional ombudsman are exempt from disclosure pursuant to §§46a‑16(c)
and 1‑19(a), G.S. and that, with respect to such records, the respondents
did not deny the complainant access to inspect or copy a public record within
the meaning of §§1‑15 or 1‑19(a), G.S.
13. It is
found that §17‑31u, G.S. provides that, notwithstanding the provisions of
§1‑19, G.S., the respondents shall not disclose personally identifiable
information concerning any person participating as a client in any department
program.
14. It is
found that Emma McKee participates as a client in the respondents' protective
services program.
15. It is
concluded that information in the respondents' files which is identifiable as
pertaining to Emma McKee is exempt from disclosure pursuant to §§17‑31u
and 1‑19(a), G.S.
16. It is
further concluded that the respondents' failure to provide the requested
records did not violate §§1‑15 or 1‑19(a), G.S.
Docket #FIC 88‑270 Page
Three
The following order by the Commission is hereby recommended
on the basis of the record concerning the above‑captioned complaint.
1. The
complaint is hereby dismissed.
Approved by order of the Freedom of Information
Commission at its special meeting of October 26, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission