FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Paul B. Kraus,

 

                        Complainant

 

            against              Docket #FIC 93-244

 

New England Adolescent Treatment Center,

 

                        Respondent                  January 26, 1994

 

            The above-captioned matter was heard as a contested case on November 19, 1993, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  After the hearing, the respondent delivered to the Commission two documents that the Commission on its own motion makes after-filed exhibits:

 

            a.         Respondent's Exhibit 2: a copy of a letter dated December 3, 1984 from the Internal Revenue Service to the respondent, verifying the respondent's tax-exempt status.

 

            b.         Respondent's Exhibit 3: a copy of child care facility license no. GH-14 to the respondent.

 

            After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

            1.         By letter of complaint filed July 30, 1993, the complainant appealed to the Commission, alleging that the respondent denied him access to records that mentioned him, his wife, or his son.

 

            2.         The respondent maintains that it is not a public agency within the meaning of 1-18a(a), G.S.

 

            3.         It is found that the respondent is a private non-profit entity licensed by the state as a child care facility to provide a group home program to children under 18 years of age.

 

            4.         It is concluded that the respondent does not perform a governmental function.

 

            5.         It is found that the respondent currently only serves children referred by the state department of children and families ("DCF"), and that its funding is primarily a per diem payment for children in its care from DCF.

 

Docket #FIC 93-244                           Page 2

 

            6.         It is concluded that the respondent is primarily funded indirectly by taxpayer dollars.

 

            7.         It is found that the respondent was privately incorporated.

 

            8.         It is concluded that the respondent was not created by government.

 

            9.         It is found that the respondent has an independent board of directors, and is as independent from DCF as any other psychological, psychiatric, social, or other service contract provider.

 

            10.       It is concluded that the respondent is not significantly intertwined with or regulated by the government.

 

            11.       It is therefore concluded that, on balance, the respondent is not a public agency within the meaning of 1-18a(a), G.S., and that Commission thus has no jurisdiction to decide this complaint.

 

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

 

            1.         The complaint is dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of January 26, 1994.

 

                                                                  

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission

 

Docket #FIC 93-244                           Page 3

 

PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

Mr. Paul B. Kraus

9 Old Long Ridge Road

Stamford, CT 06903-1620

 

New England Adolescent Treatment Center

c/o Mr. Thomas M. Schuch

Executive Director

New England Adolescent Treatment Center, Inc.

18 Thames Street

Groton, CT 06340

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission