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