FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Diane M. Richardson Miller,
Complainant
against Docket
#FIC 95-362
Connecticut Adoption Resource
Exchange, State of
Connecticut, Department of
Children & Families,
Respondent June 26, 1996
The above-captioned matter was heard as a contested
case on March 11, 1996, at which time the complainant and the respondent
appeared, and presented testimony, exhibits and argument on the complaint.
After consideration of the entire record, the
following facts are found and conclusions of law are reached:
1. The
respondent is a public agency within the meaning of 1-18a(a), G.S.
2. It
is found that by letter to the respondent dated August 10, 1995, the
complainant requested copies of her birth records and all foster care records
concerning her.
3. It
is found that between August 1995 and October 1995 the complainant and members
of the respondent's staff had numerous telephone conversations in an attempt to
uncover information that would be useful to the respondent in its efforts to
comply with the complainant's records request.
4. By
letter to the Commission dated October 3, 1995, the complainant alleged that
the respondent had failed and refused to provide her access to, or copies of
the requested records.
5. It
is found that on or about October 10, 1995, the respondent orally notified the
complainant of its inability to locate any of the requested records, and
advised her that her files had probably been lost.
Docket #FIC 95-362 Page
2
6. It
is found that after conducting a diligent and exhaustive search of its files,
that included cross-referencing data and names of the complainant with that of
other family members, by letter dated November 29, 1995, the respondent
officially informed the complainant of its inability to locate any file on her.
7. Regrettably
it is found that the requested records are not among the respondent's existing
files.
8. At
the hearing on this matter the respondent stated that it would assist the
complainant in her efforts to locate the requested records through the state's
juvenile court record system by sending a letter to each of the juvenile court
districts to expedite their efforts on behalf of the complainant.
9. Therefore,
it is concluded that the respondent did not violate the Freedom of Information
Act by failing to provide the requested records because unfortunately no
records concerning the complainant presently exist in the respondent's files.
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.
2. The
Commission encourages the respondent to continue operating under the best
tradition of government by assisting and working with the complainant in her
efforts to locate and obtain copies of the records that she has been
desperately seeking and to which she is certainly entitled.
Approved by Order of the
Freedom of Information Commission at its regular meeting of June 26, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95362 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:
Diane M. Richardson Miller
16 Forest Drive
Salem, CT 06420
Connecticut Adoption Resource
Exchange, State of Connecticut, Department of Children and Families
Whitehall Building 2, 2nd
floor
Undercliff Road
Meriden, CT 06450
David Dearborn
Director of Communications
Public Information Office
505 Hudson Street
Hartford, CT 06106-7107
Elizabeth A. Leifert
Acting Clerk of the Commission