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