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The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Children and Families

The Commonwealth of Massachusetts

Executive Office of Health and Human Services Department of Children and Families Office of the General Counsel 600 Washington Street, 6 th floor Boston, MA 02111

Tel (617) 748-2065

Fax (617) 261-7428

CHARLES D. BAKER Governor

ANDREW TODD ROME General Counsel

KARYN E. POLITO

PATRICIA CASEY

Lieutenant Governor

Deputy General Counsel

MARYLOU SUDDERS

CRISTINA TEDSTONE

Secretary

Deputy General Counsel

LINDA S. SPEARS Commissioner

THOMAS WEIERMAN Deputy General Counsel

Via e-mail

June 26, 2017

Ms. Stephanie Leydon WGBH News Stephanie_Leydon@wgbh.org

Re: Public Records Request Received on June 9, 2017 – Data on “hotline” placement for years 2013 to

2017

Dear Ms. Leydon:

The Commonwealth of Massachusetts, Department of Children and Families (“DCF”), hereby responds to the above referenced public records request (“PRR”), received on June 9, 2017 where you seek the following:

  • 1. “How many children were placed in 'hotline' foster homes for the years 2013, 2014, 2015, 2016 and 2017 (or as many of those years for which available data exists).” 2. “Of the children placed in hotline foster homes, how many were placed in hotlines homes more than once for the years 2013, 2014, 2015,2016 and 2017 (or as many of those years for which available data exists).”

Parts 1 and 2 of Request: DCF does not have a report that contains the information that you seek. An agency is not required to create a new record in order to respond to a public records request. G.L. c. 66, § 6A(d). See G.L. c. 4, § 7, cl. 26; See id. (defining “public records” as materials which have already been “made or received” by a public entity); see also 32 Op. Att’y Gen. 157, 165 (May 18, 1977) (custodian is not obliged to create a record in response to a request for information).

While DCF does not possess a report that contains information responsive to your request, DCF has provided the following chart with placement stability data that you might find useful:

Ms. Stephanie Leydon WGBH News Stephanie_Leydon@wgbh.org June 26, 2017 Page 2

The Percentage (%) of Children with 2 or Fewer Placements in 12 Months

For the 12 month period ending December 31, 2013

79.8%

For the 12 month period ending December 31, 2014

74.9%

For the 12 month period ending December 31, 2015

73.8%

For the 12 month period ending December 31, 2016

69.2%

DCF reserves the right to retrieve any exempted, privileged, or otherwise protected materials inadvertently included in this production. Any such production is not, and shall not be considered or deemed, a waiver of any applicable privileges or protections from disclosure.

DCF now considers this PRR closed.

Should you have any questions, please do not hesitate to contact me.

If you believe DCF has violated G.L. c. 66, § 10, pursuant to G.L. c. 66, § 10A, you may submit an appeal to the Supervisor of Public Records in the Office of the Secretary of the Commonwealth or seek judicial review by commencing a civil action in Suffolk Superior Court.

Sincerely,

Ms. Stephanie Leydon WGBH News Stephanie_Leydon@wgbh.org June 26, 2017 Page 2 The Percentage (%) of Children

_________________________________________ Adelaida P. Jasperse, Primary Records Access Officer Assistant General Counsel