State Records Committee Appeal 94-05

LINDA A. WATSON vs.

DEPARTMENT OF HUMAN SERVICES, OFFICE OF LIABILITY MANAGEMENT

DECISION AND ORDER, CASE NO. 94-05

By this appeal, Appellant seeks an order compelling the Utah Department of Human Services, Office of Liability Management to release to her records appellant described in her appeal letter of March 27, 1994 as "a full copy of Resolution Assistance Committee report on my minor children and me dated March 23 from Kerry Steadman."

Appellant appeared personally at the hearing held May 4, 1994. Appellee appeared at the hearing through Jack L. Green, Director, Office of Liability Management.

The State Records Committee, having reviewed the written materials submitted by the parties, and having heard the testimony and argument, now issues the following decision and order.

STATEMENT OF REASONS FOR DECISION

The appeal is granted in part and denied in part, Appellee to segregate matter in the records in issue under Utah Code Ann. 63-2-307.

There is some matter in the records that is properly classified as "protected" under Utah Code Ann. 63-2-304(8)(a)(b) and (d). This protected matter is identifying names and information that is described in the indicated subsections of the Utah Code. The larger portion of the record is not properly classifiable as "protected," but is releasable to Appellant as the person to whom the records pertain. Appellee is not entitled to withhold this larger portion as subject to the attorney-client privilege. The record at issue in this hearing is the report on Appellant only, and this Decision does not automatically justify release of other records of Appellee that consist of reports of the DHS Resolution Assistance Committee regarding DFS actions.

ORDER

WHEREFORE, IT IS ORDERED that appellant's appeal is granted in part and denied in part, Appellee to segregate matter in the records in issue under Utah Code Ann. 63-2-307, withholding only identifying names and information that is described in Utah Code Ann. 63-2-304(8)(a)(b) or (d).

RIGHT TO APPEAL

Either party may appeal this Decision and Order to district court. The petition for review must be filed no later than 30 days after the date of this order. The petition for judicial review must be a complaint. The complaint and the appeals process are governed by the Utah Rules of Civil Procedure and by Utah Code Ann. 63-2-404 & 502(7). The court is required to make its decision de novo. In order to protect its rights on appeal, a party may wish to seek advice from an attorney.

Entered this 9th day of May, 1994.

MAX J. EVANS,
Chair, State Records Committee