State Records Committee Appeal Decision 2021-20

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

SANDRA GUZMAN-OCHOA, Petitioner, v.

UTAH DIVISION OF CHILD AND FAMILY SERVICES, Respondent.

DECISION AND ORDER

Case No. 21-20

By this appeal, Petitioner, Sandra Guzman-Ochoa, seeks access to records allegedly held by Respondent, the Utah Division of Child and Family Services.

FACTS

On September 10, 2020, Ms. Guzman-Ochoa made a records request pursuant to the Government Records Access and Management Act (“GRAMA”). Ms. Guzman-Ochoa requested a copy of a 2020 case report and an earlier 2014 case report from Respondent. Both of the case reports involved Ms. Guzman-Ochoa or a member of her family. On September 14, 2020, Ms. Guzman-Ochoa submitted a Request for Internal Review and for Administrative Hearing. Also on September 14, 2020, Ms. Guzman-Ochoa’s legal counsel filed a GRAMA request for Respondent “[to] release the CJC [Children’s Justice Center] interview for attorney review.”

In a letter dated September 22, 2020, Respondent informed Ms. Guzman-Ochoa that her records request was denied in full, stating that the 2014 case report should not be released because it was without merit. For the 2020 case report, Respondent denied the request pursuant to Utah Code § 63G-2-305, finding that the report should be classified as a protected document.

On October 19, 2020, Ms. Guzman-Ochoa appealed Respondent’s decision to Respondent’s Chief Administrative Officer (“CAO”). In a letter dated October 21, 2020, the CAO upheld the Respondent’s decision. On or around October 2020, Ms. Guzman-Ochoa also argued these same records requests before the Fourth District Juvenile Court. On November 25, 2020, the Court issued an order releasing the Children’s Justice Center (“CJC”) interview to Ms. Guzman-Ochoa’s counsel.

Ms. Guzman-Ochoa filed an appeal of the CAO’s denial with the State Records Committee (“Committee”). On March 11, 2020, the Committee held a hearing during which the parties were allowed to participate electronically and present their arguments. See, Guzman-Ochoa v. Utah Div. of Child & Family Serv., State Records Committee Case No. 21-13 (March 22, 2021). At that hearing, the Committee ordered that the hearing should be continued. Id. On April 8, 2021, the Committee again held an electronic hearing, and after carefully considering the requested relief of the parties, the Committee issues the following Decision and Order.

STATEMENT OF REASONS FOR DECISION

1. GRAMA specifies that “all records are public unless otherwise expressly provided by statute.” Utah Code § 63G-2-201(2). Records that are not public are designated as either “private,” “protected,” or “controlled.” See, Utah Code §§ 63G-2-302, -303, -304 and -305. The definition of a “record” under GRAMA is found in Utah Code § 63G-2-103(22).

2. A record contained in the Management Information System, created in Utah Code § 62A-4a-1003, that is found to unsubstantiated, unsupported, or without merit, may not be disclosed to any person except the person who is alleged in the report to be a perpetrator of abuse, neglect, or dependency. Utah Code § 63G-2-202(10).

3. A video or audio recording of an interview, or a transcript of the video or audio recording, that is conducted at a Children’s Justice Center established under Utah Code § 67-5b-102, is not considered a record under GRAMA pursuant to Utah Code § 63G-2-103(22)(b)(xv).

4. After having reviewed the written arguments and the oral arguments presented by the parties, the Committee finds that Respondent is not required to provide Ms. Guzman-Ochoa with a copy of the 2014 case report. The Committee is convinced that the 2014 case report is a record that is unsubstantiated, unsupported, and/or without merit and therefore, is not subject to disclosure pursuant to Utah Code § 63G-2-202(10). The Committee is also convinced that the relevant CJC videos, audio recordings, or transcripts of these recordings are not records under GRAMA pursuant to Utah Code § 63G-2-103(22)(b)(xv). However, since the 2020 case report does not involve any pending charges, the Committee finds that it should be released to Ms. Guzman-Ochoa with proper redactions of Utah Code § 62A-4a-412(3) informant information.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Sandra Guzman-Ochoa, is hereby DENIED IN PART and GRANTED IN PART.

RIGHT TO APPEAL

A party to a proceeding before the Committee may seek judicial review in District Court of a Committee's Order by filing a petition for review of the Committee Order as provided in Utah Code § 63G-2-404. Utah Code § 63G-2-403(14). A petition for judicial review of a Committee Order "shall be filed no later than 30 days" after the date of the Committee Order. Utah Code § 63G-2-404(1)(a). The petition for judicial review must be a complaint which is governed by the Utah Rules of Civil Procedure and include the Committee as a necessary party and contain the required information listed in Subsection -404(2). Utah Code § 63G-2-404(1) & (2). The court shall make its decision de novo but shall allow introduction of evidence presented to the Committee, determine all questions of fact and law without a jury, and decide the issue at the earliest practical opportunity. Utah Code § 63G-2-404(6). In order to protect a parties’ rights on appeal, a party may wish to seek advice from an attorney.

PENALTY NOTICE

Pursuant to Utah Code § 63G-2-403(15)(c), if the Committee orders the governmental entity to produce a record and no appeal is filed, the government entity herein shall comply with the order of the Committee and shall: (1) Produce the record; and (2) File a notice of compliance with the Committee. If the governmental entity ordered to produce a record fails to file a notice of compliance or a notice of intent to appeal, the Committee may do either or both of the following: (1) Impose a civil penalty of up to $500 for each day of continuing noncompliance; or (2) Send written notice of the entity's noncompliance to the Governor. Utah Code § 63G-2-403(15)(d)(i)(B). In imposing a civil penalty, the Committee shall consider the gravity and circumstances of the violation, including whether the failure to comply was due to neglect or was willful or intentional. Utah Code § 63G-2-403(15)(d)(ii).

Entered this 19th day of April 2021

BY THE STATE RECORDS COMMITTEE

_____________________________________
KENNETH R. WILLIAMS
Chair, State Records Committee