Response to 2009 U.S. Justice Department Report on Choate Mental Health and Developmental Center (Department of Human Services)

Dear Beth Hundsdorfer:

This correspondence is in response to your request for public records pursuant to the Freedom of Information Act (FOIA), which the Illinois Department of Human Services received on January 12, 2023. Your request seeks the following:

1. Any and all responses to the 2009 U.S. Justice Department Division of Civil Rights report on Choate Mental Health and Developmental Health Center (See https://www.justice.gov/sites/default/files/crt/legacy/2010/12/15/Choate_findlet_11-09-09.pdf)
2. Any and all correspondence regarding said report to or from Illinois Attorney General Lisa Madigan or her staff.
3. Any and all correspondence regarding said report to or from IDHS Secretary Michelle Saddler or General Counsel Mary Lisa Sullivan.
4. Any and all correspondence to or from Shanetta Cutlar, U.S. Department of Justice Civil Rights Division.

Administrative staff at the Choate Mental Health and Developmental Health Center are still in the process of searching for records responsive to Item 1 of your request. Under the Freedom of Information Act, a public body may extend the time to respond to a FOIA request by up to five business days. 5 ILCS 140/3(e). As such, the Department is extending the time to respond to your request by five business days on one or more of the following bases:

* The requested records are stored in whole or in part at other locations than the office having charge of the requested records;
* The request requires the collection of a substantial number of specified records;
* The requested records have not been located in the course of a routine search and additional efforts are being made to locate them;
* The requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure or should be revealed only with appropriate deletions; and
* The request for records cannot be complied with by the public body within the time limits prescribed by FOIA without unduly burdening or interfering with the operation of the public body.

The Department will respond to Item 1 of your request on or before January 27, 2023. Regarding Items 2 - 4, the Department conducted a search for Electronically Stored Information (ESI) using the terms outlined in your request. That search produced over 4,000 emails. In order to fulfill this portion of your request as written, the Department would have to convert all correspondence files to an appropriate format, review them carefully for content, and apply redactions where necessary prior to release. This process would take an extraordinary amount of time, and it would significantly interfere with the operations of the Department. As a result, the Department considers your request unduly burdensome. 5 ILCS 140/3(g). Please feel free to revise your request by identifying a specific timeframe, amending the search terms, or providing other criteria that would reduce your request to more manageable proportions.

To the extent you consider any portion of this response to be an improper denial of your FOIA request, you have a right to seek review by writing to the Public Access Counselor (PAC) at the following address:

Public Access Counselor
Office of the Attorney General
500 South 2nd Street
Springfield, Illinois 62706
Fax: 217-782-1396
E-Mail: Public.Access@ilag.gov<mailto:Public.Access@ilag.gov>

If you choose to file a Request for Review with the PAC, you must do so within 60 calendar days of the date of this letter. 5 ILCS 140/9.5(a). Please note that you must include a copy of your original FOIA request and this response when filing a Request for Review with the PAC. You also have the right to seek judicial review of this response. 5 ILCS 140/11.

Thank you for your interest in the Illinois Department of Human Services.

Sincerely,

Thomas D. Mulcrone
Associate General Counsel
Illinois Department of Human Services
DHS.FOIAOfficer@illinois.gov<mailto:DHS.FOIAOfficer@illinois.gov>

CONFIDENTIALITY NOTICE:
This electronic mail transmission, including any attachments, contains information that belongs to the sender and may be confidential or protected by attorney-client or attorney work product privilege. The information is only for the intended recipient. If you are not the named or intended recipient, please do not disclose, copy, distribute or use this information. If you have received this information in error, please promptly notify the sender of receipt of the e-mail and then destroy all copies of it. Receipt by unintended recipient does not waive any privilege or any exemption from disclosure. Any prohibited or unintended disclosure is not binding on the sender or IDHS. Thank you.

State of Illinois - CONFIDENTIALITY NOTICE: The information contained in this communication is confidential, may be attorney-client privileged or attorney work product, may constitute inside information or internal deliberative staff communication, and is intended only for the use of the addressee. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify the sender immediately by return e-mail and destroy this communication and all copies thereof, including all attachments. Receipt by an unintended recipient does not waive attorney-client privilege, attorney work product privilege, or any other exemption from disclosure.

Dear Beth Hundsdorfer:

This correspondence is a supplemental response to your request for public record pursuant to the Freedom of Information Act (FOIA), which the Illinois Department of Human Services initially received on January 12, 2023. Your request seeks the following:

1. Any and all responses to the 2009 U.S. Justice Department Division of Civil Rights report on Choate Mental Health and Developmental Health Center (See https://www.justice.gov/sites/default/files/crt/legacy/2010/12/15/Choate_findlet_11-09-09.pdf)
2. Any and all correspondence regarding said report to or from Illinois Attorney General Lisa Madigan or her staff.
3. Any and all correspondence regarding said report to or from IDHS Secretary Michelle Saddler or General Counsel Mary Lisa Sullivan.
4. Any and all correspondence to or from Shanetta Cutlar, U.S. Department of Justice Civil Rights Division.

The Department provided you with a response to Items 2 - 4 on January 20, 2023. Regarding Item 1, the Department conducted a thorough search of archived files stored at Choate Mental Health and Developmental Health Center and electronic files on the network drives at that facility. After over 15 hours of searching these files, the Department did not locate any responses to the 2009 U.S. Justice Department Division of Civil Rights report referenced in your request. As a result, the Department does not have records responsive to Item 1 of your request. You may wish to direct your inquiry to the U.S. Justice Department Division of Civil Rights for further assistance.

To the extent you consider any portion of this response to be an improper denial of your FOIA request, you have a right to seek review by writing to the Public Access Counselor (PAC) at the following address:

Public Access Counselor
Office of the Attorney General
500 South 2nd Street
Springfield, Illinois 62706
Fax: 217-782-1396
E-Mail: Public.Access@ilag.gov<mailto:Public.Access@ilag.gov>

If you choose to file a Request for Review with the PAC, you must do so within 60 calendar days of the date of this letter. 5 ILCS 140/9.5(a). Please note that you must include a copy of your original FOIA request and this response when filing a Request for Review with the PAC. You also have the right to seek judicial review of this response. 5 ILCS 140/11.

Thank you for your interest in the Illinois Department of Human Services.

Sincerely,

Thomas D. Mulcrone
Associate General Counsel
Illinois Department of Human Services
DHS.FOIAOfficer@illinois.gov<mailto:DHS.FOIAOfficer@illinois.gov>

CONFIDENTIALITY NOTICE:
This electronic mail transmission, including any attachments, contains information that belongs to the sender and may be confidential or protected by attorney-client or attorney work product privilege. The information is only for the intended recipient. If you are not the named or intended recipient, please do not disclose, copy, distribute or use this information. If you have received this information in error, please promptly notify the sender of receipt of the e-mail and then destroy all copies of it. Receipt by unintended recipient does not waive any privilege or any exemption from disclosure. Any prohibited or unintended disclosure is not binding on the sender or IDHS. Thank you.

State of Illinois - CONFIDENTIALITY NOTICE: The information contained in this communication is confidential, may be attorney-client privileged or attorney work product, may constitute inside information or internal deliberative staff communication, and is intended only for the use of the addressee. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify the sender immediately by return e-mail and destroy this communication and all copies thereof, including all attachments. Receipt by an unintended recipient does not waive attorney-client privilege, attorney work product privilege, or any other exemption from disclosure.

Dear Beth Hundsdorfer:

The Department sent you an initial response on January 20, 2023 and a supplemental response on January 27, 2023. Please see the attached files for confirmation. This matter (23-FTS-4961) is now closed. If you are interested in filing a new FOIA request with IDHS, please refer to the instructions posted at IDHS: Freedom of Information Act (FOIA) (state.il.us)<https://www.dhs.state.il.us/page.aspx?item=49799>.

Sincerely,

Thomas D. Mulcrone
Associate General Counsel
Illinois Department of Human Services
DHS.FOIAOfficer@illinois.gov<mailto:DHS.FOIAOfficer@illinois.gov>