Boston Globe Child Fatality Data Request (LA County)
| Submitted | Aug. 31, 2017 |
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Communications
From: Jessica Huseman
To Whom It May Concern:
Pursuant to the California Public Records Act (California Government Code §§ 6250), I hereby request the following records:
All records regarding child abuse and neglect which resulted in a child fatality from Jan. 1, 2011 to present.
Because your state receives funds from CAPTA and has attested that it is CAPTA compliant, these records should be collected and in a readily accessible format. Section 106(b)(2)(B)(x) of the Child Abuse Prevention and Treatment Act requires states to publicly disclose the following in each case of a child fatality or near fatality:
• The cause and circumstances regarding the fatality or near fatality
• The age and gender of the child
• Information describing any previous reports or child abuse or neglect investigations that are pertinent to the child abuse or neglect that led to the fatality or near fatality.
• The result of any such investigations.
• The services provided by and the actions of the State on behalf of the child that are pertinent to the child abuse or neglect that led to the fatality or near fatality.
I am requesting access to this information for each child fatality in the time frame referenced, preferably in preferably in machine-readable format, such as Microsoft Excel or a comma delimited text file. These records should not be aggregate data, but instead broken out for each individual child fatality.
Because your county is already required by federal law to maintain these records and make them available for public requests, and because I am a reporter and this request is being made as part of a newsgathering effort and not for commercial use, I request all fees associated with this request be waived.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Jessica Huseman
From: Neil Zanville
Dear Ms. Huseman,
This email is in response to your email dated August 31, 2017, request pursuant to the California Public Records Act. You requested, in pertinent part, "all records regarding child abuse and neglect which resulted in a child fatality from Jan. 1, 2011 to present."
The State of California has a law, often referred to as Senate Bill 39 (SB 39), which is codified at Welfare and Institutions Code section 10850.4. SB 39 is separate and apart from the California Public Records Act, and it permits the release of information and documents from a juvenile case file, upon request, in cases where abuse or neglect is determined to have led to a child's death. This law complies with the requirements outlined in the federal Child Abuse Prevention and Treatment Act.
We believe your request falls under SB 39, and not the Public Records Act, and we would like to assist with getting you the information you request. We believe a conversation may be helpful to discuss your request and go over the information that we have under SB 39. I am copying Francisco Torres with our SB39 unit should you have any immediate questions regarding SB39 protocols. Please let us know when you are available to discuss your request in further detail.
Neil J Zanville
DCFS Office of Public Affairs
From: Jessica Huseman
Yes, let's definitely chat. Happy to chat today (Monday) before 5pm your time, or late Wednesday afternoon.
Let me know what works. I'm at 917-512-0288 if you'd like to call. You can email me directly at jessica.huseman@propublica.org.
Thanks.
From: Francisco Torres
Hi Laura,
Are you available today?
Sent from my iPhone
From: Neil Zanville
Ms. Huseman,
I’ve schedule a conference call today for 2 pm PST. Joining us will be Francisco Torres, our SB39 manager and Laura Quinonez, Deputy County Counsel. We’ve provided a conference call-in number:
Call In# (888) 251-2909
Access Code: 8688975
Neil J Zanville
DCFS Office of Public Affairs
From: Juana Aguilera
Hi Jessica,
In response to your SB39 request made on August 31, 2017, please see the attachment and link below for (1) one fatality that occurred on 8/22/16 that was caused by abuse/neglect:
http://dcfs.lacounty.gov/SB39_redacted/DOD 8-22-16 Redacted for Release.pdf<http://dcfs.lacounty.gov/SB39_redacted/DOD%208-22-16%20Redacted%20for%20Release.pdf>
If you wish to receive additional SB39 (c) release redacted documents for the timeframe requested, we will move forward.
Thank you,
Juana Aguilera, MSW
Children Services Administrator I
DCFS Office of Public Affairs
(213) 351-5886
juana.aguilera@dcfs.lacounty.gov<mailto:juana.aguilera@dcfs.lacounty.gov>
From: Alpha Assistance
Document provided by Agency.
From: Department of Children and Families
Hi Jessica,
I am following up on your request for SB39 records for 2011 to present. We have not heard back from you and we are wondering if you are still interested in SB 39 records for the time frame requested. Please let me know if you want us to move forward with the request.
Thank you!
Juana Aguilera, MSW
Children Services Administrator I
DCFS Office of Public Affairs
(213) 351-5886
juana.aguilera@dcfs.lacounty.gov<mailto:juana.aguilera@dcfs.lacounty.gov>
From: Jessica Huseman
I'm so sorry! Yes, this is great. I would like to move forward with the request.
What timeframe are we looking at?
From: Department of Children and Families
Hi Jessica,
Given that you are requesting records from 2011 to present, this can take approximately 6 months. Let us know if you have any questions.
Thanks!
-
~WRD000
From: Jessica Huseman
Thanks.
If it's possible to get them in batches as you move forward, that would be extremely helpful.
From: Department of Children and Families
Good morning Jessica,
Yes we can do that. Thanks!
-
~WRD000
From: Department of Children and Families
Good afternoon Jessica,
In response to the SB39 request made on August 31, 2017, please see the attachments and link below for (1) one fatality that occurred on 6/30/2017 that was caused by abuse/neglect:
http://dcfs.lacounty.gov/SB39_redacted/BLACK REDACTED DOD 6-30-17 .pdf<http://dcfs.lacounty.gov/SB39_redacted/BLACK%20REDACTED%20DOD%206-30-17%20.pdf>
Thank you,
Juana Aguilera, MSW
Children Services Administrator
Office of Public Affairs
(213) 351-5886
From: Department of Children and Families
Good afternoon Jessica,
In response to the SB39 request made on August 31, 2017, please see the attachments and link below for (1) one fatality that occurred on 4/16/2015 that was caused by abuse/neglect.
http://dcfs.lacounty.gov/SB39_redacted/DOD 4-16-15 BLACK REDACTED.pdf<http://dcfs.lacounty.gov/SB39_redacted/DOD%204-16-15%20BLACK%20REDACTED.pdf>
Thank you,
Juana Aguilera, MSW
Children Services Administrator
Office of Public Affairs
(213) 351-5886
From: Department of Children and Families
Jessica,
This is the "a" release grid for DOD 06/30/17. This should have preceded the "c" release. Let me know if you have questions.
Thank you,
Juana Aguilera, MSW
Children Services Administrator
Office of Public Affairs
(213) 351-5886
From: Jessica Huseman
Hello! Thank you.
Could you, from here on out, send these records to jessica.huseman@globe.com?
Thanks so much!
From: Department of Children and Families
Will do.
Thanks!
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