Attorney Karolyn Ryan Challenges DCF’s FOIA Denials

Attorney Karolyn Ryan, an outspoken critic of the Connecticut Department of Children and Families (DCF) implementation of the Child Abuse Prevention and Treatment Act (CAPTA), shared with Inside Investigator the latest on her attempts to FOIA infant referral statistics from DCF.

In Ryan’s latest complaint, filed on January 17, 2024, she alleges that DCF has violated FOIA by denying a previous request for various infant referral statistics. Ryan outlined a request she had made on January 25, 2023, which was denied by DCF on July 26, 2023, and another request made on November 30, 2023, which was denied on December 30, 2023. Ryan said that while she accepted DCF’s denial of her January 25 request, she takes issue with its denial of her November 30 request.

“Complainant understands and respects the reasoning of the Commission in its July 26, 2023 decision and has taken no appeal,” read Ryan’s complaint filed on December 30, 2023. “Notably, the November 30, 2023 Complaint before us now is entirely distinguishable from the January 25, 2023 request.”

Ryan said her latest request differs in that it only requests quantitative data from the Careline reports, instead of in-depth, qualitative information that would be found in the unredacted reports, which she requested on January 25. Ryan said she had already been given similar information in the past, and that she “seeks to have the data updated for 2022 and expanded upon.”

Ryan argued that the requested data is a matter of public interest and concern.

“The aggregate data Complainant seeks in her November 30, 2023 request is to support pending legislation that would protect a woman’s prenatal records from disclosure to the Department of Children and Families,” read Ryan’s complaint.

In the past, Ryan has spoken to several mothers who felt they were unfairly impacted by DCF investigations opened up as a result of hospital staff reporting trace amounts of substances such as alcohol, marijuana, or prescription drugs. Ryan has been an outspoken critic of DCF’s policy regarding hospital staff’s mandatory reporting of potential child neglect or abuse, feeling its vagueness leads to the over-reporting of cases into innocent parents.

On January 25, 2023, Ryan requested “all 2022 accepted Careline reports, redacted for identifying information, in which the ‘High Risk Newborn’ box was checked off.” She also requested the number of the cases that were substantiated for abuse or neglect within 45 days of their acceptance by DCF, and a copy of “any and all contracts or agreements” between DCF and Connecticut Hospitals “concerning the care and/or reporting of newborn for child protective services.”

On Feb. 22, 2023, Ryan appealed to FOIC that DCF was in violation of FOIA for its denial of her request. On March 24, 2023, DCF responded to her request by denying her request for Careline reports, provided her with “relevant statistical data” in response to her request for the number of accepted cases that were substantiated, and denied her contracts request, saying “they did not maintain any records responsive to the complainant’s contracts request.”

On July 26, 2023, FOIC issued their ruling on Ryan’s complaint in regards to DCF’s denial of her January 25 request. According to the ruling, Ryan accepted DCF’s answer to her accepted cases question and contracts request but argued that DCF should not be able to claim that the Careline reports are protected under state law that exempts any documentation “created in connection with DCF’s child protection activities,” as the forms are only used for screening and intake, and do not always result in child protection activities. The FOIC disagreed with this argument, saying “It is thus found that, by their very nature, such reports contain ‘information relative to child abuse.’”

On Nov. 30, 2023, Ryan requested the number of DCF referrals made by hospital staff in 2022 concerning newborns, as well as the number accepted by DCF for investigation. She also requested that they be broken down by hospital and by alleged perpetrators accused of misuse of prescription medication, marijuana and other drugs. Ryan also requested the alleged perpetrators who DCF opened investigations on to be broken down by race, broken down by the kind of test performed by hospital staff, and broken down by results and hospitals. Lastly, Ryan requested the total amount of accepted DCF referrals made by hospital staff involving newborns from 2015 to 2021.

In an email dated Dec. 29, 2023, DCF Staff Attorney Lynn Herbert responded to Ryan’s request, saying that the agency denied the request on the grounds that FOIA exempts agencies from requests that would require them to conduct research or analysis, as opposed to the simple procurement of documents. Herbert also said that the request was denied “as the records you are requesting are confidential records obtained by the Department through its child protection activities.”

On July 9, Ryan received notice that her contested hearing will be conducted on August 26, 2024 at 11 a.m. After this hearing, the Hearing Officer will prepare a report compiling their conclusions and a recommended order, which will then be provided to the FOIC who will make a final determination. If the FOIC rules in Ryan’s favor, DCF would be obliged to comply with her November 30 request.

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