Government records director upholds DCFS withholding of internal child-protection summaries

The Government Records Office reviewed consolidated appeals by Peyton Harkins challenging the Division of Child and Family Services’ (DCFS) withholding of documents related to the Gavin Peterson matter and concluded the material at issue is protected by the juvenile-code provision for child-protective records.

Kate Olsen, attorney for Peyton Harkins and the Salt Lake Tribune, told the office petitioners seek a description of withheld records and, if necessary, redacted releases of documents that are not child‑abuse reports. "If there is an analysis within DCFS about how do you handle cases like Gavin's ... we'd like to see that," Olsen said during her presentation.

Deborah Wood, assistant attorney general for the Division of Child and Family Services, argued DCFS records are not public and are governed by the juvenile-code provision the parties repeatedly referenced during the hearing. "DCFS records are not public records. That is clear from the statute," Wood said, adding that child‑protective services (CPS) records are private, protected or controlled and may be released only to specified recipients under that statute.

Director Thomas W. Peterson of the Government Records Office reviewed an in‑camera communication the division described as an email summarizing cases. After examining the document, Peterson said it "falls within the 1,005 provision as information obtained as a result of a report of child abuse or neglect" and found the denial complied with GRAMA's requirements limiting access where other statutes govern. He said he did not find additional records outside that category that would require a balancing analysis and indicated the legislature's restrictions reflect heightened privacy interests in such records. "I do not think the evidence here supports the conclusion that any other records exist that would not be subject to that provision," Peterson said.

Olsen had argued the parties were in the dark about whether an internal "retrospective" or institutional analysis existed and asked the director to review any such document in camera to determine whether it was privileged or could be redacted and released. Wood told the office the record under review was a multi‑page email and maintained it contained case listings and details that fall under the juvenile statute. At one point counsel acknowledged the division's initial denial cited attorney‑client privilege and privacy provisions.

Peterson said because the record he reviewed was within the juvenile‑code provision that controls access, he did not need to reach a broader balancing question; he indicated a written ruling would follow. He also noted the parties will have appeal rights after issuance of the written decision.

The hearing included appearances by Kate Olsen for Peyton Harkins and Rachel Crosby (Salt Lake Tribune), and Deborah Wood as counsel for the division. The CAPTA report and references to public statements by the Weber County School District were referenced during argument but the director's oral findings focused on the statutory designation of the specific document he reviewed.

A written decision will be issued within seven business days, and the parties were advised of the right to appeal under the administrative rules.