Records office denies appeal but flags burden on families in mental‑health evaluation disclosures

In Appeal No. 2025064, Dr. Zog, co‑guardian for his daughter, challenged the Department of Workforce Services’ practice of classifying Form 20M psychological evaluations as "controlled" records that require a clinician's written release before disclosure and that, in his case, forced the family to pay $40 for a psychologist to review and sign a release.

Dr. Zog described a longstanding collaboration with DWS and said the agency paid for the original assessment but then automatically labeled it a controlled record. He argued DWS should have asked the subject’s ongoing clinicians or social workers whether release was appropriate and said the $40 fee imposed an unfair burden on a family on limited income.

DWS counsel (Miss Chung/Tran) said the agency has followed a long‑standing statutory process under GRAMA (citing 63G‑2‑202 and related subsections), that mental‑health evaluations are designated controlled because disclosure could harm subjects, and that the agency lacks internal clinical relationships to safely assess releases. DWS told the director it had provided the statutory information and the steps necessary for a requester to obtain the required clinician certification and asked the DGO to deny the appeal.

Director Pearson said he understood the petitioner’s concerns and found the procedural practice "problematic," noting the unfairness of placing the fee and administrative burden on requesters. Nonetheless, Pearson concluded the appeal was moot as to the specific relief requested because the record had been provided and said the DGO lacks authority to order the kind of systemic procedural reform and fee waivers Dr. Zog sought. He denied the appeal but urged agencies to consider more efficient or equitable procedures.

Pearson will issue a written order within seven business days; either party may appeal to district court within 30 days.