Thursday, October 15, 2009

Follow the records

We’re going to follow a records request from the origin to the end. Use Lexis-Nexis to find the resulting news stories.

Page 1. On June 16, 2006, the Seattle P-I requested records on Enrique Fabergas. Who is Enrique and what records did the journalists find?
Fabregas was a foster parent of two teenage girls and adoptive parent of one younger girl. He was accused of physically and sexually abusing the girls. The state ignored/unsubstantiated multiple reports about Fabregas, before arresting him on multiple charges of child abuse and pronography. The Seattle PI reporter recieved part of a DSHS 900-page report on Fabregas from another source. They also recieved documents from DSHS and the courts.

Page 2. In February of 2005, The Spokesman-Review requested access to something called BART, which was overseen by something called the “Mitigating Circumstances Review Board.” Find the news story that resulted from this request.
"DSHS check clears convicts; 174 kept jobs despite murder, rape and more"- Ben Shors, staff writer

Page 3. This is an internal records release form. How is this different from a public records request?
The internal release form is requesting records from within a specific agency (Morning Star Boys' Ranch). The public records release form would be requesting information that is already considered public- and subjet to FOIA.

Page 4. This is the agency’s response to a records request. What does RCW 13.50.100 say about public records?
"Records not relating to commission of juvenile offenses — Maintenance and access — Release of information for child custody hearings — Disclosure of unfounded allegations prohibited. ... Records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility of supervising the juvenile. Records covered under this section and maintained by the juvenile courts which relate to the official actions of the agency may be entered in the statewide judicial information system. ..."

Page 5 through 9. Review the pages.

a. It’s actually the same two-page report with two copies in the state records system. Why two copies?
One has notes, and one does not. Notes are part of the public record.

b. What is the priest’s account of how the boy lost a 4-inch clump of hair?
The boy disobeyed and the priest was a hold of his hair when the boy tried to run away quickly. The quick movement caused the priest to pull out the hair he was gripping.

c. What are the alleged and acknowledge forms of corporal punishment at the home?
Hair cutting, hacks, grounding and hand-slapping

d. Why are notes written on the page but not included in the body of the report? Can you use those if they aren’t in the official report?
Someone labeled this a draft, but it is not. It is public record and can be used. There has to be something in there to show that it is a working doc. in order to be considered a draft.

e. The ‘Incident Report’ page has been labeled ‘draft.’ Why was it released?
above

f. Why is a routing slip included in the report? Find the RCW that requires the release of this slip.

g. Who or what precipitated this investigation?
mother and counselor

h. Finally, here’s the story that resulted in 1978. Why did the state refuse to release the report in 1978?
confidentiality of clients

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