Getting State Government Records - Public Records - Day Care & Public Records

In helping a parent to some degree understand the workings of DSHS (Department of Social and Health Services)  I had the opportunity to interface with my old agency (DSHS) in Vancouver, Washington and to meet with a former co-worker who advised the parent could make a public disclosure request; that it would take thirty days.

I advised my former DSHS co-worker, Patrick Dixson, a CPS social worker, the law states five business days to produce a record. With elevated energy he said, no, thirty days.  The law, I confirmed to him, states five days.  I assured him the law states five business days.  He emphatically continued to disagree.  Later the father after he had talked with Mr. Dixson reported Mr. Dixson was told him he wouldn't get records for six to eight weeks.

I've copied in portions of the public disclosure law below. All boldings are mine.  Legal language can be dense so I highlighted portions for a citizen who wants to make a public disclosure request for either their child protective services (CPS) or for day care records.  I've bolded the most important portions and phrasings in the law.

When I worked for DSHS I found the same disregard of the law and when laws were identified to various unelected managers, they seemingly acted as if their pronouncements were law not what the citizen legislature had enacted.

Copied below are relevant portions of the law from Washington State's public disclosure law or the Public Records Act.

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"42.56.520
Prompt responses required.

Responses to requests for public records shall be made promptly by agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives. Within five business days of receiving a public record request, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives must respond by either (1) providing the record; (2) providing an internet address and link on the agency's web site to the specific records requested, except that if the requester notifies the agency that he or she cannot access the records through the internet, then the agency must provide copies of the record or allow the requester to view copies using an agency computer; (3) acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and providing a reasonable estimate of the time the agency,  the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request; or (4) denying the public record request.
Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.

In acknowledging receipt of a public record request that is unclear, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives need not respond to it.

Denials of requests must be accompanied by a written statement of the specific reasons therefor. Agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall establish mechanisms for the most prompt possible review of decisions denying inspection, and such review shall be deemed completed at the end of the second business day following the denial of inspection and shall constitute final agency action or final action by the office of the secretary of the senate or the office of the chief clerk of the house of representatives for the purposes of judicial review.

[2010 c 69 § 2; 1995 397 § 15; 1992 c 139 § 6; 1975 1st ex.s. c 294 § 18; 1973 c 1 § 32 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.320.]"

Notes:

Finding -- 2010 c 69: "The internet provides for instant access to public records at a significantly reduced cost to the agency and the public. Agencies are encouraged to make commonly requested records available on agency web sites. When an agency has made records available on its web site, members of the public with computer access should be encouraged to preserve taxpayer resources by accessing those records online."

I'll get a copy to DSHS in Vancouver, Washington and see if DSHS Area Managers, either Bill Paresa or Cindy Hardcastle and see if DSHS will follow the intent of the law.