Hiding Records - Dept of Early Learning - Email from the Attorney General's Office

Child day care licensing whether through the Department of Social and Health Services (DSHS) or the Department of Early Learning (DEL) has a long history of hiding public records and public information from parents and citizens alike.

For parents information the email below I got through the Public Records Act which you have a right to also acquire. Valid findings on child protective services allegations could have been posted in 2006 on the Department of Early Learning's (DEL) website. DEL did not. When the legislature passed a law to post suspension, denial and revocation of child day care licenses DEL did, not in 2007 when it was passed and not here at the end of 2011. 

A child abuse finding is the most egregious of findings related to licensed child day care and DEL has never posted that important information. And yes, the state's child day care agency has allowed licensed providers with valid of findings of child abuse to keep operating. 

Below is the email from assistant attorney Sheila Huber regarding valid CPS findings. Sheila advised the agency back in 2005:

 "However, the statutes that protect the records apply only until the records are released (to DEL, for example).  Then the person or entity that has the record must look to its own statute to determine the extent to which the records are protected."

Here's the full email:

From: Huber, Sheila (ATG)
Sent: Monday, July 07, 2008 1:29 PM  

To: McShane, Jeanne (DSHS/CA)
Cc: Sayer, Melissa (DSHS/CA)
Subject: RE: The Newest DEL (child care licensing) website has a serious failure to disclose vital information to working parents

Once DEL has (or uses) the CPS information, it becomes a record of that agency.  DEL would need to look to its own statutes to protect any CPS information as it is no longer protected by DSHS statutes.  DSHS cannot disclose CPS history of parents, unless authorized under RCW 26.44 or RCW 13.50, but it does sometimes disclose the information – as related to licensed foster care providers.  However, the statutes that protect the records apply only until the records are released (to DEL, for example).  Then the person or entity that has the record must look to its own statute to determine the extent to which the records are protected.

I assisted DCEL on this issue in 2005 when it was building the website – I don’t know what they did.  My comments to them (when they were part of DSHS) are on the attachments.