S. M. ex rel. R. M. v. Children & Youth Services of Delaware County

686 A.2d 872, 1996 Pa. Commw. LEXIS 510
CourtCommonwealth Court of Pennsylvania
DecidedDecember 11, 1996
StatusPublished
Cited by8 cases

This text of 686 A.2d 872 (S. M. ex rel. R. M. v. Children & Youth Services of Delaware County) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S. M. ex rel. R. M. v. Children & Youth Services of Delaware County, 686 A.2d 872, 1996 Pa. Commw. LEXIS 510 (Pa. Ct. App. 1996).

Opinion

COLINS, President Judge.

S.M., a minor, by his legal guardian and natural parents (appellants), appeals a Court of Common Pleas of Delaware County (common pleas court) order denying a request for release of documents. The controversy centers upon the refusal of Children and Youth Services of Delaware County to release certain documents in its care custody and control. For the reasons set forth below, .we affirm in part and reverse in part, and we remand this matter to the common pleas court for proceedings consistent with this opinion.

The issues raised herein are matters of first impression. They are 1) whether a child placed in foster care, who alleges abuse while in care, has the right to access documents that pertain to his foster care stay; and 2) whether a child placed in foster care, who alleges abuse while in care, has the right [874]*874to access the entire file of the foster care parent. Appellants’ issues involve questions of law; thus, our review of the common pleas court’s order is limited to whether that court erred as a matter of law in denying appellants’ discovery request. Kissinger v. Commonwealth, 106 Pa.Cmwlth. 636, 527 A.2d 618 (1987).

The facts of record are as follows: Appellants brought the underlying action by way of writ of summons in trespass as a result of bodily injuries allegedly sustained by minor appellant, S.M., while in the foster home of Cynthia Smalls. In a discovery motion, filed pursuant to Pa. R.C.P. No. 4003.1(a), appellants served a subpoena for the production of documents upon Mr. Joseph Brandon, in his capacity as Administrator of Children and Youth Services of Delaware County (CYS), seeking:

1. Resource Unit/Foster Family file for foster care provider, Cynthia Smalls, 5373 W. Montgomery Avenue, Philadelphia, including but not limited to, the following documents:
a) Application to be a foster care provider, forms or questionnaires, screening and evaluation information, foster family home approval, foster care contract, etc.
b) Criminal History and other background check information;
e)Homeowners Insurance coverage information;
d) Home study report(s);
e) Annual foster family home reevaluations;
f) Documentation of ongoing training;
g) Complaints filed or received against Cynthia Smalls regarding her work as a foster care provider;
h) All other documents pertaining to Cynthia Small’s tenure and/or work as a foster care provider with Children and Youth Services of Delaware County; and
i)All documents pertaining to minor [S.M.], date of birth-12-16-92; SS# [ ]1, including documents pertaining to his placement in Cynthia Small’s home, the time that he resided in Cynthia Small’s home, removal from Cynthia Small’s home and abuse allegations.
2. All other documents pertaining to foster care provider Cynthia Smalls, 5373 W. Montgomery Avenue, Philadelphia, within the custody of Children and Youth Services of Delaware County.

(Reproduced Record at R.13a.)

CYS refused to comply with the subpoena prompting appellants to file a motion for release of records in the common pleas court. That motion was denied. Appellants then joined CYS to their suit and thereafter renewed their discovery request. CYS complied with the request to the extent that it produced a copy of the child abuse report filed with CYS (i.e., CY-47, report of suspected abuse) and/or filed with ChildLine (ie., CY-48, status of abuse reports).2 CYS refused to produce the remaining documents requested, renewing its position that the documents were privileged under statute. Appellants’ motion for reconsideration of the common pleas court’s order was denied. Appellants’ appealed the common pleas court’s interlocutory order to this Court pursuant to Pa. R.A.P. 1311.

In this appeal, appellants ask us to consider whether the common pleas court erred in refusing their request to discover the files of CYS relating to Smalls in general and the files of CYS relating to Smalls and minor appellant for the period during which minor appellant was in Smalls’ care. Appellants contend there is no statutory provision denying them access to the records, the documents are necessary to prepare a complaint, and public policy supports disclosure of the documents.

The Rules of Civil Procedure provide that no discovery or deposition shall be permitted that relates to a matter that is privi[875]*875leged.3 The term “privilege” as used in the discovery rules refers only to a privilege based on constitutional or statutory provisions or existing common law,4 and has reference to a “privilege” recognized in, and available under, the law of evidence. The sole focus of this appeal is whether the documents sought are protected from disclosure because they are a confidential communication under statute.5

In this matter, the common pleas court concluded that implicit in 23 Pa.C.S. §§ 6336(b) and 6339 and 55 Pa.Code §§ 3490.91 and 3490.104 is a privilege of confidentiality that precludes disclosure of the requested documents. We disagree as to the request for the family case record, foster family file, and the homeowners insurance policy.

The Child Protective Services Law is set forth in 23 Pa.C.S. §§ 6301-6384. The purpose of the Law is to protect abused children by encouraging more complete reporting of suspected child abuse and to establish in each county a child protective service. 23 Pa.C.S. § 6302(b). Where there is a report of suspected child abuse,

23 Pa.C.S. § 6339 provides for the confidentiality of report concerning instances of child abuse, 23 Pa.C.S. §§ 6336(c) and 6340 monitor the release of that information. Therefore, absolute confidentiality is not guaranteed to individuals being investigated pursuant to a suspected child abuse and neglect complaint (“SCAN”). Authorized Child Protective Services Department officials, treating officials, guardians ad litem, courts with competent jurisdiction, the Attorney General, law enforcement officials conducting investigations, the individuals who report suspected abuse, county commissioners, and the subjects of the reports are entitled to summaries of information contain in the file as well as written reports.

Commonwealth v. Christopher, 423 Pa.Superior Ct. 51, 53-55, n. 3, 620 A.2d 494, 495, n. 3 (1992). A “subject of the report” is defined as “[a]ny child reported to the central register of child abuse and a parent, guardian or other responsible person also named in the report”; 23 Pa.C.S. § 6303. Here, minor appellant is a “subject of the report,” thus, there is no statutory privilege denying him access to the documents contained in the family case record of Cynthia Smalls. This conclusion is further supported by referencing 55 Pa.Code § 3490.91, subsections (12) (permitting release of information to a subject of the report, here minor appellant) and (3) (permitting release of information to a child’s guardian

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Bluebook (online)
686 A.2d 872, 1996 Pa. Commw. LEXIS 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/s-m-ex-rel-r-m-v-children-youth-services-of-delaware-county-pacommwct-1996.