Scroggins v. Missouri Department of Social Services

227 S.W.3d 498, 2007 Mo. App. LEXIS 859
CourtMissouri Court of Appeals
DecidedJune 12, 2007
DocketNo. WD 66677
StatusPublished
Cited by3 cases

This text of 227 S.W.3d 498 (Scroggins v. Missouri Department of Social Services) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scroggins v. Missouri Department of Social Services, 227 S.W.3d 498, 2007 Mo. App. LEXIS 859 (Mo. Ct. App. 2007).

Opinion

JOSEPH M. ELLIS, Judge.

In December 2005, the Missouri Department of Social Services — Children’s Division received a request under the Sunshine Law asking for information related to the death of one-year-old Caden Blanton. The Children’s Division had opened a protective services file concerning Caden prior to his death. Subsequently, DSS notified Respondent Dwight K. Scroggins, the Prose[500]*500cuting Attorney for Buchanan County (“the Prosecuting Attorney”), that the Director of DSS was considering ordering the release of the Children’s Division’s records related to Caden pursuant to his authority under § 210.150.5.1 At that time, the Prosecuting Attorney had filed charges against Christopher Kerns and the child’s mother, Heather Rich, stemming from the death.2 Copies of the documents the Director was considering releasing were provided to the Prosecuting Attorney.

On December 19, 2005, the Prosecuting Attorney filed a petition for Declaratory Judgment and Injunctive Relief seeking to prevent the Director from opening the records at issue. The Prosecuting Attorney asserted that DSS was a “law enforcement agency” under the Sunshine Law and that the records were investigative reports exempt from disclosure under § 610.100. Following a hearing, the trial court entered its judgment declaring DSS to be a “law enforcement agency” and enjoining DSS from releasing any investigative records or reports related to the case until all criminal prosecutions were no longer active. DSS appeals from that judgment.

“When reviewing a declaratory judgment, an appellate court’s standard of review is the same as in any other court-tried case.” Guyer v. City of Kirkwood, 38 S.W.3d 412, 413 (Mo. banc 2001). “The trial court’s judgment will be reversed only if no substantial evidence supports the judgment, if the decision is against the weight of the evidence, or if the judgment erroneously declares or misapplies the law.” Foster v. Village of Brownington, 140 S.W.3d 603, 607 (Mo.App. W.D.2004).

“The interpretation of statutory language is a question of law, and our review of it is de novo.” Maxwell v. Daviess County, 190 S.W.3d 606, 610 (Mo.App. W.D.2006). In interpreting statutory provisions, we are guided by the legislative intent and the text of the statute. State ex rel. Goodman v. St. Louis Bd. of Police Comm’rs, 181 S.W.3d 156, 159 (Mo.App. E.D.2005).

“The legislature provided in § 610.011.1 that ‘[i]t is the public policy of this state that meetings, records, votes, actions, and deliberations of public governmental bodies be open to the public unless otherwise provided by law.’ ” Stewart v. Williams Communications, Inc., 85 S.W.3d 29, 32 (Mo.App. W.D.2002). Accordingly, “[t]he provisions of the Sunshine Law are to be liberally construed to promote this public policy.” Id.

“Section 610.011.2 provides in pertinent part that ‘[ejxcept as otherwise provided by law ... all public records of public governmental bodies shall be open to the public for inspection and copying....’” State ex rel. Goodman, 181 S.W.3d at 159. “In other words, public records are open to the public unless a statute protects their disclosure.” Id. Statutory exceptions allowing records to be closed are to be strictly construed. Guyer, 38 S.W.3d at 414 (citing § 610.011.1).

The trial court determined that the exception set forth for investigative reports of law enforcement agencies contained in Section 610.100.2 shielded the documents at issue from disclosure. That statutory provision states, in relevant part:

[501]*501Each law enforcement agency of this state, of any county, or of any municipality, shall maintain records of all incidents reported to the agency, investigations and arrests made by such law enforcement agency. All incident reports and arrest reports shall be open records. Notwithstanding any other provisions of law other than the provisions of subsection 4, 5 and 6 of this section or section 320.083, RSMo, investigative reports of all law enforcement agencies are closed records until the investigation becomes inactive....

§ 610.100.2. The trial court determined that DSS was a “law enforcement agency” and that § 610.100.2, therefore, served to bar disclosure of its investigative reports. In its sole point on appeal, DSS claims the trial court erred in concluding that DSS is a “law enforcement agency” as provided in this section.

The Sunshine Law does not define the term “law enforcement agency,” and no Missouri case law has addressed whether DSS is such an agency. “In interpreting statutes, this Court determines the intent of the legislature, giving the language used its plain and ordinary meaning.” Lane v. Lensmeyer, 158 S.W.3d 218, 226 (Mo. banc 2005). “In determining legislative intent, the statute is read as a whole and in pan materia with related sections.” Id. “In interpreting statutes, it is appropriate to take into consideration statutes involving similar or related subject matter when such statutes shed light upon the meaning of the statute being construed, even though the statutes are found in different chapters and were enacted at different times.” Id. (internal quotations omitted).

While “law enforcement agency” does not appear to have been defined in any Missouri statute, a “law enforcement officer” has been “defined as ‘any public servant having both the power and duty to make arrests for violations of the laws of this state[.]’ ” State v. Brown, 989 S.W.2d 652, 653 (Mo.App. E.D.1999) (quoting § 556.061(17)). Generally, DSS has neither the power nor the duty to make arrests. See § 207.020 (setting forth the powers of the Family Support Division and the Children’s Division); § 210.109 (listing duties of the Children’s Division related to the child protection system).

Furthermore, DSS is directed to investigate reports of child abuse or neglect by Section 210.145. That section contains the following provisions:

2. The division shall utilize structured decision-making protocols for classification purposes of all child abuse and neglect reports.
3. Upon receipt of a report, the division shall determine if the report merits investigation.... The division shall immediately communicate all reports that merit investigation to its appropriate local office and any relevant information as may be contained in the information system. The local division staff shall determine, through the use of protocols developed by the division, whether an investigation or the family assessment and services approach should be used to respond to the allegation....
4.

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Related

State Ex Rel. Pulitzer Missouri Newspapers, Inc. v. Seay
330 S.W.3d 823 (Missouri Court of Appeals, 2011)
Scroggins v. MO. DEPT. OF SOCIAL SERVICES
227 S.W.3d 498 (Missouri Court of Appeals, 2007)

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227 S.W.3d 498, 2007 Mo. App. LEXIS 859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scroggins-v-missouri-department-of-social-services-moctapp-2007.