Even with new law, IL paper denied public records

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24 November 2008

An investigation by the Belleville News-Democrat into the Illinois child welfare system raised concerns about caseworkers, prompting legislation designed to open up agency records to the public. However, even with the new law, the paper has seen their investigation stalled after their records request was denied.[1]

[edit] Records sought

The paper made a request for files on 3 year old Bianca Starr, who died of asphyxiation in her home on September 27. They reported their "first attempt to examine confidential case files under a new Illinois law designed to allow public scrutiny of the Department of Children and Family Services in child death cases failed to produce any information."[1]

Starr's mother, 18 year old Karrae Starr, had been receiving DCFS services at the time. She has been accused of holding her daughters' nose and mouth closed until she died. In denying the request, DCFS spokesman Kendall Marlowe cited a provision of the new law that allows records to be withheld if they "may undermine an ongoing criminal investigation."

Counsel to the Illinois Press Association, Don Craven, was highly critical of the decision to deny the records request. "I think they and the state's attorney are overreaching a little bit," he stated. "They can't keep the whole thing secret. There is a presumption under the law that all, or most of it, should be public to keep the agency accountable. So it should be released."[1]

[edit] New Law

The new law, which took effect last June, came as a result of the paper's investigation that reported 53 children died in 2006 while they had been under the agency's care. It was designed to allow public scrutiny of caseworker performance in child death and serious injury cases.

[edit] References