Public Records Request Information

The Department of Family and Community Services (DFCS) is committed to complying with its responsibilities under the Alaska Public Records Act (APRA) to disclose requested public records. Under APRA (Alaska Statute 40.25.100 – 40.25.295), a person may request a public agency’s public records. The agency must disclose the requested records unless they are protected from disclosure by a state or federal law, including a court order, or are statutorily excluded from release.

As per AS 40.25.220(3), the requirements of APRA apply to:

(3) “public records” means books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristics, that are developed or received by a public agency, or by a private contractor for a public agency, and that are preserved for their informational value or as evidence of the organization or operation of the public agency; “public records” does not include proprietary software programs.

Requests for information created and stored in an electronic form or databases, such as electronic mail (email), financial systems, or case management databases are considered “electronic services and products.” Release of electronic services is addressed under AS 40.25.115 and public release is completed at the discretion of agency, with the cost of retrieving the information borne by the requestor. DFCS works with requestors to provide requested electronic services while safeguarding the ability of DFCS employees to complete the core missions of the department. APRA deadlines do not apply to electronic services responses.

APRA Response

DFCS has 10 business days to provide an initial response to your APRA request. DFCS’s response might do the following:

• Ask you to clarify your request to identify the records requested, speed the response, or lessen the administrative burden of processing an overly broad request;
• Notify you that the DFCS is responding under AS 40.25.115, for electronic services and products;
• Provide a cost estimate;
• Take an extension of time;
• Provide responsive public records; and/or
• Wholly or partially deny the request for any of the following reasons:
• The record is protected from disclosure,
• DFCS does not possess or control the record, or
• DFCS believes the record is in its possession or control but has not yet located it.

Withheld information

These are a few categories of records that the department may or must withhold:

• Medical and public health records;
• Records required to be kept confidential by a federal or state law or regulation (such as health, child protection or delinquency information), including a federal or state court order or a common law privilege or protection (such as the attorney- client privilege, the attorney work-product doctrine, the executive communications privilege, and the deliberative process privilege).
• Certain law enforcement records, including certain records of investigations.

Appeals

You may appeal a denial of a request for public records subject to the APRA by following the requirements of 2 AAC 96.340. You may seek judicial review of such a denial by pursuing an injunction from the superior court under AS 40.25.125.

This is not a comprehensive summary of your rights and department’s responsibilities under the Act.

If you have additional questions, DFCS suggests that you review the Alaska Public Records Act (AS 40.25.100 - 40.25.295) and the regulations (2 AAC 96.100 – 2 AAC 96.470), and/or contact an attorney.