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Adkins v. TFI Family Services, Inc.

United States District Court, District of Kansas

March 16, 2015

DON ADKINS and ELLEN ADKINS, Plaintiffs,
v.
TFI FAMILY SERVICES, INC., et. al, Defendants.

MEMORANDUM AND ORDER

Gerald L. Rushfelt, U.S. Magistrate Judge.

This matter is before the Court for a determination of whether to allow the documents delivered for in camera inspection to be disclosed pursuant to K.S.A. § 38-2212(e). The parties submitted agency records of the Kansas Division of Children and Family Services and its state agency contractor KVC (“DCF”) for four minor children to the Court for in camera inspection as required by K.S.A. § 38-2212(e). The Court has conducted the in camera inspection and now outlines the terms by which the documents must be disclosed.

K.S.A. § 38-2212(e) states that “a court of competent jurisdiction, after an in camera inspection, may order disclosure of confidential agency records pursuant to a determination that the disclosure is in the best interests of the child who is the subject of the reports or that the records are necessary for the proceedings of the court and otherwise admissible as evidence.” The statute further provides that “[t]he court shall specify the terms of disclosure and impose appropriate limitations.”[1]

The Court completed its in camera review and determined that some, but not all, of the documents should be disclosed in accordance with K.S.A. § 38-2212(e) as “necessary for the proceedings of the court and otherwise admissible as evidence.” The Court has also considered the Notice of Plaintiffs Don Adkins and Ellen Adkins and Defendants TFI Family Services, Inc. and Kelli Ann Hegarty’s Joint Memorandum Designating Discoverable Documents.[2] Pursuant to the Joint Memorandum, the parties agreed that the documents are discoverable as relevant to the parties’ claim and defenses, to identifying witnesses, and to addressing the relevant medical, psychological and family history of T.N. and his siblings. Based on the Court’s in camera review and the Joint Memorandum, the Court has concluded that the documents set forth below are not “necessary for the proceedings of the court and otherwise admissible as evidence.” The remaining documents are to be disclosed to the parties and shall be subject to the parties’ Qualified Protective Order (ECF 20).

The Court finds that the following documents are not necessary for the proceedings of the Court and are therefore not subject to disclosure at this time. However, such denial of disclosure is without prejudice to any further requests for disclosure that make the requisite showing under K.S.A. § 38-2212(e). The following documents shall not be disclosed at this time:

1. The entire file of C.N. (TFI 01256–03322), as well as the videos of the Forensic Interviews of C.N. (TFI 16832–16833, TFI 16834–16835, and TFI 16836–16837). C.N. is not the focus of the claims in the present case. However, any mention of C.N. in the files of the other three minors is subject to disclosure to the extent disclosure of those files is allowed.

2. Documents TFI 04607 and TFI 04608. These documents appear to be related to individuals with no ties to the minors at issue, and appear to be documents from another DCF matter that were misplaced in the relevant file.

3. The following files shall not be disclosed:

T.N. TFI File:
TFI 09087: List of Redactions for Reporters
TFI 10846–10853: Mental Health Center (and/or Private Provider) Progress Reports/Discharge Summaries (Parent/Caregiver)
TFI 10856:Drug/Alcohol Assessment (Parent/Caregiver)
TFI 10859–10884: UAs (Parent/Caregiver)
TFI 10886–10891: Medical Card/Third Party Insurance
TFI 11109–11120: Dental Records
TFI 11122–11138: SSI Information (Kansas ...

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