Denied: Executor's request for deceased's social services records
April 13, 2009 Filed in: Denied
| Allegheny
Co. | Other laws
| Social
services | Non-criminal
investigations | Non-specific
requests
Denied: A request to Allegheny
County from the executor of a woman's estate for
all county records pertaining to the deceased.
From
the Pennsylvania Freedom of Information
Coalition
Denied: A request to Allegheny County from the executor of a woman's estate for all county records pertaining to the deceased.
The county had denied the request on the basis that the woman in question was a recipient of Area Agency on Aging social services, that the request was insufficiently specific, and that the records in question were subject to the Older Adults Protective Services Act.
The Office of Open Records determined that the request was sufficiently specific for the county to discern what records were being requested, and so did not allow that reason for denial to stand.
However, it did find that the records were protected from disclosure under both the statutory exception – another law applies – and two separate exceptions under the Right to Know Law: the exception protecting the records of a social service recipient and the exception protection investigative records.
Nernberg vs. Allegheny County -- AP 2009-0178
Denied: A request to Allegheny County from the executor of a woman's estate for all county records pertaining to the deceased.
The county had denied the request on the basis that the woman in question was a recipient of Area Agency on Aging social services, that the request was insufficiently specific, and that the records in question were subject to the Older Adults Protective Services Act.
The Office of Open Records determined that the request was sufficiently specific for the county to discern what records were being requested, and so did not allow that reason for denial to stand.
However, it did find that the records were protected from disclosure under both the statutory exception – another law applies – and two separate exceptions under the Right to Know Law: the exception protecting the records of a social service recipient and the exception protection investigative records.
Nernberg vs. Allegheny County -- AP 2009-0178