23FC:0040: Clyde Hoekstra/Iowa Department of Health and Human Services - Dismissal Order

Date:
05/18/2023

Subject:
Clyde Hoekstra/Iowa Department of Health and Human Services - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:

On March 28, 2023, Clyde Hoekstra filed formal complaint 23FC:0040, alleging that Iowa Department of Health and Human Services (HHS) violated Iowa Code chapter 22.

Mr. Hoekstra alleges that HHS improperly denied his request for “all email records received by any employee of the Iowa Department of Health and Human Services from any employee at [an out of state child placement facility]” from February 7 through March 6, 2023. These records involve a juvenile for whom Mr. Hoekstra served as guardian for a period of time prior to the records request. Mr. Hoekstra has been removed as guardian by the court at his request. Mr. Hoestra asked IPIB to assist him in acquiring the public and private records held by HHS. IPIB’s jurisdiction is only in relation to whether the records are public records under Iowa Code.

In responding to the allegations, HHS stated that it told Mr. Hoekstra on March 15, 2023, that the records he was seeking were confidential under Iowa Code § 217.30(2), which states:

The following information relative to an individual receiving services or assistance from the department shall be held confidential except as otherwise provided in subsection 5: 

a. The name and address of an individual receiving services or assistance from the department, and the type of services or amount of assistance provided.

b. Information concerning the social or economic conditions or circumstances of an individual who is receiving or has received services or assistance from the department.

c. An agency evaluation of information about an individual.

d. Medical or psychiatric data, including diagnosis and past history of disease or disability, concerning an individual.

Subsection 5 allows, with the director of the agency’s permission, for disclosure to law enforcement or other public officials when such disclosure is directly related to administration of the program and services or is necessary for an individual to receive services promoting independence and self-sufficiency.

If the records requested by Mr. Hoekstra include confidential juvenile court records, the disclosure of those portions of Mr. Hoekstra’s request would be further limited by Iowa Code § 232.147.

IPIB only has jurisdiction over whether a public records request has been improperly denied. In this case, Mr. Hoekstra is seeking email communications between a specific out of state care facility and HHS. His request was related to his former position as court-appointed guardian for a minor child. At the time of his request he was no longer the guardian of the minor child.

Were Mr. Hoekstra still the guardian of the minor child, he may be entitled to confidential information related to the child’s care and treatment and information exchanged between HHS and the care facility. But, these records would still retain their confidential nature and would not be subject to disclosure under Iowa Code chapter 22.

In this case, HHS promptly responded to Mr. Hoekstra’s public records request and informed him that the request could not be fulfilled because the records are confidential under Iowa law. There is no violation of Iowa Code chapter 22.

Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. Following a review of the allegations on their face, it is found that this complaint is without merit and does not meet those requirements.

IT IS SO ORDERED:  Formal complaint 23FC:0040 is dismissed as it is legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). The records requested were confidential records and Mr. Hoekstra was promptly notified that the records could not be released as open records under Iowa Code chapter 22.

Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.”  The IPIB will review this Order on April 20, 2023.  Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.

By the IPIB Executive Director

_________________________

Erika Eckley, J.D.