Michelle Sienkiewicz et al. v. Kristine D. Ragaglia et al. (2011)

MEMORANDUM OF DECISION MOTION TO SEAL RE MOTION TO DISMISS

The defendants in the above-listed matter have jointly filed a Motion to seal a Motion to Dismiss along with any and all documents filed in support of a motion to dismiss, including the supporting Memorandum of Law.¹ The motion is filed pursuant to Practice Book §§ 7–4B, 7–4C and 11–20A.   The defendants are Kristine Ragaglia, former Commissioner of the Department of Children and Families (“DCF”), Robert W. Murphy, DCF social worker, Ileana Vasquez, DCF Program Supervisor, Christine Lupke, DCF Investigation Supervisor and Aleta Markham, DCF social worker.   The plaintiffs are Michele Sienkiewicz, and Craig Sienkiewicz, individually, and Michelle Sienkiewicz and Craig Sienkiewicz, as parents of their minor children Kevin Sienkiewicz and Justin Sienkiewicz.²  The plaintiffs' complaint and Amended Complaint, which have not been requested to be sealed, reveal that the subject action is brought against the defendants as a result of an investigation by the defendants against the plaintiff parents for suspected child abuse of their minor son Kevin Sienkiewicz, who was born on January 4, 2000.³  The time period involved was from February 21, 2000 through May 3, 2000.   As a result of the investigation by the DCF defendants, both minor children were removed from their parents' home and custody.   Justin Sienkiewicz was placed in the home of his maternal aunt, and his brother, Kevin Sienkiewicz, age three, was placed in the custody of a foster family.   These placements of the minor children were the result of an ex-parte temporary custody order issued by the Juvenile Court in Danbury on February 25, 2000, following a 96–hour hold on the newborn child Kevin Sienkiewicz by DCF social worker Linda Pappalardo of the DCF Hotline.   These events were subsequent to an investigation by the Newtown Police Department which resulted in no charges being filed against the parents, Craig Sienkiewicz and Michelle Sienkiewicz.   On February 25, 2000, the DCF also filed co-terminous petitions with the Danbury Juvenile Court seeking the termination of Craig and Michelle Sienkiewicz's parental rights regarding their sons, Kevin and Justin Sienkiewicz.

A contested hearing regarding the Order of Temporary Custody was held in the Juvenile Court on fifteen various dates from March 29, 2000 through May 3, 2000.   Experts for the plaintiff parents testified that the rib fractures to Kevin Sienkiewicz occurred at the time of his birth, as a result of the delivery procedures.   On May 3, 2000, the court (Eveleigh, J.) dismissed the Order of Temporary Custody, finding that there was no evidence that the minor Justin Sienkiewicz ever sustained any physical injury and “was not in any danger from returning to his home,” and that if Kevin Sienkiewicz was injured in any incident other than at child birth, it was by means of an accident.   Thereafter, the DCF appealed the court's ruling to the Connecticut Appellate Court on May 4, 2000.   On June 16, 2000, the Juvenile Court dismissed the DCF's petitions for neglect and termination of parental rights.   On or about October 5, 2000, the DCF withdrew its appeals.   The plaintiffs allege that they expended in excess of $120,000 from their personal funds to defend the case in the Danbury Juvenile Court.

Thereafter, on April 8, 2003, the plaintiffs filed suit against the defendants in the Judicial District of Fairfield at Bridgeport.⁴  This matter was dismissed without trial by the court on February 13, 2009 for what the plaintiffs allege in the present complaint was “a lack of subject matter jurisdiction.”   The plaintiffs filed an appeal of the dismissal, but withdrew their appeal on December 3, 2009.   Thereafter, the plaintiffs filed the subject action alleging that they are permitted to do so pursuant to General Statutes § 52–592, for an “accidental failure of suit.”   In the subject action dated February 11, 2010, bearing a return date of April 6, 2010, the plaintiffs claim intentional infliction of emotional distress, common law vexatious litigation, vexatious litigation pursuant to General Statutes § 52–568, violation of federal civil rights pursuant to 42 USC, section 1983, violation of Article I, Sections 7 and 9 of the Connecticut Constitution, slander and defamation of character.   The plaintiffs seek monetary damages, punitive and exemplary damages, court costs and attorney fees.   They also seek a mandatory injunction ordering the defendants to expunge all DCF records reflecting or relating to the incidents.

On May 6, 2010, the plaintiffs filed an Amended Complaint, which is now the operative complaint.   On June 29, 2010, the plaintiffs withdrew their claim for relief regarding the issuance of a mandatory injunction.   On August 9, 2010, the court held a hearing concerning the defendants' motion to file under seal a Motion to Dismiss and their supporting memorandum of law and supporting materials.   The purported supporting materials refer to and include juvenile court decisions and other records associated with those proceedings, which are deemed confidential pursuant to statute.⁵

As provided for in Practice Book §§ 7–4B ⁶ and 7–4C,⁷ defendants lodged with the court the non-redacted Motion to Dismiss and a non-redacted Memorandum of Law in support of the Motion to Dismiss, as well as non-redacted exhibits from Juvenile Court proceedings.   The plaintiff has not filed any objection to the defendants' Motion to Seal the Motion to Dismiss and has not offered any objection during oral argument before the court.   Pursuant to Practice Book § 11–20A(e), the public was notified of the time and place of the hearing on the motion to seal.   No member of the public attended the hearing.⁸

Thereafter, the court, on November 30, 2010, issued an order to the parties to appear for further oral argument “to inform the court as to what types of records are anticipated to be the subject of any sealing order, given the materials and information that are presently in the public domain by way of the plaintiffs' Complaint and Amended Complaint.”   Further oral argument was held on January 18, 2011 at the Judicial District of Ansonia–Milford at Milford.⁹  Again, the plaintiffs offered no objection to the defendants' Motion to Seal, and no member of the public attended to offer any objection.

I

Standard of Law Re:  Sealing of Record

In support of its motion, the defendants contend that portions of the record (Motion to Dismiss and the accompanying memorandum of law in and related exhibits) contain confidential information.¹⁰  Practice Book § 11–20A(a) provides, that “[e]xcept as otherwise provided by law, there shall be a presumption that documents filed with the court shall be available to the public.”   According to Practice Book § 11–20A(b), “the judicial authority shall not order that any files, affidavits, documents, or other materials on file with the court or filed in connection with a court proceeding be sealed or their disclosure limited,” unless, pursuant to § 11–20A(c), “the judicial authority concludes that such order is necessary to preserve an interest which is determined to override the public's interest in viewing such materials.”

“The presumption of openness of court proceedings ․ is a fundamental principle of our judicial system ․ This policy of openness is not to be abridged lightly.   In fact, the legislature has provided for very few instances in which it has determined that, as a matter of course, certain privacy concerns outweigh the public's interest in open judicial proceedings ․ The right to have documents sealed is not a right the parties have as against each other;  the court must determine the question as against the demands of the public interest.”  (Citation omitted;  internal quotation marks omitted.)   Bank of New York v. Bell, 120 Conn.App. 837, 846, 993 A.2d 1022, appeal dismissed, 298 Conn. 917 (2010).  “For matters that do not fall within the statutory exceptions and for which sealing is requested, the trial court must consider whether a substantial privacy interest exists to override the public's interest in open judicial proceedings.”  (Internal quotation marks omitted.)   Id.

“[Practice Book] § 11–20A codifies the common-law presumption of public access to judicial documents, meaning any document filed with the court that the court reasonably could rely on in support of its adjudicatory function.”   Rosado v. Bridgeport Roman Catholic Diocesan Corp., 292 Conn. 1, 30, 970 A.2d 656, cert. denied sub nom.  Bridgeport Roman Catholic Diocesan Corp. v. New York Times Co., 130 S.Ct. 500, 175 L.Ed.2d 348 (2009).   Here, it is undisputed that the defendant intends for a court to rely on the documents from prior juvenile court proceedings which the defendant proposes to seal, when the court adjudicates the Motion to Dismiss.¹¹  Accordingly, these documents would be judicial documents.   See Rosado v. Bridgeport Roman Catholic Diocesan Corp., supra, 292 Conn. 46.

II

Discussion

In addressing whether to seal the defendant's motion to dismiss the court proceeds under the presumption that the victim's juvenile records should remain confidential.  In Re Sheldon G., 216 Conn. 563, 571, 583 A.2d 112 (1990);  see also In re Brianna B., 66 Conn.App. 695, 699, 785 A.2d 1189 (2001);  State v. Streater, 36 Conn.App. 345, 351, 650 A.2d 632 (1994), cert. denied, 232 Conn. 908, 653 A.2d 195 (1995).   A brief summary of several relevant statutes also confirms the confidentiality of juvenile proceedings.   General Statutes § 32a–7 provides that “[e]xcept as otherwise provided by statute, all records maintained in juvenile matters brought before the judicial authority, either current or closed, including the transcripts of hearings, shall be kept confidential,” including all materials kept in the “court record.” ¹²  Materials cannot be copied or reproduced in written form without judicial consent.   However, § 32a–7(c) provides that “[e]ach counsel in a child protection matter shall have access to and be entitled to copies, at his or her expense, of the entire court record, including transcripts of all proceedings, without the express consent of the judicial authority.”

General Statutes § 46b–124, as amended recently by Public Act § 10–43,¹³ also provides for the confidentiality of records in juvenile matters with exceptions.¹⁴  The listed exceptions include among other provisions that the records shall be available to the attorney representing the child or youth and the “parents or guardian of the child or youth until such time as the child or youth reaches the age of majority or becomes emancipated.”   Therefore, the records of the juvenile court proceedings are available to the plaintiff parents, the minor plaintiffs and their attorney.  General Statutes § 46b–124(b)(H) provides that the records of juvenile court proceedings shall be available to the Department of Children and Families.¹⁵  General Statutes § 17a–28, as amended by Public Acts 10–44 ¹⁶ and 10–93,¹⁷ sets forth the provisions regarding the confidentiality of and access to the records of the Department of Children and Families records and the exceptions thereto.   The provisions of Public Act 10–44, as further amended by Public Act 10–93, clearly provide that the plaintiff parents, the minor children and their attorney have access to the plaintiffs' records maintained by the DCF. However, the DCF records remain confidential and shall not be disclosed, with certain exceptions, to others unless the department receives written consent from the person whose records are at issue.¹⁸  Public Act 10–144(g)(5) also permits disclosure of DCF records to the Attorney General or any assistant attorney general providing legal counsel for the department.¹⁹

In determining the merits of the subject motion to seal the court must balance the presumption of confidentiality surrounding juvenile court records and DFC records against the presumption of public access to judicial documents, meaning any document filed with the court that the court reasonably could rely on in support of its adjudicatory function.   In doing so, the court has reviewed the documents that the defendants wish to seal and compared that to the information surrounding the plaintiffs' claims that is already in the public domain.

Neither the plaintiffs or the defendants requested that any documents filed in the 2003 action, Sienkiewicz v. Ragaglia, Superior Court, judicial district of Fairfield at Bridgeport, CV03 0401770, be sealed.   The plaintiffs' complaint in that action is very similar to the complaint in the present action.   Both complaints set forth the names of the parties, including the minor plaintiffs.   The complaints set forth the dates of birth of the minors and the addresses of each of the plaintiffs.   Each complaint, by way of the plaintiffs' various allegations, detail the actions of the DCF;  the medical treatment of the minors;  and the names of medical facilities and medical providers.   The complaints outline in detail the course of the proceedings in the juvenile court, and even quote verbatim the decision of Judge Eveleigh, which was rendered after hearings in the Danbury Juvenile Court.   The complaints also set forth the postjudgment proceedings including appeals to the Appellate Court and subsequent withdrawals of appeals.   It is noted that every document filed in the proceedings in CV03 0401770 is in the public domain and are open to public inspection.

A review of the written decision of Judge Matasavage regarding a motion to dismiss and the written decision by Judge Radcliffe regarding a Motion to Strike, reveal that each judge discussed documents that the defendants now request the court to seal, as well as, the identities of parties and medical providers.²⁰  Judge Radcliffe's decision, especially, discusses in detail (1) medical evidence;  (2) DCF's grounds for neglect and termination of parental rights;  (3) the juvenile court proceedings;  and (4) Judge Eveleigh's decision dismissing the DCF's petitions and ordering that the minor children be returned to the plaintiff parents.   Both Judge Radcliffe's and Judge Matasavage's written decisions are in the public domain.

Based upon the review of the record in Sienkiewicz v. Ragaglia, Superior Court, judicial district of Fairfield at Bridgeport, CV03 0401770, the court finds that the vast majority of the information contained in the documents that the defendants now want sealed has already been made public by the actions of the plaintiffs, the defendants and the written decisions of Judges Matasavage and Radcliffe.   No useful purpose would be served by now “locking the barn door after the horses have fled.”   Additionally, it would be impossible for the court to render a future memorandum of decision on the pending motion to dismiss and not comment on the juvenile court records and DCF records, just as Judges Matasavage and Radcliffe were compelled to do.

Accordingly, the court finds a substantial privacy interest no longer exists to override the public's interest in open judicial proceedings.  Bank of New York v. Bell, supra, 120 Conn.App. 846.   There is a presumption of public access to judicial documents, meaning any documented with the court that the court reasonably could rely on in support of its adjudicatory function.   Rosado v. Bridgeport Roman Catholic Diocesan Corp., supra, 292 Conn. 30.   Here, it is undisputed that the defendant intends for a court to rely on the documents from prior juvenile court proceedings which the defendant proposes to seal, when the court adjudicates the Motion to Dismiss.   These documents are judicial documents and shall remain unsealed.   See. Id., 246.

III

CONCLUSION

For the foregoing reasons, the defendant's motion to seal is denied.

1. Pursuant to Practice Book § 7–4B(d), since the court has denied the motion to seal, “the clerk shall either (1) return the lodged record to the submitting party and shall not place it in the court file or (2) upon written request of the submitting party retain the record as a lodged record ․ ²¹ Any request for the court to retain the record shall be made in writing to the Clerk's Office by March 23, 2011.   If no request to retain the record is made by March 23, 2011, the defendant shall -contact the Court Officer to make arrangements to retrieve the lodged record.

2. If the defendant wishes to file an unredacted Motion to Dismiss and an accompanying Memorandum of law it shall be filed by March 25, 2011.   In that event, the court will consider the un-redacted memorandum instead of that which was filed in redacted form.²²

THE COURT

By Judge Richard E. Arnold

FOOTNOTES

FN1. Documents include transcript copies of Juvenile Court proceedings, affidavits, medical record copies and other documents filed in and relating to the Juvenile Court proceedings..  FN1. Documents include transcript copies of Juvenile Court proceedings, affidavits, medical record copies and other documents filed in and relating to the Juvenile Court proceedings.

FN2. There was no request by the plaintiffs to proceed by use of pseudonyms pursuant to Practice Book Sec. 11–20A(h)(1)(2)(3) and (4)..  FN2. There was no request by the plaintiffs to proceed by use of pseudonyms pursuant to Practice Book Sec. 11–20A(h)(1)(2)(3) and (4).

FN3. The claims of suspected abuse were initiated by the pediatrician for Kevin Sienkiewicz after chest x-rays on February 21, 2000 revealed bi-lateral and posterior rib fractures in the seven-week-old infant.   On the same date x-rays were also taken of the minor Justin Sienkiewicz.   The results showed no fractures, past or present..  FN3. The claims of suspected abuse were initiated by the pediatrician for Kevin Sienkiewicz after chest x-rays on February 21, 2000 revealed bi-lateral and posterior rib fractures in the seven-week-old infant.   On the same date x-rays were also taken of the minor Justin Sienkiewicz.   The results showed no fractures, past or present.

FN4. The matter was assigned Docket No. FBT–CV03 0401770 S..  FN4. The matter was assigned Docket No. FBT–CV03 0401770 S.

FN5. The defendants and the plaintiffs have jointly filed a separate Motion for Permission to Use Juvenile Matter Records, which is dated June 30, 2010.   The court's decision regarding that motion will be considered in a separate Memorandum of Decision..  FN5. The defendants and the plaintiffs have jointly filed a separate Motion for Permission to Use Juvenile Matter Records, which is dated June 30, 2010.   The court's decision regarding that motion will be considered in a separate Memorandum of Decision.

FN6. Sec. 7–4B. Motion to File Record under Seal.(a) As used in this section, “record” means any affidavit, document, or other material.(b) A party filing a motion requesting that a record be filed under seal or that its disclosure be limited shall lodge the record with the court pursuant to Section 7–4C when the motion is filed, unless the judicial authority, for good cause shown, orders that the record need not be lodged.   The motion must be accompanied by an appropriate memorandum of law to justify the sealing or limited disclosure.(c) If necessary to prevent disclosure, the motion, any objection thereto, and any supporting records must be filed in a public redacted version and lodged in a non-redacted version conditionally underseal.(d) If the judicial authority denies the motion to seal or to limit disclosure, the clerk shall either (1) return the lodged record to the submitting party and shall not place it in the court file or (2) upon written request of the submitting party retain the record as a lodged record so that in the event the submitted party appeals the denial of the motion, the lodged record can be part of the record on appeal of the final judgment in the case.   In the latter event or if the judicial authority grants the motion, the clerk shall follow the procedure set forth in Section 7–4C(e).   If the lodged record is retained pursuant to (2) above, the clerk shall return it to the submitting party or destroy it upon the expiration of the appeal period if no appeal has been filed..  FN6. Sec. 7–4B. Motion to File Record under Seal.(a) As used in this section, “record” means any affidavit, document, or other material.(b) A party filing a motion requesting that a record be filed under seal or that its disclosure be limited shall lodge the record with the court pursuant to Section 7–4C when the motion is filed, unless the judicial authority, for good cause shown, orders that the record need not be lodged.   The motion must be accompanied by an appropriate memorandum of law to justify the sealing or limited disclosure.(c) If necessary to prevent disclosure, the motion, any objection thereto, and any supporting records must be filed in a public redacted version and lodged in a non-redacted version conditionally underseal.(d) If the judicial authority denies the motion to seal or to limit disclosure, the clerk shall either (1) return the lodged record to the submitting party and shall not place it in the court file or (2) upon written request of the submitting party retain the record as a lodged record so that in the event the submitted party appeals the denial of the motion, the lodged record can be part of the record on appeal of the final judgment in the case.   In the latter event or if the judicial authority grants the motion, the clerk shall follow the procedure set forth in Section 7–4C(e).   If the lodged record is retained pursuant to (2) above, the clerk shall return it to the submitting party or destroy it upon the expiration of the appeal period if no appeal has been filed.

FN7. Sec. 7–4C. Lodging a Record(a) A “lodged” record is a record that is temporarily placed or deposited with the court but not filed.(b) A party who moves to file a record under seal or to limit its disclosure shall put the record in a manila envelope or other appropriate container, seal the envelope or container, and lodge it with the court.(c) The party submitting the lodged record must affix to the envelope or container a cover sheet that contains the case caption and docket number, the words “Conditionally Under Seal,” the name of the party submitting the record and a statement that the enclosed record is subject to a motion to file the record under seal.(d) Upon receipt of a record lodged under this section, the clerk shall note on the affixed cover sheet the date of its receipt and shall retain but not file the record unless the court orders it filed.(e) If the judicial authority grants the motion to seal the record or to limit its disclosure, the clerk shall prominently place on the envelope or container the words “SEALED BY ORDER OF THE COURT ON (DATE)” or “DISCLOSURE LIMITED BY ORDER OF THE COURT ON (DATE),” as appropriate, and shall affix to the envelope or container a copy of the court's order and the public redacted version of the motion.   If the judicial authority denies the motion and the submitting party requests in writing that the record be retained as a lodged record, the clerk shall prominently place on the envelope or container the words “MOTION DENIED, RETAIN AS LODGED RECORD” and shall affix to the envelope or container a copy of the court's order and the public redacted version of the motion..  FN7. Sec. 7–4C. Lodging a Record(a) A “lodged” record is a record that is temporarily placed or deposited with the court but not filed.(b) A party who moves to file a record under seal or to limit its disclosure shall put the record in a manila envelope or other appropriate container, seal the envelope or container, and lodge it with the court.(c) The party submitting the lodged record must affix to the envelope or container a cover sheet that contains the case caption and docket number, the words “Conditionally Under Seal,” the name of the party submitting the record and a statement that the enclosed record is subject to a motion to file the record under seal.(d) Upon receipt of a record lodged under this section, the clerk shall note on the affixed cover sheet the date of its receipt and shall retain but not file the record unless the court orders it filed.(e) If the judicial authority grants the motion to seal the record or to limit its disclosure, the clerk shall prominently place on the envelope or container the words “SEALED BY ORDER OF THE COURT ON (DATE)” or “DISCLOSURE LIMITED BY ORDER OF THE COURT ON (DATE),” as appropriate, and shall affix to the envelope or container a copy of the court's order and the public redacted version of the motion.   If the judicial authority denies the motion and the submitting party requests in writing that the record be retained as a lodged record, the clerk shall prominently place on the envelope or container the words “MOTION DENIED, RETAIN AS LODGED RECORD” and shall affix to the envelope or container a copy of the court's order and the public redacted version of the motion.

FN8. Practice Book Sec. 11–20A.   Sealing Files or Limiting Disclosure of Documents in Civil Cases reads in relevant parts as follows:(a) Except as otherwise provided by law, there shall be a presumption that documents filed with the court shall be available to the public.(b) Except as provided in this section and except as otherwise provided by law, including Section 13–5, the judicial authority shall not order that any files, affidavits, documents, or other materials on file with the court or filed in connection with a court proceeding be sealed or their disclosure limited.(c) Upon written motion of any party, or upon its own motion, the judicial authority may order that files, affidavits, documents, or other materials on file or lodged with the court or in connection with a court proceeding be sealed or their disclosure limited only if the judicial authority concludes that such order is necessary to preserve an interest which is determined to override the public's interest in viewing such materials.   The judicial authority shall first consider reasonable alternatives to any such order and any such order shall be no broader than necessary to protect such overriding interest.   An agreement of the parties to seal or limit the disclosure of documents on file with the court or filed in connection with a court proceeding shall not constitute a sufficient basis for the issuance of such an order.(d) In connection with any order issued pursuant to subsection (c) of this section, the judicial authority shall articulate the overriding interest being protected and shall specify its findings underlying such order and the duration of such order.   If any findings would reveal information entitled to remain confidential, those findings may be set forth in a sealed portion of the record.   The time, date, scope and duration of any such order shall be set forth in a writing signed by the judicial authority which upon issuance the court clerk shall immediately enter in the court file and publish by posting both on the judicial branch website and on a bulletin board adjacent to the clerk's office and accessible to the public.   The judicial authority shall order that a transcript of its decision be included in the file or prepare a memorandum setting forth the reasons for its order.(e) Except as otherwise ordered by the judicial authority, a motion to seal or limit the disclosure of affidavits, documents, or other materials on file or lodged with the court or in connection with a court proceeding shall be calendared so that notice to the public is given of the time and place of the hearing on the motion and to afford the public an opportunity to be heard on the motion under consideration.   The procedures set forth in Sections 7–4B and 7–4C shall be followed in connection with a motion to file affidavits, documents or other materials under seal or to limit their disclosure.(f)(1) A motion to seal the contents of an entire court file shall be placed on the short calendar to be held not less than fifteen days following the filing of the motion, unless the judicial authority otherwise directs, so that notice to the public is given of the time and place of the hearing on the motion and to afford the public an opportunity to be heard on the motion under consideration.   The procedures set forth in Sections 7–4B and 7–4C shall be followed in connection with such motion.(2) The judicial authority may issue an order sealing the contents of an entire court file only upon a finding that there is not available a more narrowly tailored method of protecting the overriding interest, such as redaction, sealing a portion of the file or authorizing the use of pseudonyms.   The judicial authority shall state in its decision or order each of the more narrowly tailored methods that was considered and the reason each such method was unavailable or inadequate.(g) With the exception of any provision of the General Statutes under which the court is authorized to seal or limit the disclosure of files, affidavits, documents, or other materials, whether at a pretrial or trial stage, any person affected by a court order that seals or limits the disclosure of any files, documents or other materials on file with the court or filed in connection with a court proceeding, shall have the right to the review of such order by the filing of a petition for review with the appellate court within seventy-two hours from the issuance of such order.   Nothing under this subsection shall operate as a stay of such sealing order.* * * *(i) The provisions of this section shall not apply to settlement conferences or negotiations or to documents submitted to the court in connection with such conferences or negotiations.   The provisions of this section shall apply to settlement agreements which have been filed with the court or have been incorporated into a judgment of the court.(j) When placed on a short calendar, motions filed under this rule shall be listed in a separate section titled “Motions to Seal or Close” and shall also be listed with the time, date and place of the hearing on the judicial branch website.   A copy of the short calendar page containing the aforesaid section shall, upon issuance of the short calendar, be posted on a bulletin board adjacent to the clerk's office and accessible to the public..  FN8. Practice Book Sec. 11–20A.   Sealing Files or Limiting Disclosure of Documents in Civil Cases reads in relevant parts as follows:(a) Except as otherwise provided by law, there shall be a presumption that documents filed with the court shall be available to the public.(b) Except as provided in this section and except as otherwise provided by law, including Section 13–5, the judicial authority shall not order that any files, affidavits, documents, or other materials on file with the court or filed in connection with a court proceeding be sealed or their disclosure limited.(c) Upon written motion of any party, or upon its own motion, the judicial authority may order that files, affidavits, documents, or other materials on file or lodged with the court or in connection with a court proceeding be sealed or their disclosure limited only if the judicial authority concludes that such order is necessary to preserve an interest which is determined to override the public's interest in viewing such materials.   The judicial authority shall first consider reasonable alternatives to any such order and any such order shall be no broader than necessary to protect such overriding interest.   An agreement of the parties to seal or limit the disclosure of documents on file with the court or filed in connection with a court proceeding shall not constitute a sufficient basis for the issuance of such an order.(d) In connection with any order issued pursuant to subsection (c) of this section, the judicial authority shall articulate the overriding interest being protected and shall specify its findings underlying such order and the duration of such order.   If any findings would reveal information entitled to remain confidential, those findings may be set forth in a sealed portion of the record.   The time, date, scope and duration of any such order shall be set forth in a writing signed by the judicial authority which upon issuance the court clerk shall immediately enter in the court file and publish by posting both on the judicial branch website and on a bulletin board adjacent to the clerk's office and accessible to the public.   The judicial authority shall order that a transcript of its decision be included in the file or prepare a memorandum setting forth the reasons for its order.(e) Except as otherwise ordered by the judicial authority, a motion to seal or limit the disclosure of affidavits, documents, or other materials on file or lodged with the court or in connection with a court proceeding shall be calendared so that notice to the public is given of the time and place of the hearing on the motion and to afford the public an opportunity to be heard on the motion under consideration.   The procedures set forth in Sections 7–4B and 7–4C shall be followed in connection with a motion to file affidavits, documents or other materials under seal or to limit their disclosure.(f)(1) A motion to seal the contents of an entire court file shall be placed on the short calendar to be held not less than fifteen days following the filing of the motion, unless the judicial authority otherwise directs, so that notice to the public is given of the time and place of the hearing on the motion and to afford the public an opportunity to be heard on the motion under consideration.   The procedures set forth in Sections 7–4B and 7–4C shall be followed in connection with such motion.(2) The judicial authority may issue an order sealing the contents of an entire court file only upon a finding that there is not available a more narrowly tailored method of protecting the overriding interest, such as redaction, sealing a portion of the file or authorizing the use of pseudonyms.   The judicial authority shall state in its decision or order each of the more narrowly tailored methods that was considered and the reason each such method was unavailable or inadequate.(g) With the exception of any provision of the General Statutes under which the court is authorized to seal or limit the disclosure of files, affidavits, documents, or other materials, whether at a pretrial or trial stage, any person affected by a court order that seals or limits the disclosure of any files, documents or other materials on file with the court or filed in connection with a court proceeding, shall have the right to the review of such order by the filing of a petition for review with the appellate court within seventy-two hours from the issuance of such order.   Nothing under this subsection shall operate as a stay of such sealing order.* * * *(i) The provisions of this section shall not apply to settlement conferences or negotiations or to documents submitted to the court in connection with such conferences or negotiations.   The provisions of this section shall apply to settlement agreements which have been filed with the court or have been incorporated into a judgment of the court.(j) When placed on a short calendar, motions filed under this rule shall be listed in a separate section titled “Motions to Seal or Close” and shall also be listed with the time, date and place of the hearing on the judicial branch website.   A copy of the short calendar page containing the aforesaid section shall, upon issuance of the short calendar, be posted on a bulletin board adjacent to the clerk's office and accessible to the public.

FN9. While the subject matter was filed in and is presently pending in the Judicial District of Fairfield at Bridgeport, oral argument was held in Milford, due to the court's current assignment as a judge in the Ansonia–Milford Judicial District..  FN9. While the subject matter was filed in and is presently pending in the Judicial District of Fairfield at Bridgeport, oral argument was held in Milford, due to the court's current assignment as a judge in the Ansonia–Milford Judicial District.

FN10. It is noted that several of the exhibits that have been submitted under seal by the defendants include a copy of the complaint in Sienkiewicz v. Ragaglia, Superior Court, judicial district of Fairfield at Bridgeport, CV03 0401770;  a memorandum of decision regarding a Motion to Dismiss, Sienkiewicz v. Ragaglia, Superior Court, judicial district of Fairfield at Bridgeport, CV03 0401770 (April 3, 2007, Matasavage, J.);   a Memorandum of Decision regarding a Motion to Strike, Sienkiewicz v. Ragaglia, Superior Court, judicial district of Fairfield at Bridgeport, CV03 0401770 (May 5, 2008, Radcliffe, J.);   and copies of several decisions on the subject matter authored by various judges of the Superior Court.   All of these documents can presently be viewed by the public in person or electronically.   Other exhibits include juvenile court documents, medical records and physicians' reports..  FN10. It is noted that several of the exhibits that have been submitted under seal by the defendants include a copy of the complaint in Sienkiewicz v. Ragaglia, Superior Court, judicial district of Fairfield at Bridgeport, CV03 0401770;  a memorandum of decision regarding a Motion to Dismiss, Sienkiewicz v. Ragaglia, Superior Court, judicial district of Fairfield at Bridgeport, CV03 0401770 (April 3, 2007, Matasavage, J.);   a Memorandum of Decision regarding a Motion to Strike, Sienkiewicz v. Ragaglia, Superior Court, judicial district of Fairfield at Bridgeport, CV03 0401770 (May 5, 2008, Radcliffe, J.);   and copies of several decisions on the subject matter authored by various judges of the Superior Court.   All of these documents can presently be viewed by the public in person or electronically.   Other exhibits include juvenile court documents, medical records and physicians' reports.

FN11. A hearing on the merits of the Motion to Dismiss will be scheduled at a future date.   The court at this time is only considering the Motion to Seal the Motion to Dismiss, the Memorandum of Law in support of the Motion to Dismiss and related documentation submitted in support of the Motion to Dismiss..  FN11. A hearing on the merits of the Motion to Dismiss will be scheduled at a future date.   The court at this time is only considering the Motion to Seal the Motion to Dismiss, the Memorandum of Law in support of the Motion to Dismiss and related documentation submitted in support of the Motion to Dismiss.

FN12. General Statutes § 32a–7 reads as follows:(a) Except as otherwise provided by statute, all records maintained in juvenile matters brought before the judicial authority, either current or closed, including the transcripts of hearings, shall be kept confidential.(b) Except as otherwise provided by statute, no material contained in the court record, including the social study, medical or clinical reports, school reports, police reports and the reports of social agencies, may be copied or otherwise reproduced in written form in whole or in part by the parties without the express consent of the judicial authority.(c) Each counsel in a child protection matter shall have access to and be entitled to copies, at his or her expense, of the entire court record, including transcripts of all proceedings, without the express consent of the judicial authority..  FN12. General Statutes § 32a–7 reads as follows:(a) Except as otherwise provided by statute, all records maintained in juvenile matters brought before the judicial authority, either current or closed, including the transcripts of hearings, shall be kept confidential.(b) Except as otherwise provided by statute, no material contained in the court record, including the social study, medical or clinical reports, school reports, police reports and the reports of social agencies, may be copied or otherwise reproduced in written form in whole or in part by the parties without the express consent of the judicial authority.(c) Each counsel in a child protection matter shall have access to and be entitled to copies, at his or her expense, of the entire court record, including transcripts of all proceedings, without the express consent of the judicial authority.

FN13. Public Act 10–43 repealed Subsection (d) of § 46b–124, which relates to records of cases of juvenile matters involving delinquency proceedings and their availability..  FN13. Public Act 10–43 repealed Subsection (d) of § 46b–124, which relates to records of cases of juvenile matters involving delinquency proceedings and their availability.

FN14. General Statutes § 46b–124, for the purposes of the issues before the court, reads in relevant parts as follows:(a) For the purposes of this section, ‘records of cases of juvenile matters' includes, but is not limited to, court records, records regarding juveniles maintained by the Court Support Services Division, records regarding juveniles maintained by an organization or agency that has contracted with the Judicial Branch to provide services to juveniles, records of law enforcement agencies including fingerprints, photographs and physical descriptions, and medical, psychological, psychiatric and social welfare studies and reports by juvenile probation officers, public or private institutions, social agencies and clinics.(b) All records of cases of juvenile matters, as provided in section 46b–121, except delinquency proceedings, or any part thereof, and all records of appeals from probate brought to the superior court for juvenile matters pursuant to subsection (b) of section 45a–186, shall be confidential and for the use of the court in juvenile matters, and open to inspection or disclosure to any third party, including bona fide researchers commissioned by a state agency, only upon order of the Superior Court, except that:  ․ (2) such records shall be available to (A) the attorney representing the child or youth, including the Division of Public Defender Services, in any proceeding in which such records are relevant, (B) the parents or guardian of the child or youth until such time as the child or youth reaches the age of majority or becomes emancipated, ․ (E) employees of the Judicial Branch who in the performance of their duties require access to such records, ․ (H) the Department of Children and Families, and (I) the employees of the Commission on Child Protection who in the performance of their duties require access to such records ․ Any records of cases of juvenile matters, or any part thereof, provided to any persons, governmental and private agencies, and institutions pursuant to this section shall not be disclosed, directly or indirectly, to any third party not specified in subsection (d) of this section, except as provided by court order or in the report required under section 54–76d or 54–91a ․.  FN14. General Statutes § 46b–124, for the purposes of the issues before the court, reads in relevant parts as follows:(a) For the purposes of this section, ‘records of cases of juvenile matters' includes, but is not limited to, court records, records regarding juveniles maintained by the Court Support Services Division, records regarding juveniles maintained by an organization or agency that has contracted with the Judicial Branch to provide services to juveniles, records of law enforcement agencies including fingerprints, photographs and physical descriptions, and medical, psychological, psychiatric and social welfare studies and reports by juvenile probation officers, public or private institutions, social agencies and clinics.(b) All records of cases of juvenile matters, as provided in section 46b–121, except delinquency proceedings, or any part thereof, and all records of appeals from probate brought to the superior court for juvenile matters pursuant to subsection (b) of section 45a–186, shall be confidential and for the use of the court in juvenile matters, and open to inspection or disclosure to any third party, including bona fide researchers commissioned by a state agency, only upon order of the Superior Court, except that:  ․ (2) such records shall be available to (A) the attorney representing the child or youth, including the Division of Public Defender Services, in any proceeding in which such records are relevant, (B) the parents or guardian of the child or youth until such time as the child or youth reaches the age of majority or becomes emancipated, ․ (E) employees of the Judicial Branch who in the performance of their duties require access to such records, ․ (H) the Department of Children and Families, and (I) the employees of the Commission on Child Protection who in the performance of their duties require access to such records ․ Any records of cases of juvenile matters, or any part thereof, provided to any persons, governmental and private agencies, and institutions pursuant to this section shall not be disclosed, directly or indirectly, to any third party not specified in subsection (d) of this section, except as provided by court order or in the report required under section 54–76d or 54–91a ․

FN15. “The strong presumption of confidentiality of juvenile records established in 46b–124 and the privacy interests implicated therein justify a narrow construction of the discretion afforded a trial court to release information without the express written consent of the parties concerned.”  In Re Sheldon G., supra, 216 Conn.583..  FN15. “The strong presumption of confidentiality of juvenile records established in 46b–124 and the privacy interests implicated therein justify a narrow construction of the discretion afforded a trial court to release information without the express written consent of the parties concerned.”  In Re Sheldon G., supra, 216 Conn.583.

FN16. Public Act 10–44 § 16, repealed Section 17a–28 of the 2010 supplement to the General Statutes and substituted in lieu thereof the provisions of Public Act 10–44, effective October 1, 2010..  FN16. Public Act 10–44 § 16, repealed Section 17a–28 of the 2010 supplement to the General Statutes and substituted in lieu thereof the provisions of Public Act 10–44, effective October 1, 2010.

FN17. Public Act 10–93, Sec. 11, amended Subsection (g) of section 17a–28 of the 2010 supplement to the General Statutes.  (Effective October 1, 2010.).  FN17. Public Act 10–93, Sec. 11, amended Subsection (g) of section 17a–28 of the 2010 supplement to the General Statutes.  (Effective October 1, 2010.)

FN18. General Statutes § 17a–28(b) provides:(b) Notwithstanding the provisions of section 1–210, 1–211 or 1–213, records maintained by the department shall be confidential and shall not be disclosed, unless the department receives written consent from the person or as provided in this section.   Any unauthorized disclosure shall be punishable by a fine of not more than one thousand dollars or imprisonment for not more than one year, or both.   Any employee of the department who in the ordinary course of such person's employment has reasonable cause to suspect or believe that another employee has engaged in the unauthorized disclosure of records shall report in writing such unauthorized disclosure of records to the commissioner.   The report shall include the name of the person disclosing the information and the nature of the information disclosed and to whom it was disclosed, if known..  FN18. General Statutes § 17a–28(b) provides:(b) Notwithstanding the provisions of section 1–210, 1–211 or 1–213, records maintained by the department shall be confidential and shall not be disclosed, unless the department receives written consent from the person or as provided in this section.   Any unauthorized disclosure shall be punishable by a fine of not more than one thousand dollars or imprisonment for not more than one year, or both.   Any employee of the department who in the ordinary course of such person's employment has reasonable cause to suspect or believe that another employee has engaged in the unauthorized disclosure of records shall report in writing such unauthorized disclosure of records to the commissioner.   The report shall include the name of the person disclosing the information and the nature of the information disclosed and to whom it was disclosed, if known.

FN19. Public Act 10–144(g)(5) reads as follows:(g) When the commissioner or his designee determines it to be in a person's best interest, the commissioner or his designee may disclose records, whether or not created by the department and not otherwise privileged or confidential communications under state or federal law, without the consent of a person to:(5) The Attorney General or any assistant attorney general providing legal counsel for the department..  FN19. Public Act 10–144(g)(5) reads as follows:(g) When the commissioner or his designee determines it to be in a person's best interest, the commissioner or his designee may disclose records, whether or not created by the department and not otherwise privileged or confidential communications under state or federal law, without the consent of a person to:(5) The Attorney General or any assistant attorney general providing legal counsel for the department.

FN20. See n.10 of this decision..  FN20. See n.10 of this decision.

FN21. Practice Book § 7–4B(d) provides:(d) If the judicial authority denies the motion to seal or to limit disclosure, the clerk shall either (1) return the lodged record to the submitting party and shall not place it in the court file or (2) upon written request of the submitting party retain the record as a lodged record so that in the event the submitting party appeals the denial of the motion, the lodged record can be part of the record on appeal of the final judgment in the case.   In the latter event or if the judicial authority grants the motion, the clerk shall follow the procedure set forth in Section 7–4C(e).   If the lodged record is retained pursuant to (2) above, the clerk shall return it to the submitting party or destroy it upon the expiration of the appeal period if no appeal has been filed..  FN21. Practice Book § 7–4B(d) provides:(d) If the judicial authority denies the motion to seal or to limit disclosure, the clerk shall either (1) return the lodged record to the submitting party and shall not place it in the court file or (2) upon written request of the submitting party retain the record as a lodged record so that in the event the submitting party appeals the denial of the motion, the lodged record can be part of the record on appeal of the final judgment in the case.   In the latter event or if the judicial authority grants the motion, the clerk shall follow the procedure set forth in Section 7–4C(e).   If the lodged record is retained pursuant to (2) above, the clerk shall return it to the submitting party or destroy it upon the expiration of the appeal period if no appeal has been filed.

FN22. The matter will appear on short calendar and will be assigned to a judge sitting in the Judicial District of Fairfield at Bridgeport..  FN22. The matter will appear on short calendar and will be assigned to a judge sitting in the Judicial District of Fairfield at Bridgeport.

Arnold, Richard E., J.