Family & Social Services Administration v. Robert E Saint

Summary

The Indiana Supreme Court held that a White Paper prepared by a private healthcare provider and submitted to a state agency was not exempt from disclosure under the deliberative-material exception to the Access to Public Records Act. The exception requires the material to be advisory or deliberative, to contain opinion or speculation, to be communicated for decision-making, and to be intra-agency, interagency, or prepared by a private contractor under contract with the agency. Because the White Paper originated outside the agency, FSSA failed to meet its burden, and the order requiring disclosure was affirmed.