Correlation between coronavirus and overdose deaths

April 30, 2024

Your FOIA request was emailed to arshon.howard@delaware.gov on April
30, 2024 with the following information:

REQUEST FOR PUBLIC RECORDS
PURSUANT TO THE DELAWARE FREEDOM OF INFORMATION ACT
29 Del. C. ch. 100

Jonathan Rudenberg

MuckRock News 263 Huntington Ave DEPT MR162797 Boston, MA 02115

(617) 299-8132

requests@muckrock.com

RECORDS REQUESTED: (Be as specific as you can, describing types of
records, dates, parties to correspondence, subject matter, etc. The
public body will make every reasonable effort to assist you in
identifying the record being sought. Requests for voluminous records
may be delayed.)
To Whom It May Concern: Pursuant to the Delaware Freedom of
Information Act, I hereby request the following records: We are
requesting death records dating from January 1, 2019, to the date this
request is ultimately fulfilled, with the following information for
each case:

- Decedent name
- Case number
- Date of death

- Location of death
- Race
- Ethnicity
- Age
- Gender

- Occupation/industry
- Whether injury/infection occurred at
work
- Incident location (street address, city, state, ZIP where
injury/infection occurred)
- Incident date
- Decedent residence
(street address, city, state, ZIP)
- Cause(s) of death (indicating
if overdose related) - Cause(s) of death (indicating if COVID related)

- Contributing factors
- Any other accessible, non-exempt
information contained in electronic case records

This request is
part of a study of the correlations between the Coronavirus pandemic
and overdose rates and is intended for educational, not commercial
use. The requested documents will be made available to the general
public, and this request is not being made for commercial purposes. In
the event that there are fees, I would be grateful if you would inform
me of the total charges in advance of fulfilling my request. I would
prefer the request filled electronically, by e-mail attachment if
available or CD-ROM if not. Thank you in advance for your anticipated
cooperation in this matter. I look forward to receiving your response
to this request within 15 business days, as the statute requires.
Sincerely, Jonathan Rudenberg, a citizen of Delaware, in coordination
with A. Solovyova.
There may be costs involved in responding to your request. The public
body can require you to examine the records at the office of the
public body. Refer to the public body’s policy or regulations for
information about costs and access to records.
Please contact if cost are greater than 25.00
*Within 15 business days from receipt of your request the public body
must either provide you with access to the records, deny your request,
or state that additional time is needed

NOTICE: Under Delaware’s Freedom of Information Act, 29 Del. C.
§§ 10001-10007 (“FOIA”), a FOIA request or petition, along with
any information contained therein or any documents attached thereto,
submitted to any “public body” subject to FOIA, including, without
limitation, any board, bureau, commission, department, agency or
committee of the State, may itself be deemed a “public record”
subject to disclosure under FOIA.

Good Morning,

This email is to acknowledge that your request was received by the Delaware Department of Safety and Homeland Security (DSHS). Please note that FOIA allows access to public records. See 29 Del. C. §10002 (definition of “public record” and specific exemptions) and 29 Del. C. § 10003 (setting forth FOIA request procedures). Your request has been sent for legal review. We will provide an additional update in approximately three weeks.

By email dated April 30, you made a request under the Delaware Freedom of Information Act (FOIA) for death records dating from January 1, 2019, to the date this request is ultimately fulfilled, with the following information for each case.

The Department of Safety and Homeland Security (DSHS) has reviewed your Freedom of Information Act (FOIA) request and determined that it is exempt under the following exemptions. First, an autopsy report including the cause and manner of death determination is not a public document. Delaware law is clear that post-mortem reports prepared by the Division of Forensic Science pursuant to statute are investigative files that are exempt from the definition of a public record under FOIA. See Att’y Gen. Op. 15-IB13; Del. Op. Atty. Gen. 05-IB16; Lawson v. Meconi, 897 A.2d 740, **745-47 (Del. 2006) (information contained in a death certificate or autopsy report, once created, otherwise remains protected); Del. Op. Att’y Gen. 15- IB13 (Dec. 29, 2015); Del. Op. Att’y Gen. 05-IB16 (June 22, 2005) (post-mortem reports prepared by the Division of Forensic Science pursuant to statute are investigative files that are exempt from the definition of a public record under FOIA); 29 Del. Ch. 47; 16 Del. C. §§1210-13, 3110. Secondly, investigatory files compiled for civil or criminal law-enforcement purposes and are exempt from FOIA pursuant to 29 Del. C. § 10002(o)(3), 29 Del. C. § 10002(o)(6) (personal privacy and Health Insurance Portability and Accountability Act of 1996), and 11 Del. C. Ch. 85 and 86. Finally, all public bodies are only required to comply with FOIA when the requesting party is a citizen of the State of Delaware. See McBurney v. Young, 569 U.S. 221 (2013); see also Del. Op. of the Attn’y Gen. 16-IB20 (Sept. 30, 2016).

The Department of Safety and Homeland Security considers this request closed.

As a courtesy you can review Division of Public Health (DPH)'s My Healthy Community Portal for public information related to deaths in Delaware. https://myhealthycommunity.dhss.delaware.gov/home
Regards,

Arshon Howard
DSHS FOIA Coordinator