Georgia Open Records complaint DHS August 2022

Georgia Attorney general Chris Carr

Aug 16 2022 – openrecordsdhs@dhs.ga.gov

Complaint to AG

Good day, I submitted an open records request for files pertaining to myself and my son Billy Blume and Nicholas Blume. I was denied.

On 2.6 2018 my son was taken from my custody, I was never given a copy of anything or seen any warrant signed giving Kristen Head and Brooke Lauren Kersey legal grounds to take my son into custody. I am requesting all files related to my to myself and my son, I am asking this particular incident to be fully investigated by the Attorney Generals office into the removal of my son, 12 at the time from my custody. 

A police officer was present to intimidate me his name was Maurice Kennard. 

My request was sent to openrecordsdhs@dhs.ga.gov and my request was denied. They cited Neglect or exploitation of a child by a parent or caretaker thereof; according to their rejection email 

My son was illegally taken from my custody that day and I am asking for a FULL investigation into this matter.  I need the documents that gave These two expressed legal permission to take my son. They are not willing to provide.

My son was violated in states care, in a group home with adults, he was 12, they placed him in no safe home, these are very bad places, the one on Tera BLVD is one of the homes my son was placed in at 12 years old, it’s a jail style interior. There are many issues surrounding this, I need your help and if you can’t provide help please advise why you can’t do what my tax dollars are paying for you to do. I expect to hear back. I have the police reports and working other angles.

My civil rights were violated by these two DFCS workers and police, I was not afforded a lawyer before any questioning, I was never mirandized, these DFCS workers are certified by the Post correct? My son had his 4th amendment violated , the seizure of himself as well as many other issues surrounding this. If I have to file a lawsuit to get accountability I will do just that. 

Thank you


Division of Family and Children Services

Dear Division of Family and Children Services,

Pursuant to the state open records law Ga. Code Ann. Secs. 50-18-70 to 50-18-77, I write to request access to and a copy of Any records, video, audio of all records, I mean ALL records in relation to Billy Blume and X Blume. These records started to be compiled in 2017. I will be sending this request to multiple agencies. Along with all records requests, I am also requesting personnel files, disciplinary files, complaints in writing or verbal for all officials within your department who had any contact with X Blume or Billy Blume. If your agency does not maintain these public records, please let me know who does and include the proper custodian’s name and address.

I agree to pay any reasonable copying and postage fees of not more than $. If the cost would be greater than this amount, please notify me. Please provide a receipt indicating the charges for each document.

As provided by the open records law, I will expect your response within three (3) business days. See Ga. Code Ann. Sec. 50-18-71(b).

If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely. Also, please provide all segregable portions of otherwise exempt material.

I would note that willful violation of the open records law can result in the award of reasonable attorney fees and other costs of litigation. See Ga. Code Ann. Sec. 50-18-73(b).

Thank you for your assistance.

Dear Billy Blume:

As previously indicated in September 9, 2021, email correspondence, certain records are generally not subject to disclosure as public records in response to requests made pursuant to Georgia’s Open Records Act including, but not limited to, confidential adoption records, confidential child support case records, confidential records pertaining to a report of elder abuse, disability abuse, or child abuse, confidential public assistance records (e.g. SNAP, TANF, and Medicaid eligibility), and confidential child welfare and foster care records unless statutory exceptions are met. See O.C.G.A. §§ 50-18-71(a), 50-18-71(a), 50-18-72(a), 19-8-23, 19-11-30, 30-5-7, 49-4-14, & 49-5-40. 

Upon review of your below request by the DHS Division of Family and Children Services (DFCS), it appears that you seek DFCS child welfare or Child Protective Services (CPS) records. DFCS child welfare and CPS records are confidential under state law and exempt from disclosure under the Georgia Open Records Act. See O.C.G.A. §§ 49-5-40(b), 50-18-71(a), & 50-18-72(a)(1). Unfortunately, because there is no indication that your request falls under a statutory exception permitting disclosure, DFCS has determined that DFCS would be unable to provide any records to you via DHS’s open records process based upon this request. See O.C.G.A. § 49-5-41.

Sincerely,

Jacob Davis

Jacob Davis
Associate General Counsel & Open Records Officer
Office of General Counsel
Georgia Department of Human Services
2 Peachtree St., N.W.
29th Floor
Atlanta, GA 30303
404.463.0590 (O) | 404.657.1123 (F)
OpenRecordsDHS@dhs.ga.gov
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