Wade, Teresa Gail

• Court: Court of Appeals of Texas
• Decided: November 12, 2015
• Docket: WR-84,180-01
• Status: Published

Opinion

COVER LETTER

RECEIVED IN Number. COURT OF CRIMINAL APPEALS Swliro 1:¥ Cart ~~~~-=--------

~!OV 12 2015 IN THE CRIMINAL APPEALS OF TEXAS P.O.Box 12308 Capitol Station Abel Acosta, Clerk Austin,Texas 78711

RECEIVED IN COURT OF CRIMINAl A!'PEALS TERESA4 GAIL WADE Relator OCT 2 7 2015 --p? tt; Vs. Ab~t Acosta, C~ert

Child Protective Services Respondent

To The Honorable Justices of the Court of Criminal Appeals of Texas: The Relator Teresa G.Wade Submits Motion to Leave with WRIT Of MANDAMUS for Good Cause.

Please Stamp an4 File in the Appropriate Court for DoGkett Call,and Return Stamped Copy to My Address Attached.

Respectfully -~~ Teresa Gail Wade 42 Rainbow Road Cuero,Texas 77954 CERTIFICATE OF SERVICE

I Teresa Gail Wade Certify this WRIT OF MANDAMUS was Mailed

To The Court of Criminal Appeals of Texas at P.O.Box 12308 Capitol

Station, Austin, Texas 78711 on this ~ Day of Oif 2015.

'f..·~ .tl.

Teresa Gail Wade § Relator § Court of Criminal Appeals of TEXAS Vs. § § Child Protective Services § Cause No# 058308 Grayson Co. Respondent

APPLICATION FOR WRIT OF MANDAMUS

To The HONORABLE JUDGE,

Comes Now Teresa Gail Wade, Applicant and ask the Court to Issue a Writ of Mandamus to Child Protective Services,The Respondent. To Require the Respondent Descri?e Relief)Requested and in Support of this Application, Would show the Court the Follow;- -ing:

I. Factual Background Authorities and Argument

In \o\p:r/2015 I Filed A Public Request to Custodian of Records to the Child Protective Services in Grayson County Texas for Production of Records on Cause Number 058308 from the 59th District Court of Gray- -son County Texas. Over 18 Days Later I Received a Letter Stating There Returning My Request and I Need to Fill tiut A 4885-G Form and Resumit~Under there Request Form. I Did what was Requested and Mailed it out ~~Fe~=Day~ Later. I Received a Letter on 5/19/2015 Stating; IF THESE RECORDS EXIST AND YOU ARE ENTITLED TO THEM THEN THIS Request May take up to 12Months to Complete your Request. (1. First Document Sent 4/28/2015 EXHIBIT (A) (2. Second Document Sent 5/19/2015 EXHIBIT (B) I Then wrote Two Letters of Consideration on the 12 Month Delay of Records, With Nd Responce at All. (1. First Letter Sent 6/10/2015 EXHIBIT (C) (2. Second Letter Sent 8/21/2015 EXHIBIT (D) (3. Request Sent on 4/10.2015 EXHIBIT (E) page 1 It. is a Ministerial Duty to TIMLY Rule on Motion or a Public Request Requesting Relief. See In Re Salazar 134 S.W.3d 357,358(Tex.App.Waco Tex.2003). Also In Re Taylor 39 S.W.3d 406,414(Tex.App.Waco.Tx.2001).

(1. The Act Sought to be is Purely Ministerial. (2. The Relator has No Other Adequate Legal Remedy. See Chiles V. Schuble 788 ,S.W.2d 205,207(Tex.App.Houston.14th Dis 1990) ~The Public Request were Called to the Courts Attention, Blakeney

254 S.W.3d at 662. Relator ''At tempted Proper Procedure and Cited 552.301 & 552.302 Moore V.Collins 897 S.W.2d 496(App.1 Dist.1995) 552.301. To Seek a Writtten Responce Within 10 Business Days. Child Protective Services has Failed to Comply within a Timly Manner by Law. Relator asked for Respondent to Certify Fact in Writing,IF THERE WAS A DELAY of the 10 Day rule.321(d). Moore V.Collins 897 S.W 2d 496. Under Requested Information that was Public and Must be Re- -leased. See ID 552.302 See Simmons V.Kuzmich 166 S.W.3d 342,350(Tex. App.Fort-Worth.Tx 2005). TEXAS STATE LAW DOES NOT AUTHORIZETHE WITH- -HOLDING OF INFORMATION.(006). The Open Records Act PeEmits a Person who is Not Able to Obtain Public Records, After Making a Proper Request, to File Suit for WRIT OF MANDAMUS to Compel the Production of Records Tex.Govt.Code. 552.321 Vernon 1994) See City of Houston V. Houston Chronicle Pub.Co. 673 S.W.2d 316. 1319(Tex.App.Houston.Tx.1st Dist). Failing to Timly Respond to Request for Public Records only Criminal Sanctions Avalable are for Destruction,Removal or Alteration of Public Records in Criminally Negligent Manner V.T.C.A Government Code 552.351 Thru 552.353. On 7/15/2015 Written Objections were Properly Filed With CPS In Austin for Records and for One Year to Respond or Receive Records Being Un- Timely Responce to Request. No Responce.

II. JURISDICTION This Court has Jurisdiction to Consider this Application Pursusant to Art.5.5 of the Texas Constitution and Artical 4.04 of the Code of Criminal Procedure. See Homan V.Hughes 708 S.W.2d 449,452(Tex.Crim App.1986). This Court has Jurisdiction to Issue Writs of Mandamus

page 2 ·See ~Also State Ex.Rec Curry V.Davis 689 S.W.2d 214,215(Tex.Crim.App 1984). TEX.CONST.ART.5.5 (Supp.1982-1983). The Court of Criminal App- -eals Consttutional Authority to Issue Writs of Mandamus, Derive From the Same Source. Durrough V. State 620 S.W.2d 134,143-144(Tex.Crim. App.1981). AS In Mandamus Actions, The Person Seeking the Writ Must Show he is Entitled to the Remedy by Clear and Indisputable Unequivocal or Abundantly Clear Evidence. See Keegun V.State 681 S.W.2d 806,810 (Tex.App.14th Dist. 1984) and Reynolds V.Dickens 685 S.W.2d 479(Tex Crim.App.1985). Chapter 552. Government Code, McBride V. State 838 S!W 2d.248,250(Tex.Crim.App.1992).at 251. Applicant Filed Proper Procedure.

III. CONCLUSION

(1~ Applicant has No Other Legal Remedy Available to Her Other Than this Application For Mandamus. (2. This Action Sought is Under the Facts of this Public Request in Essence, A Mere Ministrial Act Which Respondent Has A Legal Duty to Perform in a Timly Manner. (3. Applicant has Properly Requested Respondent to Perform which the Respondent has Refused.

Applicant Request the Following Records:

My Request is for ALL Records,Offence Reports and All Statements, All Affidavits, Interviews, Depositions,Results of Testing and Any Out- -Sourcing of Services, All Statement and Reports Of Bruising and Abuse from the Father; Michael C.Wade, All Reports from the School where Chelsea Wade Attended [ Howe High School], All Medical Reports of Abuse with Chelsea Wade. This Request is Subjected to be Supplemented, After View of these Request, See Chapter 552 PUBLIC INFORMATION. I Also Request All Detective or Narritive Reports. '

Wherefore Premises Considered,Applicant Prays that this Application Be Granted and That Respondent be Ordered Continue with Relief that is Requested. Respectfully Submitted /' X .·I~ LV/klfL, Page 3 Applicant Pro-Se STATE OF TEXAS, COUNTY OF "AFFIDAVIT"

Before Me The Undersigned Authority on this Date Personally Appeared, Applicant who Apon being Duly Sworn Did Dispose and State: My Name ~s Applicant and I am the Relator in the Above Cause. I Have read the above Application for Mandamus and State that the Factual Allegations Made Therein are True and Correct.

x~~Wadf:_. Applicant Pro-Se

Subscribed and Sworn to before Me, The Undersigned Authority,

By the said Applicant on this, The~day of /2~~ ,2015

to Certify which Witness My hand and Seal of Office.

~~oA~~~·l~}~itt~_·____County,Texas

'Page 4 Affidavit in Support of Request to Proceed[ In Forma Pauperis].

I '.Teresa Wade Being first Duly Sworn Depose and Say that I am the

Applicant in the Above- Entitled Writ of mandamus. That in Supp0rt

of My Motion to Proceed without Being required to Prepay Fees,Cost

or Give Security Therefore. I state that Because of My Poverty I am

Unable to Pay the Costs of S#id Proceeding or to Give Security

Therefore, that I Believe I am Entitled to. I am on a Fixed Income

and Unemployed Due to a Medical Condition Named, Fibromy Algia.

I have No Realestate, Stocks, Bonds, Notes. I Bairly can Afford Rent

or Monthly Bills.

Respectfully

X -~~A/ Wtih_ c

Petitioner Pro-Se r

Teresa ·wade § Applicant § Vs. § NO# § CfiildProtective Services § Respondent §

ORDER

On this Day Came on to be heard the Forgoing, Applicant for

Writ of mandamus and it Appears to the court that the Same

Sould Be: - - - - - -Granted.

It is therefore Ordered that the Custodian of Records should

Photo Copy and Mail to Applicant, In the Interest of the

Public.

Signed on this, the _ _ _..;___day of

2015.

Honorable Judge Presiding TEXAS DEPARTMENT OFF AMIL Y AND PROTECTIVE SERVICES

COMMISSIONER John J. Specia, Jr.

TERESA WADE 42 RAINBOW RD. CUERO, TX 77954

04/28/2015

Thank you for your recent request for case records from the Texas Department of famity and Protective Services. We are returning the request form to you because:

No 4885-G form:

The 4885-G Records Request form must be filled out by the requestor or a licensed attorney representing a requestor. The requestor or representing attorney will need to complete the form, provide an original signature on the request, provide a United States issued photo identification card or Bar Card number, and resubmit to the address provided below.

Department of Family and Protective Services Attn: RMG (Y -937) P.O. Box 149030 Austin, Texas 78714-9030

Unfortunately, we do not accept client requests through email or fax at this time.

If you have questions on how to fill out the form or what documentation is required in order to process your request, you may contact the DFPS Customer Support Office at 512-929-6764. A Customer Support Specialist will gladly assist you with any questions you may have.

If you sent money with your original request, we are returning it to you as well. No money is needed to process and fulfill a request if the record exists and you are entitled to receive it

Thank you,

Eric V. Griffin I DFPS Records Management Group I Customer Support Office

ILe r .u r[( r I fll\ [.;,"{ c;, r; cN\c..,., f {Qj loU Fflre '217- 7LLf"" 72 .3o. EXHIBIT(A) TEXAS DEPARTMENT OFF AMIL Y AND PROTECTIVE SERVICES

Teresa Wade 42 Rainbow Rd Cuero, TX 77954

May 19,2015

Re: Your request for Confidential Case Records

Greetings,

Thank you for your request for case records from the Texas Department of Family and Protective .. Services. The case records from Child Protective Services, Adult Protective Services, and Child Care Licensing are confidential pursuant to Texas law. The Records Management Group (RMG) adhert;s to,,.: and complies with all statutes and rules pertaining to the entitlement, redaction, and ~elease of tpe r. ·, confidential case records RMG maintains.

If these case records exist and you are entitled to them, then they will be reviewed to ensure their release complies with applicable statutes and rules. The review process usually entails the redaction of specific personal and/or identifying information. Due to the approved priority order in which DFPS must redid cases and the labor intensive process required, it may take up to twelve m

If you sent money with your request, we are returning it to you as well. At this time DFPS does not charge entitled recipients for a copy of their record.

If you would like to check on the status of your request or have other questions, please contact us by:

Mail: Department of Family and Protective Services Attention: RMG (Y-937) P.O. Box 149030 Austin, Texas 78714-9030 E-mail: Recorcls.Management@clfps.state.tx.us Telephone: (512) 929-6764 or toll-free (877) 764-7230

Erna Martin I DFPS Records Management Group I Customer Support Specialist

EXHIBIT(B) ·Chila Protective Services 'P.O.Box 149030 Austin,texas 78714-9030 June/10/2015

Records Departments;

To Whom it May concern,

I Just Got a Letter from Your Department Stating that it Could Take up to A Year to Process my Request, I would Like to Ask for Reconsideration on that Part Because these Records will Prove a Mans Innocence and 12 Months Seems Like a life tim~ to Someone who is Incarserated Wrongfully. Also Who is to Say that in 12 Months People May Leave and Get New Jobs to where My request is Lost or Put at the End of the Pile in 8 or 10 Months. Also the Leeter states IF I AM INTITLED TO THEM. What if I wait 11 Months and You tell Me that I Cant Have Them ? My Request is Not Being Answerd in a Timly Manner and I Really Wished you would Re- -Consider My Request and Release these Records Faster, as I Stated these Records will Prove a Man Innocence.

Thank you and you Can Contact Me at;

Teresa G.Wade 42 Rainbow Rd Cuero,Texas 77954

RESPECTFULLY.~-e~[d;?~

,, CoPY''

EXHIBIT (C) .Department of Family and Protective Services ·ATTENION: RMG (Y-937) P.O.Box 149030 Austin,Texas 78714-9030 8/21/2015

Dear Ms. Erna Martin,

I Have tryed to Contact your Department with No Luck or Responce from your Department. Can you Or Someone Please Let Me Know Something on My Request I Filed with your Agency? I have Wrote Consideration Letters and Writting Objections to An Untimly Resporice from Your Agency on My Public Request for Records on the State of Texas V. Michael C.Wade and Under A Cause Number 058308 Out of Grayson County Texas that Your Holding the Records Too. Can You Just Please Let Me Know Something on My Request or the Letters that I Have Wrote To Your Agency ? A~cPublic Request is Being Taken Lightly and Ignored with Vague Responce [Oppion] and in Part with NO RESPONCE AT ALL. There is No Reason for The Delay on these Records and There is No Reason for a~ Governmental Agency as Big as yours to Not be Responding to My Request or Letters.

Can Someone Please Let Me Know Something on My Concerns?

1.-b'lllJf:v Teresa G.Wade .U) ~ 42 Rainbow Rd Cuero,Texas 77954

EXHIBIT( D) Michael C. Wade SSN: XXX-XX-XXXX "Custodian of Records" Child Protective Services Child Protective Services 902 Cottonwood Drive Sherman, TX 75090

Public Request for Records, Statements and Narrative Reports Dear Sir or Ma'am: 04-10-2015 My full name is Teresa Gayle Wade: I am over 18 years of age and request the following documents within 10 business days. If an officer cannot provide information within 10 business days, the office shall certify that fact in writing to the Requestor, 321 (d) Moore vs Collins 897 SW2d 496 (App 1 Dist 1995) 552.301.

I. The request is public, in the interest of Justice. The release of this requeat pursuant to section 552.302 of the Government Code. A governmental body's failure to comply with the procedural requirements of section 552.301 results in the legal presumption that the requested information is ~ublic and must be released. See I.D. 552.302 anrl Simmons v~ Kuzmich 166 SW3d 342, 350 (TX App Fort Worth 20D5). Texas state law does not authorize the withhold- ing of public information (.006)~

II. ,I understand there may be a fee for copies. If so you may contact me at the contact info on this letter and I ' l l gladly pay for cop- ies. If my request is excessive then I would like to request a it- emized statement of why.

I II. My request is for all Records, Offense Reports and all Statements, Affidavits, Interviews, Depositions, Results of Testing and any Outsourcing of Services. This request is subjected to be suppleme- nted, after view of these requests, see Chapter 552 Public Inform- ation. I also request all Detective or Narrative Reports. Any rea- son for delay please notify me at the following: page 01 Copy

EXHIBIT (E) Thank you, Respectfully submitted,

Teresa Wade 42 Rainbow Road Cuero, TX 77954 Phone #: 903-449~7245

page 02 Copy