1012 Records Requests from Law Enforcement

Georgia State Seal

Georgia Division of Aging Services
Administrative Manual

Chapter:

1000 General DAS Administration

Effective Date:

04/10/2023

Section Title:

Records Requests from Law Enforcement

Reviewed or Updated in:

MT 2023-06

Section Number:

1012

Previous Update:

MT 2021-05

Policy Statement

The Division of Aging Services (DAS) adheres to state law by complying with requests for Adult Protective Services (APS) records from law enforcement.

Basic Considerations

Pursuant to O.C.G.A. § 30-5-7, law enforcement agencies and prosecuting attorney offices (District Attorney and Solicitor General) can receive copies of APS records without needing a subpoena.

Requests for APS records from law enforcement must be in writing and on official agency letterhead or via relevant agency email. These requests may be processed directly by APS staff. These requests should not be made to the Open Records Officer, as APS records are not subject to the Open Records Act and such requests will be denied.

Once a request from law enforcement is received by APS in writing, the request will be met within 2 business days.

If staff have any questions about the request, they must request assistance from the Associate General Counsel (AGC) for DAS.

All other requests for records must be evaluated in accordance with O.C.G.A. § 30-5-7 and with agency policy. Staff must address the request quickly as there may be deadlines in the law. Refer to PRO 1641.

Limited Requests

DAS staff must confirm that the request is coming from a legitimate law enforcement agency.

DAS staff may confirm to law enforcement that an APS case exists, the case ID number, and provide contact information for the case manager.

Technical Assistance by FSIU

The DAS Forensic Special Initiatives Unit (FSIU) staff may review the APS case record in DDS during the provision of technical assistance to law enforcement. Contact information for collateral contacts may be given during technical assistance.

Definitions

The following definitions apply to this section:

Adult Protective Services Record: Any electronic or hard copy notes and documents pertaining to an APS investigation and ongoing case. This may include Public Guardianship information if in the DAS Data System (DDS).

Law Enforcement: Any agency that enforces the law. Examples include the following:

  • Georgia Bureau of Investigation,

  • City and County Police Departments,

  • State investigative agencies, such as the Department of Revenue, Office of Insurance and Safety Fire Commissioner, Medicaid Fraud Control Unit

  • Sheriff’s Departments

  • POST certified investigators within state agencies and bureaus

  • Federal law enforcement agencies such as the FBI, ICE, DEA, US Department of Treasury, and the Office of Inspector General for Social Security, Health and Human Services, Veteran’s Affairs and Department of Agriculture

Procedures

The following steps are followed when a request for an APS record is received by a DAS staff member:

Step 1: Requests for APS cases may be initiated verbally. If the request is made verbally, or is not on the law enforcement agency’s letterhead, the DAS staff receiving the request will ask that the request be made in writing and on letterhead.

If the DAS staff receiving the request is not in the APS section, staff is to ask law enforcement to make the request to the APS Section Manager. Non-DAS staff are to forward any written requests to the APS Section Manager.

Step 2: A copy of the written request is placed in the APS case record. A copy of the request is forwarded to the APS Section Manager and other appropriate supervisory staff.

Step 3: APS staff will prepare a copy of the record to include the following:

  • DDS documentation (complete copy)

  • All documents in the hard copy of the record

Do not redact any information.

Step 4: APS staff will prepare a cover letter to accompany the copy of the record. A copy of this letter is forwarded to the APS Section Manager, Field Operations Manager, and District Manager. A copy is retained in the APS record.

The cover letter template is found in Appendix D of this manual.

Step 5: APS staff will hand deliver the record copy and cover letter to the requesting law enforcement agency within 2 business days of the request.

The record copy and cover letter may also be sent by certified mail if law enforcement is agreeable.

Step 6: APS Section Manager will document receipt of both the request and the response cover letter in a log on the Division’s shared drive. The log will be kept in a secure folder with access limited to:

  • DAS Director and Deputy Director

  • DAS AGC

  • APS Section Manager and designee

  • FSIU Section Manager and designee

Record Request Log

The records request log, maintained on the Division’s shared drive will contain the following elements:

  • Date of request on letter or subpoena

  • Date request received

  • Whether the request was on letterhead or via subpoena

  • Client Name (last name first)

  • Case ID number

  • Requestor Name and Title

  • Requestor Agency, to include County

  • Reason for the request

  • DAS staff person fulfilling the request

  • Number of days to fulfill the request from date received

A separate log is maintained for subpoenas.

References

O.C.G.A § 30-5-7
DHS PRO 1641
MAN 5500, Adult Protective Services