T B et al v. Bibb County Board of Education et al

Filing 50

ORDER GRANTING IN PART and DENYING IN PART 40 Motion to Quash. Ordered by Judge Marc Thomas Treadwell on 6/15/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

T.B., a minor child individually, et al.,
Plaintiffs,
v.
BIBB COUNTY BOARD OF
EDUCATION, et al.,
Defendants.

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CIVIL ACTION NO. 5:10-CV-186(MTT)

ORDER
This matter is before the Court on non-party movant Bibb County Department of
Family and Children Services’ (“DFCS”) Motion to Quash. (Doc. 40). For the reasons
set forth below, the Motion is granted in part and denied in part.
On March 17, 2011, the Defendants served a subpoena upon DFCS requesting
the production of certain records related to this action. DFCS objected to the
Defendants’ subpoena, citing O.C.G.A. § 49-5-40, which provides that “each and every
record concerning child abuse or neglect … shall not be disclosed or used outside the
department for any other purpose other than conducting background checks to be used
in foster care and adoptive placements.” Section 49-5-41 contains an exception to this
general rule of confidentiality: a court shall have “reasonable access” to such records
“upon its finding that access to such records may be necessary for determination of an
issue before [the] court; provided, however, that the court shall examine such record in
camera, unless the court determines that public disclosure of the information contained

therein is necessary for the resolution of an issue then before it and the record is
otherwise admissible under the rules of evidence.”
By order of this Court dated May 16, 2011, DFCS was directed to deliver the
records to the Court for an in-camera examination. The Court has examined the
records and makes the following findings:
With regard to the records concerning T.B., the Court concludes that those
records are not subject to production. The records are remote in time, and the
allegations of neglect and abuse contained in the records are not relevant or necessary
for the resolution of any issue before the Court. Moreover, even if the records
concerning T.B. were relevant to an issue before the Court, pursuant to Federal Rule of
Evidence 403, those records would not be admissible.
With regard to the records concerning Defendant Ikeia Phillips, those records are
subject to production, as they are necessary for the determination of an issue before the
Court. To the extent those records contain confidential or sensitive information, the
Court will take the necessary precautions to ensure that information remains protected.
The documents hereby ordered subject to production shall be disclosed only to the
attorneys, experts, defendants, and employees of the defendants.
SO ORDERED, this 15th day of June, 2011.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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