Preview:

Final Copy 287 Ga. 783 S10A0907. JENKINS v. WALKER et al. MELTON, Justice. Following the trial court's grant of summary judgment in favor of the Georgia Department of Human Services (DHS), among others,1 Barry Jenkins appeals, contending that the trial court erred by denying his actions for declaratory judgment and mandamus. In both actions, Jenkins contends that the Georgia Department of Family and Children Services (DFACS) improperly placed him on a child abuse registry after entering into a safety plan with his wife following allegations of child abuse. For the reasons set forth below, we affirm. In the light most favorable to Jenkins, the record shows that, in late August 2008, Jenkins' wife, Christina, voluntarily informed DFACS that Jenkins, whom she was in the process of divorcing, had abused their children. On August 21, 2008, DFACS entered a safety plan with Jenkins' wife, whereby The named defendants included: B. J. Walker, in his capacity as Commissioner of DHS; Mark Washington, in his capacity as Assistant Commissioner of DFACS; DHS; DFACS; and Thurbert Baker, in his capacity as Attorney General for the State of Georgia.
1

she agreed to keep Jenkins from having contact with the children until DFACS determined that it was safe for him to do so. In recognition of the continuing divorce proceedings, DFACS issued a revised safety plan on August 26, 2008, in which Jenkins' wife agreed to take the matter up with the trial court presiding over the divorce. Testimony showed that these safety plans are not agreements which may be enforced by DFACS. They are merely suggested actions designed to prevent any need for DFACS to take custody of children who are the subject of a safety plan. On October 24, 2008, DFACS wrote Jenkins and notified him that an investigation substantiated the claims of abuse or neglect. There is no evidence that Jenkins made a direct challenge to the safety plan at the time that it was initiated, and DFACS closed its case regarding the Jenkins' four children in 2008. Jenkins did challenge the safety plan during divorce proceedings. The divorce court reviewed the contents of the safety plan while considering custody of the Jenkins' children. At first, it appears that the divorce court simply incorporated the safety plan into a temporary order issued in December of 2008. DHS, however, contacted the divorce court, indicated that safety plans are not binding on the parents, and requested the divorce court to make an independent
2

finding and decision with regard to custody of the children. Unhappy with the proceedings in divorce court, on June 2, 2009, Jenkins filed an action against DHS seeking mandamus and declaratory judgment relief. The relief requested by Jenkins was essentially two-fold: (1) that DFACS be ordered to remove his name from any child abuse registry and inform the divorce court that the investigation had been closed and (2) that the safety plans agreed to by his wife be declared unconstitutional violations of due process pursuant to OCGA

Download S10A0907. JENKINS v. WALKER et al..pdf

Georgia Law