Untitled (Calhoun County Health Department)

Dear Nathan Payne:
Thank you for your interest in public records of Calhoun County. Your request has been received and given the reference number R003873-061521 for tracking purposes. Records Requested: June 8, 2021

This is a follow up to a previous request:

To Whom It May Concern:

I wanted to follow up on the following Michigan Freedom of Information Act request, copied below, and originally submitted on March 30, 2021. Please let me know when I can expect to receive a response.

Thanks for your help, and let me know if further clarification is needed.

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/respond/1 l 01993/
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Filed via MuckRock.com
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For mailed responses, please address (see note):
MuckRock News
DEPT MR 110409
41 lA Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than 11MuckRock News" and the department number) requests might be returned as undeliverable.

Subject: Michigan Freedom of Information Act Request: Untitled (Calhoun County Health Department)
To Whom It May Concern:

Pursuant to the Michigan Freedom of Information Act, I hereby request the following records:

Please send data reporting numbers of deaths from COVID-19 and/or complications associated with COVID-19, between Jan. 1, 2020 and March 31, 2021, of residents of facilities which are licensed by Michigan Bureau of Licensing and Regulatory Affairs (LARA) to care for 12 residents or fewer.

This includes deaths among residents of Adult Family Homes with capacity of 1-6, Adult Medium Group Home with capacity 7-12, Adult Small Group Home with capacity of 1-6, and other Adult Foster Care home licensed to care for 12 residents or fewer.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,

Nathan Payne
Your request will be forwarded to the relevant department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request.

-Calhoun County
To monitor the progress or update this request please log into the Calhoun County Public Records Center. (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HUoUKq1Q68Z-2FJT4bXvYJvaJiwsI85y7-2B6rEeQAnveOY1y4w0uhN6r-2Bhb-2BGLstj7dUYmXqL2YSiwim6I4Zmpz99M-3DFTmB_pCe1RI41tz-2Bh0xzT73EINQjhUk2sPp93hgVI4o3r8lU1EowKsYjTRaIeQVtLu2jUKH7StYakQR1EiRNhDmTVIAGQdkjVjSxh-2BqBFwUA8nUn2ZCwVyRFv6xD9CWGNuMNfhWeJRirk50TLt2N4u2HK-2B34knO2Jn9SJLAMuPp5FZONbs6ap2nSJjJBUBMARVVxv1ygWRTDvGGNB0wtue-2FMHBnwB-2BeKivHaZwRz6VOXa-2FFUjff-2BEk-2Bn8BTALLjzakjlXYSOtbG6Sa-2BCgXdEvnq2vWNkkcPd8uooUTv4935ByqdjrCoLLHapkJcITmbuuKTB-2Blb2jpRfq-2BBAWYjQQNRO8AzPRw7pPsKw0vQMzUrEXFn1ax1m6GPjeXK2oCl5FdXBqNgKax239Okb2tNM6ZWN8Yg-3D-3D)

Hello Nathan Payne, You have responded to an unresponsive email.

Please be advised that if you wish to submit a public records request, update an existing request, or check the status of an already submitted request, you should visit the Calhoun County Public Records Center. (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HUoUKq1Q68Z-2FJT4bXvYJvaJiwsI85y7-2B6rEeQAnveOY1y4w0uhN6r-2Bhb-2BGLstj7dUYmXqL2YSiwim6I4Zmpz99M-3DLd58_pCe1RI41tz-2Bh0xzT73EINQjhUk2sPp93hgVI4o3r8lU1EowKsYjTRaIeQVtLu2jUKH7StYakQR1EiRNhDmTVILepmH6At2CcfJ5Kd78OS9Wh7wRExxzwgY0b-2BjrsP7d91VKP2itZt4QlWA2ScUXN83VdQrZFBzFshkGXLIwg1tswnHh6D4WaYvWgAw-2FUDBMXATj-2Fdakr7lkz9RxE8Uon29bYhT6URFKWCrI0HZVB9CSerKPCG9zUt7vwW-2FeS5W4VVOY19U7cJNmcjBaJISN6aqV84pkCh10aQ-2B5BIfgHOdOtBiDP-2FAj9O1OqXsB5Ku2Pm9l01TXBh7zVfh7U0KiKptdkltyuect2XF7MvHwYfCypFL-2FDINKFhX14wqYS1YVw7Yvig-2FiqoOc1zu52N-2Fpgnw-3D-3D)

Thank you

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06/30/2021
Nathan Payne
Muckrock News
411A Highland Ave
Somerville MA 02144
requests@muckrock.com
RE: FOIA REQUEST of June 15, 2021, Reference # R003873-061521

Dear Nathan:
This letter is in response to your Freedom of Information Act (FOIA) request referenced above.  Your request mentioned:
Please send data reporting numbers of deaths from COVID-19 and/or complications associated with COVID-19, between Jan. 1, 2020 and March 31, 2021, of residents of facilities which are licensed by Michigan Bureau of Licensing and Regulatory Affairs (LARA) to care for 12 residents or fewer.

This includes deaths among residents of Adult Family Homes with capacity of 1-6, Adult Medium Group Home with capacity 7-12, Adult Small Group Home with capacity of 1-6, and other Adult Foster Care home licensed to care for 12 residents or fewer.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,

Nathan Payne"
Calhoun County is in receipt of your request pursuant to the Michigan Freedom of Information Act (“FOIA”). I hereby certify, pursuant to Section 5(5)(b) of the FOIA, that your FOIA request is denied because, to the best of  my knowledge,  information  and  belief,  no  public  records  exist  as  of  the date of this notice under the name(s) set forth in your request, nor under another name reasonably known to the County.
Though the County Health Department does receive notification of deaths that occur in the County, it does not retain or aggregate records of deaths by location or cause. As a result we have no records responsive to you request. In addition, vital records, such as death certificates, are not subject to disclosure under the Michigan FOIA, and may only be obtained by request from the Calhoun County Clerk, which charges a fee established by the County Board of Commissioners.
This response is based upon the information that you provided. If you can provide any additional information,  we may be able to conduct another search that would disclose a responsive public record.
YOUR FURTHER LEGAL RIGHTS
To the extent that this response, in your opinion, constitutes a denial of your Freedom of Information Act (FOIA) rights, your statutory remedies are as follows:
For FOIA denials, you may submit to the head of the public body a written appeal that specifically states the word "appeal" and identifies the reason or reasons for reversal of the denial. Within 10 business days after the head of the public body receives a written appeal he or she will do one of the following:
1. Reverse the denial.
2. Issue a written notice to you upholding the denial.
3. Reverse the denial in part and issue a written notice to you upholding the denial in part.
4. Under unusual circumstances, issue a notice extending for not more than 10 business days the time to respond.
You may begin a civil action in circuit court to compel the public body's disclosure of the public records within 180 days after a public body's final determination to deny a request.
You have the right to receive attorneys' fees and damages as provided in MCL 15.240 if, after judicial review, the court determines that the public body has not complied with MCL 15.235 and orders disclosure of all or a portion of a public record.
For fee appeals, if the public body requires a fee that, in your opinion, exceeds the amount permitted under its procedures and guidelines or MCL 15.234, you may submit to the head of the public body a written fee appeal for a fee reduction that specifically states the word "appeal" and identifies how the required fee exceeds the amount permitted. Within 10 business days after the head of the public body receives a written fee appeal, he or she will do one of the following:
1. Waive the fee.
2. Reduce the fee and issue a written determination to the requesting person indicating the basis for the remaining fee.
3. Uphold the fee and issue a written determination to the requesting person indicating the basis for upholding the fee.
4. If necessary, issue a notice extending for not more than 10 business days the time to respond
Within 45 days after the head of the public body issues a written determination on the fee appeal or if the head of the public body failed to respond to the fee appeal, you may begin a civil action in circuit court.
The County's FOIA Procedures and Guidelines, and its Public Summary, can be found at www.calhouncountymi.org. (https://u8387778.ct.sendgrid.net/ls/click?upn=bQH7YI59fmjg-2BFK-2B4CL7ZAN66LKZVCp0BkbEIJRqoT7IZlOAeLq-2BpyZDOa47Pg9nk4Fv_pCe1RI41tz-2Bh0xzT73EINQjhUk2sPp93hgVI4o3r8lU1EowKsYjTRaIeQVtLu2jUKH7StYakQR1EiRNhDmTVIJ25LFWMVuD12pforJSjTPm5TNrDFK9ju4p2JNz5G-2FpMBNc9GaehvQOM9cIWi-2FulG4yWfdFqGtut0e3l-2FZvclttpu5XMaeanDTJg34f-2FqRhDdMGsV8UcsHtgEEBLL5hihaMAoG1MIULYKr1J72hPC6391vBCFB2vS2BnHcQgVWug0g1eS6AjEEuHbvGNw1keWJimmZdRcMFxto5tshSfFeWd4-2Fu13Iid-2BO9TEK2OWxcMe7kd5UGXQqrWYrbkzG06NUCPidVEElRp7Kpmb0EZ6Hns2apPAovmRsNPEGWBl7HWfjwinBHVB0EJA-2F7nt-2B95dg-3D-3D)

Sincerely,
James L.Dyer
Corporation Counsel
and FOIA Coordinator
(269) 781-0917
To monitor the progress or update this request please log into the Calhoun County Public Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HUoUKq1Q68Z-2FJT4bXvYJvaJiwsI85y7-2B6rEeQAnveOY1M3GK-2FNBdQyM-2BLcCToPvPIMYykjWJP-2BVhpZU88qyYRCBwZKkYOMYjWl-2BKAEMku5LjC2uX_pCe1RI41tz-2Bh0xzT73EINQjhUk2sPp93hgVI4o3r8lU1EowKsYjTRaIeQVtLu2jUKH7StYakQR1EiRNhDmTVIJ25LFWMVuD12pforJSjTPm5TNrDFK9ju4p2JNz5G-2FpMBNc9GaehvQOM9cIWi-2FulG4yWfdFqGtut0e3l-2FZvclttpu5XMaeanDTJg34f-2FqRhDdMGsV8UcsHtgEEBLL5hihaMAoG1MIULYKr1J72hPC6391vBCFB2vS2BnHcQgVWugcSSnKHTOp3VezNgQWYltVlVeJ-2BzSe7ueDjDQodrNT2nRoJVEesXygTMlp9dOe13zn5640uyhCnHIIt9ebz57mYc0e6TtYnWp5JnUl4zt3hxzUfp0bUE-2Bhdptx62K6TcOW2Fm5hooAoPGWiAeYedKtw-3D-3D)