Georgia DJJ Youth Pay to Stay Policy
| Submitted | Dec. 20, 2022 |
| Est. Completion | None |
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Communications
From: Kelly Stevenson
To Whom It May Concern:
Pursuant to the Georgia Open Records Act, I hereby request the following records:
The following materials regarding the imposition, assessment, collection and balances of fees and debt for incarcerated youth (i.e., juvenile):
All current policies and procedures regarding medical and room & board costs or fees for which incarcerated youth (i.e. juvenile) and/or their parents or legal guardians are or may become liable. Please include all policies and procedures related to how fees are set, accrued, imposed, collected, and enforced (such as those related to per diem fees, ability to pay determinations, penalties for late or non-payment, authorization for civil or criminal action for payment enforcement, etc).
All reports, databases, spreadsheets, or equivalent materials regarding debts/restitution paid to or owed to this department/office or any facility/agency under its jurisdiction in FY2021. Please include all relevant data regarding medical and room & board costs, including the number of youths (i.e., juveniles) charged for medical and room & board costs or fees and the total amount of medical and room & board fees imposed in FY2021.
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 3 business days, as the statute requires.
Sincerely,
Kelly Stevenson
From: Georgia Department Of Juvenile Justice
Good afternoon,
Thank you for reaching out. The Department received both of your requests (below and attached) on Wednesday (12/21/22). Since they appear to be identical, please allow this message to serve as a response to both. Please know that the Department's central office was closed in observance of state holidays on Friday (12/23) and Monday (12/26).
Since the Department does not require youth or parents of the youth detained in our facilities to pay for costs related to medical care or room/board, we do not have responsive records. Please note that though the Department does not require parents to reimburse the agency for detention costs, the law allows for the courts to order reimbursement. Please see O.C.G.A. § 15-11-36. You will have to contact the respective county to see when they order reimbursement. The Department may seek reimbursement for medical/detention costs from county governing authorities in accordance with O.C.G.A. § 15-11-36 and DJJ Policy 2.10, Payment of Youth Medical Expenses, https://public.powerdms.com/GADJJ/tree/documents/23436.
To the extent that restitution is ordered by the courts for any damages sustained by the Department because of a youth's criminal/delinquent charge(s) (e.g., destruction of state property, aggravated battery of a juvenile correctional officer, etc.), the restitution amount is specific to a youth's case and is handled through the court system. Therefore, those records are not readily available, and the law does not require DJJ to compile or summarize information not in existence at the time of the request. O.C.G.A. § 50-18-71 (j).
It appears that you are focused on costs related to medical care and room/board; however, if you are also looking for restitution records related to a youth's court case involving the Department, then the Department will need time to search, retrieve, review and redact those records since those records are specific to a youth's case. Juvenile information is generally not subject to public disclosure. See O.C.G.A. §§ 15-11-700 et seq.; 50-18-72 (a) (1), (2); 49-4A-8 (d)(2).
The Department will need additional time to provide estimates as to time and cost if you are looking for those records. Please see O.C.G.A. § 50-18-71 (c). If the cost estimate exceeds $500, the Department may ask for prepayment. O.C.G.A. § 50-18-71 (d).
Please let us know if there is anything else.
Respectfully,
Cindy Wang
General Counsel
Office of Legal Services
Department of Juvenile Justice
This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged, confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.
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~WRD2051
From: Georgia Department Of Juvenile Justice
Good afternoon,
I have not received a response, but I wanted to add that the Department does maintain a spreadsheet of restitution received through the court system if charges are pursued against the youth for their delinquent or criminal conduct. Since it appears that you are only seeking medical care/detention costs, I have not included that spreadsheet, but please let us know if you are requesting those records.
Respectfully,
Cindy Wang
General Counsel
Office of Legal Services
Department of Juvenile Justice
This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged, confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.
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