Wade, Teresa Gail ( 2015 )

COVER LETTER
RECEIVED IN
Number. COURT OF CRIMINAL APPEALS
Swliro 1:¥ Cart
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~!OV 12 2015
IN THE CRIMINAL APPEALS OF TEXAS
P.O.Box 12308 Capitol Station Abel Acosta, Clerk
Austin,Texas 78711
RECEIVED IN
COURT OF CRIMINAl A!'PEALS
TERESA4 GAIL WADE
Relator OCT 2 7 2015 --p? tt;
Vs. Ab~t Acosta, C~ert
Child Protective Services
Respondent
To The Honorable Justices of the Court of Criminal Appeals
of Texas:
The Relator Teresa G.Wade Submits Motion to Leave with
WRIT Of MANDAMUS for Good Cause.
Please Stamp an4 File in the Appropriate Court for DoGkett Call,and
Return Stamped Copy to My Address Attached.
Respectfully -``
Teresa Gail Wade
42 Rainbow Road
Cuero,Texas 77954
CERTIFICATE OF SERVICE
I Teresa Gail Wade Certify this WRIT OF MANDAMUS was Mailed
To The Court of Criminal Appeals of Texas at P.O.Box 12308 Capitol
Station, Austin, Texas 78711 on this ~ Day of Oif 2015.
'f..·~ .tl.Blakeney
254 S.W.3d at 662.
Relator ''At tempted Proper Procedure and Cited 552.301 & 552.302 Moore
V.Collins 897 S.W.2d 496(App.1 Dist.1995) 552.301. To Seek a Writtten
Responce Within 10 Business Days.
Child Protective Services has Failed to Comply within a Timly Manner
by Law. Relator asked for Respondent to Certify Fact in Writing,IF
THERE WAS A DELAY of the 10 Day rule.321(d). Moore V.Collins 897 S.W
2d 496. Under Requested Information that was Public and Must be Re-
-leased. See ID 552.302 See Simmons V.Kuzmich 166 S.W.3d 342,350(Tex.
App.Fort-Worth.Tx 2005). TEXAS STATE LAW DOES NOT AUTHORIZETHE WITH-
-HOLDING OF INFORMATION.(006).
The Open Records Act PeEmits a Person who is Not Able to Obtain Public
Records, After Making a Proper Request, to File Suit for WRIT OF
MANDAMUS to Compel the Production of Records Tex.Govt.Code. 552.321
Vernon 1994) See City of Houston V. Houston Chronicle Pub.Co. 673
S.W.2d 316. 1319(Tex.App.Houston.Tx.1st Dist).
Failing to Timly Respond to Request for Public Records only Criminal
Sanctions Avalable are for Destruction,Removal or Alteration of Public
Records in Criminally Negligent Manner V.T.C.A Government Code 552.351
Thru 552.353.
On 7/15/2015 Written Objections were Properly Filed With CPS In Austin
for Records and for One Year to Respond or Receive Records Being Un-
Timely Responce to Request. No Responce.
II.
JURISDICTION
This Court has Jurisdiction to Consider this Application Pursusant
to Art.5.5 of the Texas Constitution and Artical 4.04 of the Code of
Criminal Procedure. See Homan V.Hughes 708 S.W.2d 449,452(Tex.Crim
App.1986). This Court has Jurisdiction to Issue Writs of Mandamus
page 2
·See ~Also State Ex.Rec Curry V.Davis 689 S.W.2d 214,215(Tex.Crim.App
1984). TEX.CONST.ART.5.5 (Supp.1982-1983). The Court of Criminal App-
-eals Consttutional Authority to Issue Writs of Mandamus, Derive From
the Same Source. Durrough V. State 620 S.W.2d 134,143-144(Tex.Crim.
App.1981). AS In Mandamus Actions, The Person Seeking the Writ Must
Show he is Entitled to the Remedy by Clear and Indisputable Unequivocal
or Abundantly Clear Evidence. See Keegun V.State 681 S.W.2d 806,810
(Tex.App.14th Dist. 1984) and Reynolds V.Dickens 685 S.W.2d 479(Tex
Crim.App.1985). Chapter 552. Government Code, McBride V. State 838
S!W 2d.248,250(Tex.Crim.App.1992).at 251. Applicant Filed Proper
Procedure.
III.
CONCLUSION
(1~ Applicant has No Other Legal Remedy Available to Her Other Than
this Application For Mandamus.
(2. This Action Sought is Under the Facts of this Public Request in
Essence, A Mere Ministrial Act Which Respondent Has A Legal Duty
to Perform in a Timly Manner.
(3. Applicant has Properly Requested Respondent to Perform which the
Respondent has Refused.
Applicant Request the Following Records:
My Request is for ALL Records,Offence Reports and All Statements, All
Affidavits, Interviews, Depositions,Results of Testing and Any Out-
-Sourcing of Services, All Statement and Reports Of Bruising and Abuse
from the Father; Michael C.Wade, All Reports from the School where
Chelsea Wade Attended [ Howe High School], All Medical Reports of Abuse
with Chelsea Wade. This Request is Subjected to be Supplemented, After
View of these Request, See Chapter 552 PUBLIC INFORMATION. I Also Request
All Detective or Narritive Reports. '
Wherefore Premises Considered,Applicant Prays that this Application
Be Granted and That Respondent be Ordered Continue with Relief that
is Requested.
Respectfully Submitted
/'
X .·I~ LV/klfL,
Page 3 Applicant Pro-Se
STATE OF TEXAS, COUNTY OF
"AFFIDAVIT"
Before Me The Undersigned Authority on this Date Personally
Appeared, Applicant who Apon being Duly Sworn Did Dispose and
State:
My Name ~s Applicant and I am the Relator in the Above
Cause. I Have read the above Application for Mandamus and State
that the Factual Allegations Made Therein are True and Correct.
x``Wadf:_.
Applicant Pro-Se
Subscribed and Sworn to before Me, The Undersigned Authority,
By the said Applicant on this, The~day of /2`` ,2015
to Certify which Witness My hand and Seal of Office.
``oA``~·l~}~itt~_·____County,Texas
'Page 4
Affidavit in Support of Request
to Proceed[ In Forma Pauperis].
I '.Teresa Wade Being first Duly Sworn Depose and Say that I am the
Applicant in the Above- Entitled Writ of mandamus. That in Supp0rt
of My Motion to Proceed without Being required to Prepay Fees,Cost
or Give Security Therefore. I state that Because of My Poverty I am
Unable to Pay the Costs of S#id Proceeding or to Give Security
Therefore, that I Believe I am Entitled to. I am on a Fixed Income
and Unemployed Due to a Medical Condition Named, Fibromy Algia.
I have No Realestate, Stocks, Bonds, Notes. I Bairly can Afford Rent
or Monthly Bills.
Respectfully
X -``A/ Wtih_ c
Petitioner Pro-Se
r
Teresa ·wade
§
Applicant
§
Vs. § NO#
§
CfiildProtective Services §
Respondent §
ORDER
On this Day Came on to be heard the Forgoing, Applicant for
Writ of mandamus and it Appears to the court that the Same
Sould Be: - - - - - -Granted.
It is therefore Ordered that the Custodian of Records should
Photo Copy and Mail to Applicant, In the Interest of the
Public.
Signed on this, the _ _ _..;___day of
2015.
Honorable Judge Presiding
TEXAS DEPARTMENT OFF AMIL Y AND PROTECTIVE SERVICES
COMMISSIONER
John J. Specia, Jr.
TERESA WADE
42 RAINBOW RD.
CUERO, TX 77954
04/28/2015
Thank you for your recent request for case records from the Texas Department of famity and
Protective Services. We are returning the request form to you because:
No 4885-G form:
The 4885-G Records Request form must be filled out by the requestor or a licensed attorney
representing a requestor. The requestor or representing attorney will need to complete the
form, provide an original signature on the request, provide a United States issued photo
identification card or Bar Card number, and resubmit to the address provided below.
Department of Family and Protective Services
Attn: RMG (Y -937)
P.O. Box 149030
Austin, Texas 78714-9030
Unfortunately, we do not accept client requests through email or fax at this time.
If you have questions on how to fill out the form or what documentation is required in order to
process your request, you may contact the DFPS Customer Support Office at 512-929-6764. A
Customer Support Specialist will gladly assist you with any questions you may have.
If you sent money with your original request, we are returning it to you as well. No money is
needed to process and fulfill a request if the record exists and you are entitled to receive it
Thank you,
Eric V. Griffin I DFPS Records Management Group I Customer Support Office
ILe r .u r[( r I fll\ [.;,"{ c;, r; cN\c..,., f {Qj
loU Fflre '217- 7LLf" 72 .3o.
EXHIBIT(A)
TEXAS DEPARTMENT OFF AMIL Y AND PROTECTIVE SERVICES
COMMISSIONER
John J. Specia, Jr.
Teresa Wade
42 Rainbow Rd
Cuero, TX 77954
May 19,2015
Re: Your request for Confidential Case Records
Greetings,
Thank you for your request for case records from the Texas Department of Family and Protective ..
Services. The case records from Child Protective Services, Adult Protective Services, and Child Care
Licensing are confidential pursuant to Texas law. The Records Management Group (RMG) adhert;s to,,.:
and complies with all statutes and rules pertaining to the entitlement, redaction, and ~elease of tpe r. ·,
confidential case records RMG maintains.
If these case records exist and you are entitled to them, then they will be reviewed to ensure their release
complies with applicable statutes and rules. The review process usually entails the redaction of specific
personal and/or identifying information. Due to the approved priority order in which DFPS must redid
cases and the labor intensive process required, it may take up to twelve m897 S.W.2d 496 (App 1 Dist 1995) 552.301.
I.
The request is public, in the interest of Justice. The release
of this requeat pursuant to section 552.302 of the Government
Code. A governmental body's failure to comply with the procedural
requirements of section 552.301 results in the legal presumption
that the requested information is ~ublic and must be released.
See I.D. 552.302 anrl Simmons v~ Kuzmich 166 S.W.3d 342, 350 (TX App
Fort Worth 20D5). Texas state law does not authorize the withhold-
ing of public information (.006)~
II.
,I understand there may be a fee for copies. If so you may contact
me at the contact info on this letter and I ' l l gladly pay for cop-
ies. If my request is excessive then I would like to request a it-
emized statement of why.
I II.
My request is for all Records, Offense Reports and all Statements,
Affidavits, Interviews, Depositions, Results of Testing and any
Outsourcing of Services. This request is subjected to be suppleme-
nted, after view of these requests, see Chapter 552 Public Inform-
ation. I also request all Detective or Narrative Reports. Any rea-
son for delay please notify me at the following:
page 01
Copy
EXHIBIT (E)
Thank you,
Respectfully submitted,
Teresa Wade
42 Rainbow Road
Cuero, TX 77954
Phone #: 903-449~7245
page 02
Copy