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IN THE SUPERIOR COURT OF DEKALB COUNTY
STATE OF GEORGIA
DEREK REZENDES, )
Petitioner, )
) Civil Action
vs. ) File No.: 21FM10201
)
JOURNEE BAHAM, )
Respondent. )
)
RESPONDENT’S MOTION FOR IN-CAMERA INSPECTION OF DEKALB COUNTY
DIVISION OF FAMILY AND CHILDREN SERVICES RECORDS
COMES NOW, JOURNEE BAHAM, Respondent by and through her counsel of record in
the above-captioned matter, and pursuant to O.C.G.A. § 49-5-41(a)(11), files this, her Motion for
In-Camera Inspection of DeKalb County Division of Family and Children Services Records, and
respectfully moves this Court to order the DeKalb County Division of Family and Children
Services (hereinafter, “DFCS”) to produce certified copies of any and all documents and records
related to the minor child involved in the above-captioned modification action to the Honorable
Judge Courtney L. Johnson, Superior Court of DeKalb County, located at 556 North McDonough
Street, Ground Floor, Decatur, GA 30030 for an in-camera inspection; as grounds therefore, this
Respondent shows the Court as follows:
1.
Petitioner, Derek Rezendes, and Respondent, Journee Baham, are the parents of one minor
child, to wit: Dajour Rezendes, a male child born in 2019 (hereinafter the “minor child”). The
emergency hearing on Petitioner’s Legitimation action was held on December 21, 2021 and the
subsequent order was issued on December 23, 2021.
2.
In or around September 2021, Respondent caught Petitioner molesting their 2-year-old
son, while lying in bed with them. Sometime thereafter, Respondent confronted the Petitioner
and then made plans to escape from the situation. In or around November 2021, Petitioner
reported the incident to the police and DFCS.
Derek Rezendes v. Journee Baham
Respondent’s Motion for In-Camera Inspection of DFCS Records
DeKalb County Superior Court
CAFN: 21FM10201
Page 1 of 3
3.
On November 9th, 2021, Petitioner was removed from the home by police, but continued
to return to the apartment to harass the Respondent and command her to leave the apartment,
which was in Petitioner’s name.
4.
On or about November 10th, 2021, a juvenile and criminal case was opened with the case
number - 21-091931, ordering Petitioner to stay away from the home and minor child.
5.
On November 10th, 2021, the DFCS issued a Safety Plan which stated in part, “Biological
Father is to remain out of the home until the criminal and DFCS case is closed.”
6.
The Respondent believes that a review of the DFCS records will be helpful to the Court in
deciding the temporary and permanent custody and parenting time issues related to this case.
7.
The Respondent is seeking an in-camera inspection of any and all records that DeKalb
DFCS maintains concerning the parents and the child, including, but not limited to the child’s
medical records, the parties’ written or oral statements irrespective of how recorded, any audio
records of the parties herein, written statements, records, and/or impressions made by DFCS
employees, psychological evaluations, forensic evaluations, treatment records by psychologists
and/or counselors, etc. that in any way relate to the child.
8.
The Respondent is attaching hereto a subpoena to DFCS (Exhibit “A”) requiring the
production of DFCS records at the next Court hearing being held.
9.
O.C.G.A. § 49-5-40(b) provides that all records related to child abuse remain confidential.
However, “[i]t is beyond peradventure that where a [trial] court considers it necessary for the
resolution of an issue before it, the court may order the disclosure of the information.” Ray v.
Department of Human Resources, 155 Ga. App. 81, 84-85, (1980).
Derek Rezendes v. Journee Baham
Respondent’s Motion for In-Camera Inspection of DFCS Records
DeKalb County Superior Court
CAFN: 21FM10201
Page 2 of 3
10.
The Respondent respectfully requests that this Court require DFCS to appear and produce
documents contained in their file related to the child in this matter for an in-camera inspection by
the Court.
WHEREFORE, Respondent respectfully prays as follows:
(a) That the Court grant the Respondent’s Motion for In-Camera Inspection of DeKalb County
Division of Family and Children Services Records; and
(b) For any and all further relief the Court deems just and proper.
Respectfully Submitted this 16th day of March, 2022.
/s/ Elizabeth T. Davenport
FAIRELL ROY AND ASSOCIATES Elizabeth T. Davenport, Esq.
2845 Henderson Mill Road Georgia Bar No.: 546745
Atlanta, GA 30341 Attorney for Respondent
Telephone: (678) 973-2803
Facsimile: (770) 864-9079
elizabeth@fairellfirm.com I CERTIFY BY MY SIGNATURE ABOVE THAT I HAVE
THIS DAY SERVED OPPOSING COUNSEL AND/OR
OPPOSING PARTY IF NOT REPRESENTED BY COUNSEL
WITH THE ABOVE DOCUMENT VIA E-FILING AS
REQUIRED OR STATUTORY ELECTRONIC SERVICE OR
BY THE UNITED STATES POSTAL SERVICE TO THE LAST
KNOWN ADDRESS.
Derek Rezendes v. Journee Baham
Respondent’s Motion for In-Camera Inspection of DFCS Records
DeKalb County Superior Court
CAFN: 21FM10201
Page 3 of 3
EXHIBIT
A
SUBPOENA FOR PRODUCTION OF EVIDENCE AND DOCUMENTS
State of Georgia
DeKalb County
TO: Georgia Commissioner of the Department of Family and Child Services
Attention: Robyn Critten
2 Peachtree Street, 29th Floor
Atlanta, Georgia 30303
You are hereby commanded, that laying all other business aside, you will be and appear at
the Superior Court before the presiding, Judge Courtney L. Johnson in the Superior Court of
DeKalb County located at 556 N. McDonough Street, Decatur, Georgia 30030, and to bring with
you the documents, papers and things listed below, to be used as evidence by the Respondent in
the case of Derek Rezendes v. Journee Baham, Civil File Action Number: 21FM10201.
The documents listed on the attached Exhibit “A” are hereby subpoenaed.
HEREIN FAIL NOT, under the penalty of law by authority of the Honorable Courtney L.
Johnson, Judge of said Court this ____ day of ______________, 2022.
Any Questions Contact: Debra E. DeBerry
Elizabeth T. Davenport, GA Bar No: 546745 Clerk of DeKalb County Superior Court
Attorney for Respondent (404) 371-2836
2845 Henderson Mill Road
Atlanta, GA 30341
Office: 678-973-2803 Elizabeth T. Davenport
Email: elizabeth@fairellfirm.com Subpoena Issued by Attorney of Record for Respondent
RETURN OF SERVICE
I served the within witness __________ with this subpoena on ___________ at
___________ am/pm by: ______ delivering to him/her in person, or by ____ registered or
certified mail. Served by: _____________ATTORNEY OF RECORD
“Pursuant to OCGA 24-13-21(c-h), this subpoena form is being provided to the attorney
of record and shall be completed prior to service upon the witness. If an individual misuses a
subpoena he or she shall be subject to punishment for contempt of court and shall be punished by
a fine of not more than $300.00 or not more than 20 days imprisonment, or both. A witness may
contact the Clerk of Court’s office to verify this subpoena was issued for a valid case.”
Exhibit “A”
DEFINITIONS
The terms used below are defined as follows:
“Document” means every writing or record of every type and description that is or has been
in your possession, control or custody of which you have knowledge including, but not limited to,
correspondence, memoranda, tapes, stenographic or handwritten notes, studies, publications,
books, pamphlets, pictures, drawings, and photographs, films, microfilms, voice recordings, maps,
reports, surveys, minutes or statistical compilations, or any information contained in magnetic
tapes, cards or discs which is accessible by any type word processing or computer retrieval
equipment.
“Person” means any natural person, corporation, partnership, proprietorship, association,
organization, or groups of persons.
1.
DEKALB COUNTY DEPARTMENT OF FAMILY AND CHILD SERVICES
Any and all documents, statements, records, letters, correspondence, notes, investigation
documents, case numbers, and other related documents for Petitioner, Derek Rezendes,
Respondent, Journee Baham and the parties’ minor child, Dajour Rezendes, a male minor born on
August 2, 2019.
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IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA DEREK REZENDES, ) Petitioner, ) ) Civil Action vs. ) File No.: 21FM10201 ) JOURNEE BAHAM, ) Respondent. ) ) RESPONDENT’S MOTION FOR IN-CAMERA INSPECTION OF DEKALB COUNTY DIVISION OF FAMILY AND CHILDREN SERVICES RECORDS COMES NOW, JOURNEE BAHAM, Respondent by and through her counsel of record in the above-captioned matter, and pursuant to O.C.G.A. § 49-5-41(a)(11), files this, her Motion for In-Camera Inspection of DeKalb County Division of Family and Children Services Records, and respectfully moves this Court to order the DeKalb County Division of Family and Children Services (hereinafter, “DFCS”) to produce certified copies of any and all documents and records related to the minor child involved in the above-captioned modification action to the Honorable Judge Courtney L. Johnson, Superior Court of DeKalb County, located at 556 North McDonough Street, Ground Floor, Decatur, GA 30030 for an in-camera inspection; as grounds therefore, this Respondent shows the Court as follows: 1. Petitioner, Derek Rezendes, and Respondent, Journee Baham, are the parents of one minor child, to wit: Dajour Rezendes, a male child born in 2019 (hereinafter the “minor child”). The emergency hearing on Petitioner’s Legitimation action was held on December 21, 2021 and the subsequent order was issued on December 23, 2021. 2. In or around September 2021, Respondent caught Petitioner molesting their 2-year-old son, while lying in bed with them. Sometime thereafter, Respondent confronted the Petitioner and then made plans to escape from the situation. In or around November 2021, Petitioner reported the incident to the police and DFCS. Derek Rezendes v. Journee Baham Respondent’s Motion for In-Camera Inspection of DFCS Records DeKalb County Superior Court CAFN: 21FM10201 Page 1 of 3 3. On November 9th, 2021, Petitioner was removed from the home by police, but continued to return to the apartment to harass the Respondent and command her to leave the apartment, which was in Petitioner’s name. 4. On or about November 10th, 2021, a juvenile and criminal case was opened with the case number - 21-091931, ordering Petitioner to stay away from the home and minor child. 5. On November 10th, 2021, the DFCS issued a Safety Plan which stated in part, “Biological Father is to remain out of the home until the criminal and DFCS case is closed.” 6. The Respondent believes that a review of the DFCS records will be helpful to the Court in deciding the temporary and permanent custody and parenting time issues related to this case. 7. The Respondent is seeking an in-camera inspection of any and all records that DeKalb DFCS maintains concerning the parents and the child, including, but not limited to the child’s medical records, the parties’ written or oral statements irrespective of how recorded, any audio records of the parties herein, written statements, records, and/or impressions made by DFCS employees, psychological evaluations, forensic evaluations, treatment records by psychologists and/or counselors, etc. that in any way relate to the child. 8. The Respondent is attaching hereto a subpoena to DFCS (Exhibit “A”) requiring the production of DFCS records at the next Court hearing being held. 9. O.C.G.A. § 49-5-40(b) provides that all records related to child abuse remain confidential. However, “[i]t is beyond peradventure that where a [trial] court considers it necessary for the resolution of an issue before it, the court may order the disclosure of the information.” Ray v. Department of Human Resources, 155 Ga. App. 81, 84-85, (1980). Derek Rezendes v. Journee Baham Respondent’s Motion for In-Camera Inspection of DFCS Records DeKalb County Superior Court CAFN: 21FM10201 Page 2 of 3 10. The Respondent respectfully requests that this Court require DFCS to appear and produce documents contained in their file related to the child in this matter for an in-camera inspection by the Court. WHEREFORE, Respondent respectfully prays as follows: (a) That the Court grant the Respondent’s Motion for In-Camera Inspection of DeKalb County Division of Family and Children Services Records; and (b) For any and all further relief the Court deems just and proper. Respectfully Submitted this 16th day of March, 2022. /s/ Elizabeth T. Davenport FAIRELL ROY AND ASSOCIATES Elizabeth T. Davenport, Esq. 2845 Henderson Mill Road Georgia Bar No.: 546745 Atlanta, GA 30341 Attorney for Respondent Telephone: (678) 973-2803 Facsimile: (770) 864-9079 elizabeth@fairellfirm.com I CERTIFY BY MY SIGNATURE ABOVE THAT I HAVE THIS DAY SERVED OPPOSING COUNSEL AND/OR OPPOSING PARTY IF NOT REPRESENTED BY COUNSEL WITH THE ABOVE DOCUMENT VIA E-FILING AS REQUIRED OR STATUTORY ELECTRONIC SERVICE OR BY THE UNITED STATES POSTAL SERVICE TO THE LAST KNOWN ADDRESS. Derek Rezendes v. Journee Baham Respondent’s Motion for In-Camera Inspection of DFCS Records DeKalb County Superior Court CAFN: 21FM10201 Page 3 of 3 EXHIBIT A SUBPOENA FOR PRODUCTION OF EVIDENCE AND DOCUMENTS State of Georgia DeKalb County TO: Georgia Commissioner of the Department of Family and Child Services Attention: Robyn Critten 2 Peachtree Street, 29th Floor Atlanta, Georgia 30303 You are hereby commanded, that laying all other business aside, you will be and appear at the Superior Court before the presiding, Judge Courtney L. Johnson in the Superior Court of DeKalb County located at 556 N. McDonough Street, Decatur, Georgia 30030, and to bring with you the documents, papers and things listed below, to be used as evidence by the Respondent in the case of Derek Rezendes v. Journee Baham, Civil File Action Number: 21FM10201. The documents listed on the attached Exhibit “A” are hereby subpoenaed. HEREIN FAIL NOT, under the penalty of law by authority of the Honorable Courtney L. Johnson, Judge of said Court this ____ day of ______________, 2022. Any Questions Contact: Debra E. DeBerry Elizabeth T. Davenport, GA Bar No: 546745 Clerk of DeKalb County Superior Court Attorney for Respondent (404) 371-2836 2845 Henderson Mill Road Atlanta, GA 30341 Office: 678-973-2803 Elizabeth T. Davenport Email: elizabeth@fairellfirm.com Subpoena Issued by Attorney of Record for Respondent RETURN OF SERVICE I served the within witness __________ with this subpoena on ___________ at ___________ am/pm by: ______ delivering to him/her in person, or by ____ registered or certified mail. Served by: _____________ATTORNEY OF RECORD “Pursuant to OCGA 24-13-21(c-h), this subpoena form is being provided to the attorney of record and shall be completed prior to service upon the witness. If an individual misuses a subpoena he or she shall be subject to punishment for contempt of court and shall be punished by a fine of not more than $300.00 or not more than 20 days imprisonment, or both. A witness may contact the Clerk of Court’s office to verify this subpoena was issued for a valid case.” Exhibit “A” DEFINITIONS The terms used below are defined as follows: “Document” means every writing or record of every type and description that is or has been in your possession, control or custody of which you have knowledge including, but not limited to, correspondence, memoranda, tapes, stenographic or handwritten notes, studies, publications, books, pamphlets, pictures, drawings, and photographs, films, microfilms, voice recordings, maps, reports, surveys, minutes or statistical compilations, or any information contained in magnetic tapes, cards or discs which is accessible by any type word processing or computer retrieval equipment. “Person” means any natural person, corporation, partnership, proprietorship, association, organization, or groups of persons. 1. DEKALB COUNTY DEPARTMENT OF FAMILY AND CHILD SERVICES Any and all documents, statements, records, letters, correspondence, notes, investigation documents, case numbers, and other related documents for Petitioner, Derek Rezendes, Respondent, Journee Baham and the parties’ minor child, Dajour Rezendes, a male minor born on August 2, 2019.