FROM : TRAN PHONE NOL: 3137R4g341 Sep. 04 2009 01:54PM PL 2 STATE OF MICHIGAN hye ; gS —-—E— if ‘LANSING {SMAEL ARMED DIRECTOR JENNIFER M GRANHOLM September 2, 2009 Beverly Tran. 8437 Lampkin Hamtramck, MI 48212 Dear Ms, Tran: 0108-11-09, the Michigan Department of Human Services (DHS) received your 08-06-09 written request for copies of public records. Your request, as addressed to DHS employee Suzanne Stiles Burke, is as follows: “fr has been brought to my attention that your communication generated on July 20, 2009 contains a matter that demands to be publicly addressed. You have stated: “Mr. Johnson was appointed to the position of MCI Superintendent’. Pursuant to the Freedom of Information Act, MCL Sections 15.231 -15.246 and the Open Meetings Act, MCL 15.261, et seq., I request access to and copies of the following Michigan Children’s Institute (MCI) documents: Public policies and administrative rules; Any and all evaluations and performance reports; Annual budgetary reports; Identification of intemal controls; Decision Making Modes; Any and all information on the Michigan Children’s Institute Trust Fund: Protocol for application and/or retention of Social Security numbers of adoptive children; ‘The number of child abuse and neglect incidents of state wards committed to MCI; ‘The number of referrals to Child Protective Services of abused and neglected state wards, committed to MCI, 10. The number of referrals made to the Attorney General or County Prosocutor for false claims, child abuse or neglect, and death of wards committed to MCI; 11. Terms and conditions of the position of Superintendent; 12. Autobiographical statement submitted to the Senate for the 2002-2006 arid 2006- 2010 terms; 13. Letters of appointment from the Governor; 14. Certificates of appointment filed in the Repository of the Great Seal; 15. Oaths of Office: 16. Employment contract, state pension, and benefit contracts; 17. Specification of his fiduciary duties in Wayne County; 18. Policies of failed adoption decisions; 19. The length of time and number of failed adoptions; SIA soe ° 1295 SOUTH GRAND AVENUE « P.0. 20% 20007 « LANSING, MICHIGAN 48809 ‘wow mlchigan.gov = (597) 379-2095FROM + TRAN PHONE NO. © 313 7@qS341 Sep. G4 2009 @1:55PM P2 20. Duties and responsibilities of the MCI Superintendent in the process of interstate adoptions.” ‘The DHS notified you in its 08-18-09 letter that the DHS was extending its five business day response deadline by an additional ten business days. This extension for the DHS response was necessary because the DHS needed additional time to locate the records that may have been responsive to your request. ‘Your request for copies of public records has been granted in part and denicd in part and is, subject to the conditions and procedures of the Michigan Freedom of Information Act (FOIA). ‘This Act permits a fee to be charged for the cost of providing public records, However, the DHS ‘will not charge a fee for this request. This fee waiver is limited to this request only. RECORDS WE ARE RELEASING Jtem 2 - Enclosed are copies of the performance reviews for Mr. Johnson for the years 1998, 1999 and 2000. From 2002 to 2005 Mr. Johnson did not serve as the MCI Superintendent as he was the Acting Director of Adoption Services for the department. The performance review for 2007-2008 is in the process of completion and Mr. Johnson received a rating of meets ‘expectations for all competencies. Item 7 ~ Enclosed are copies of the DHS policy. Items 11, 12, 14, 15, 16 - See Items 13 and 17 Item 13 - Letters of appointment from the Governor: MCL 400.202 states that the "Michigan Social Welfare Commission” shall appoint the MCI superintendent. However, the "Michigan Social Welfare Commission” was abolished in 1965 and its powers were transferred to the Department of Social Services, now the Department of Human Services. Bill Johnson was hired into the position which, in essence, is the "appointing" of the MCI superintendent through the normal DHS hiring process. ‘tem 17 — Items 11- 15 pertain to the process that was in place under the Michigan Social ‘Welfare Commission and are no longer in effect. Item 20 - The MCI superintendent is authorized to consent to adoption of any MCI ward whether the child will be adopted by a family in Michigan or in another state. For interstate adoptions or foster care placements of MCI wards, DHS is required to comply with the terms and conditions of ICPC. RECORDS WE ARE NOT RELEASIN( Items 1, 8,9, 10, 18, and 19 ate broad and do not specify the records being requested or a time poriod in which you are seeking records. You may want to narrow the scope of your request by specifying the particular records you want and a time period in which you are seeking records. Based on a search for records, to the best of the DHS’ knowledge, information, and belief, the DBS does not possess records as described in items 3, 4, 5, and 6, 2FROM : TRAN PHONE NO. © 313 7@qS341 Sep. G4 2009 G1:55PM PS APPEAL RIGHTS Section 10 of the FOLA provides that if the DHS makes a final detetmination to deny a request, ‘ora portion thereof, the requesting person may do one of the following at his or her option: 2) Submit to the DHS Director a written appeal that specifically states the word “appeal” and identifies the reason or reasons to support a reversal of the denial. The DHS Director, or her designee, must respond to your appeal within 10 business days of its receipt. Under umisual circumstances, the time for response to your appeal may be extended by 10 business days. 5) File an action in the cirenit court within 180 days after the date of the final determination to deny the request. If you prevail in such an action, the court is to award reasonable attomey fees, costs, and disbursements. Further, if the court finds the denial to be arbitrary and capricious, you may receive punitive damages in the amount of $500.00. Sincerely, Aidt 0. depngattom— Luttrell D. Levingston, FOIA Coordinator Michigan Department of Human Services Legal Affairs Grand ‘Tower Suite 715 PO Box 30037 Lansing MI 48909 517-335-7508 Enclosure