Library: Policy

DHS:2-25-10. Subpoenas and records requests

Revised 6-24-19

(a) Subpoenas.A subpoena is a command to appear at a certain time and place to give testimony regarding a certain matter.A subpoena duces tecum is a command to appear and testify and produce records, books, papers, and any other items identified in the subpoena.

(1) A subpoena duces tecum is not a court order to produce records.It is a legal request for records.

(2) When an employee believes he or she has a court order to produce records or a subpoena to appear personally, the procedure in (b) of this Section is followed.

(b) Receipt of subpoena.When an Oklahoma Department of Human Services (DHS) employee receives a subpoena or a subpoena duces tecum, it is likely the issuer of the subpoena is seeking information about certain clients and/or is requesting DHS records contained in case records.For example, in a divorce action one spouse may want financial information he or she believes is contained in an application for assistance.DHS programs have confidentiality requirements regarding client information and client records.It is imperative that any DHS employee who receives a subpoena, immediately contacts a supervisor and consults program rules about disclosure of records or information.When program rules do not answer questions regarding confidentiality, an immediate request to LS is made to ensure that confidentiality requirements are met.

(c) Requests.When a subpoena or a subpoena duces tecum is received, time may be of the essence.Consequently, requests to LS concerning a subpoena or a subpoena duces tecum are submitted by phone or email as soon as possible but no more than two-calendardays of receipt.

(d) Procedure.When the LS request is submitted, a copy of the subpoena or subpoena duces tecum is provided at the time of the request or shortly thereafter along with information about the type of DHS case involved, such as Child Welfare, Adult and Family Services, or Adult Protective Services.