RECORDS ACCESS AND MANAGEMENT

CS 040P Summons, Subpoenas or Orders Served Upon ORS

04/87 Revised 11/05/14

 

Subpoenas or Orders Served

 

Subpoenas or Orders Served

 

A subpoena is a legal writ requiring the Office of Recovery Services (ORS) to produce documents or appear and testify at a hearing and should be discussed with the attorney assigned to the case.  A court order in this context is a legal document that orders ORS to produce documents or provide information.  A subpoena or a court order is not a request under the Government Records Access and Management Act (GRAMA); therefore, do not attempt to handle a subpoena or court order as a standard GRAMA request. 

 

If you are served with a subpoena or a court order that demands information from the case record, immediately notify the assigned attorney of the subpoena or order.  The AGO will determine if it is appropriate to object to a subpoena by filing an objection with the court on other legal grounds, such as the subpoena is too vague.  In the case of a court order, the AGO will determine if the court has jurisdiction (e.g. an out of state order that conflicts with GRAMA or federal law, to which ORS was not a party may lack jurisdiction), and if the court has jurisdiction, whether to comply or seek a rehearing or an appeal of the order.  Also notify the ORS Records Officer, who will work with the AGO to determine if the information being requested is appropriate to release.  Information contained in the case record may be “restricted” under a provision of Federal or other State law.  If the information is from a restricted source, it may not be released.

 

EXCEPTION:  If in an adoption proceeding the court allows the state’s arrears issue to be dealt with as part of the legal process, this may make the release of address and employment information related to “purposes of child support enforcement,” and therefore it may be acceptable under federal law to release the restricted information.  Consult with the AGO on this issue.

 

 

Summons Served

 

If you receive a summons regarding an action filed against an individual employee, the office, the department or the state in which the party is claiming financial damages, immediately forward the original document including envelopes and any associated receipts or other accompanying material to the Department of Human Services, Executive Director’s Office, Administration (DHS/EDO/ADMIN).  If there are two or more employees named or served with a subpoena, forward all originals, not just one set, to DHS/EDO/ADMIN.  Also send a copy of all the documents to the ORS Director, who will forward copies to the ORS/CSS Deputy Director, the Regional Director, and the AGO.

 

If you receive any original document regarding an appeal of a lawsuit against an individual employee(s), the office, the department, or the state, immediately forward the original document(s) to the Division Director of the Child and Family Support Division, AGO.  Also send a copy to the ORS Director.

 

This policy does not apply to routine pleadings or actions on individual cases, or on responses to notices sent by our office/AGO, or on cases in which the AGO intervened in a private action filed by the parties.  It also does not apply to judicial reviews in response to administrative orders or appeals of District/Juvenile Court decisions.

 

 

Child Protective Services Witness Subpoena

 

All subpoenas issued by a Child Protective Services (CPS) attorney, to appear as a witness at a hearing will be sent directly to the responsible agent with a “cc” to the ORS Administrative staff.

 

If the agent is unable or does not respond to the email within one business day, the ORS Administrative Staff will notify the agent’s supervisor, the ARD, RD, and the assigned Assistant Attorney.

 

NOTE:  A witness subpoena from the CPS attorney’s office is not limited only to agents working Children in Care (CIC) cases.  It is possible for an agent working on child support cases to receive a witness subpoena from the CPS attorney’s office.