Sec. 07.01.02.06. Response to a Subpoena

A. If, under a subpoena, a custodian is required to produce or testify about a record, disclosure of which is not permitted by this chapter, the custodian shall:

(1) Call the court's attention to this chapter and any other relevant confidentiality law, including applicable federal regulations; and

(2) Ask the court for permission not to comply with the subpoena.

B. If the court denies the request for permission not to comply with a subpoena to produce records, the custodian shall:

(1) Request the court to review the documents in chambers and to order disclosure only as required by due process; and

(2) Specifically request that only a summary, which shall exclude the identity of the reporter of any allegation of child abuse or neglect, of the information contained in the record be disclosed.

C. If the court orders disclosure of the actual record, the custodian shall request permission to delete the identity of the reporter of any allegations of child abuse or neglect.

D. If the court orders that the custodian provide copies of the records, the custodian shall also request that the agency be permitted to charge appropriate fees to the party requesting the records, in accordance with Regulation .10 of this chapter.