Chapter 7 : Section 09

Subpoenas and Testifying

Policy

DCS employees shall appear in court or before the Office of the Ombudsman-Citizens Aide when required to do so by subpoena.

When called upon to do so, DCS employees shall provide testimony in a professional manner.

Procedures

Responding to Subpoenas

Inform the DCS Program Supervisor when a subpoena is received to appear in court or before the Office of the Ombudsman-Citizens Aide. See DCS 06-03 Subpoena, Summons, Complaint, Claim and Motions Policy.

DCS Employees are expected to comply with a valid subpoena, unless there is an anticipated problem. If there is an anticipated problem in appearing at the required time, contact the Attorney General’s Office immediately.

If a subpoena is received for confidential records, notify the DCS Central Records Coordination Unit at DCSRecordsRequest@azdcs.gov. If there are concerns about providing the requested records, contact the Attorney General’s Office immediately. Fax or email the subpoena to the Attorney General’s Office for review.

No copies of the DCS file should be made unless it is redacted. While records should always be redacted to remove reporting source identity, criminal history information, secondary source records, social security numbers and attorney-client advice, additional information may require redaction. For more information regarding the redaction process, see Safeguarding Records & Records Requests.

Testifying in Court

Consult with the supervisor and/or the Attorney General's Office with questions about what will be asked or what information may be discussed.

Review the case record prior to appearing in court.

Arrive at court ahead of time.

Dress in a professional manner.

Remind the judge that all DCS information is confidential pursuant to A.R.S. §8-807.

Answer questions truthfully and directly.

Ask the judge to enter an order permitting the disclosure of DCS information if needed to protect the welfare and safety of a child, to prosecute child abuse, or as determined necessary by the court under A.R.S. §8-807(J). Ask the judge to enter an order permitting the disclosure of reporting source identity unless there is reason to believe that revealing that identity would endanger the safety of any person. Ensure the judge is aware of any safety concerns.

Ask for the courtroom to be closed to the public during testimony and for any record of your testimony to be sealed.

Provide facts only; don't draw conclusions or give your opinion unless specifically asked to do so.