2.8 Subpoenas (Testimony and Case Records)

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(2) Information Management

Policy Title:

Subpoenas (Testimony and Case Records)

Policy Number:

2.8

Previous Policy Number(s):

2109.6

Effective Date:

June 2021

Manual Transmittal:

2021-02

Codes/References

O.C.G.A. § 24-13-21 Subpoena for Attendance of Witnesses
O.C.G.A. § 24-13-23 Subpoena for Production of Documentary Evidence
O.C.G.A. § 49-5-41 Persons and Agencies Permitted Access to Records

Requirements

The Division of Family and Children Services (DFCS) will:

  1. Give immediate attention to subpoenas served on an individual Social Services Case Manager (SSCM), Social Services Supervisor (SSS), other DFCS staff to ensure fairness in administration of the laws of evidence and to assist in the objectives of legal investigations towards the ascertainment of facts.

  2. Immediately notify the Special Assistant Attorney General (SAAG) and DFCS Office of General Counsel (OGC) upon receipt of any subpoena commanding attendance at a legal proceeding or production of documents.

  3. Promptly send a copy of any subpoena to the SAAG and DFCS OGC and plan a consultation to be advised on the appropriate response that is required by the subpoena.

Procedures

Upon receipt of a subpoena, the SSCM or other DFCS staff will:

  1. Immediately notify their immediate supervisor of the subpoena request.

  2. Immediately send a copy of the subpoena to the SAAG and DFCS Office of General Counsel.

  3. Promptly consult with the SAAG and DFCS OGC to discuss any opposition to the subpoena request or appropriate compliance.

    The SAAG and DFCS OGC determines next steps regarding whether DFCS may provide documents or testimony as requested in the subpoena. The SAAG and DFCS OGC take legal action to challenge the subpoena by preparing a Motion to Quash or Modify the subpoena.

  4. Upload a copy of the subpoena to Georgia SHINES External Documentation within 72 hours of receipt.

The SSS (or Immediate Supervisor) will:

  1. Review the subpoena immediately upon receipt and inform the County Director of the receipt of the subpoena.

  2. Ensure the subpoena is promptly sent to the SAAG and DFCS OGC.

  3. Participate in the consultation with the SSCM or other DFCS staff and SAAG and the DFCS OGC to determine the appropriate responsive action.

  4. Review any response to a subpoena for production of documents prior to sending to the SAAG and DFCS OGC for review.

  5. Ensure the SSCM or other DFCS staff understands the testimony being compelled by the subpoena and ensure proper preparation for court.

  6. Ensure the SSCM or other DFCS staff timely appearance at a legal proceeding when compelled by subpoena.

Practice Guidance

Types of Subpoenas

Subpoenas are formal written orders usually issued by a court upon the request of any party to a legal proceeding to compel (1) testimony by a witness or (2) production of evidence (i.e., documents) at a time and place specified by the subpoena. A subpoena can be served on an individual at any place within the state.

The Subpoena for Attendance of a Witness may compel an individual’s attendance at any legal proceeding (i.e., court hearings, depositions, etc.) to provide testimony under oath. This subpoena may be quashed (nullified) upon the filing of a motion by the SAAG or DFCS OGC.

The Subpoena for the Production of Documentary Evidence may compel any individual to produce the evidence designated in the document. The Court may Quash (deny) or Modify a Subpoena for Production of Documentary Evidence upon the motion of the SAAG or DFCS OGC, at or before the time compliance is compelled, if it is found to be unreasonable or oppressive. The Court may also condition denial of the motion on the party providing reasonable costs of producing the evidence.

DFCS staff must consult their SAAG or the DFCS OGC to determine the action to be taken in response to any subpoena and what compliance is required.

Subpoenas for Collateral Hearings

In general, records can be subpoenaed only in relation to a court hearing. Contact the SAAG or DFCS OGC if subpoenaed to a non-related judicial hearing (i.e., divorce proceedings, custody disputes between parents, civil litigation, criminal proceedings unrelated to child abuse, etc.). If the subpoena falls outside the exceptions, the SAAG/DFCS OGC determines whether the issue falls under an allowable exception and may prepare a motion to quash the subpoena.

Fees and Travel

A witness can be subpoenaed anywhere in the state of Georgia and receives a minimal fee per day while in attendance. Since this function is performed on office time, the witness fee is tendered to the county director. Payment of fees cannot be demanded to force attendance.

The subpoena is not valid if a witness resides outside the county (or DFCS employee works in an office outside the county) where the testimony is required, unless the subpoena is accompanied by tender of the witness fee for one day’s attendance plus mileage for traveling expenses to and from the residence (or office) by the nearest practical route. If subpoenaed to testify outside the state, seek guidance from the SAAG or DFCS OGC who will advise whether attendance is required.

Forms and Tools

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