Section 3.05 - Response to Compulsory Legal ProcessYouth Records may be released in response to compulsory legal process; however, no Personal Data shall be made available in response to a demand under compulsory legal process unless the Client is reasonably notified so that he or she may seek to have the process quashed as provided in M.G.L. c. 66A, § 2(k), unless such notice may be withheld by law pursuant to M.G.L. c. 66A, § 2 (i).
(1) A subpoena for Youth Records can be accepted by an employee other than the one named on the subpoena. Employees eligible to accept service include employees of the Department's Legal Unit, regional administration, and program administration. Such an acceptance of service still creates an obligation to comply on the part of the person named in the subpoena.(2) Upon accepting any subpoena for Youth Records, the person receiving the subpoena shall immediately notify the Department's Legal Unit.(3) The Department's efforts to notify the Youth may be written or oral, including notice by telephone. The Department shall document in writing the efforts made to contact the Youth and if said contact is made. If the Department is unable to contact the Youth after multiple attempts, the Department shall release the records sought, after redacting Personal Data.Amended by Mass Register Issue 1328, eff. 12/16/2016.