Responding to Subpoenas and Search Warrants Sample Clauses

Responding to Subpoenas and Search Warrants. A subpoena is merely a request for information issued by the clerk of a court in response to a request by an attorney representing a party. A subpoena may be directed to an individual or an entity, and a subpoena duces tecum is a request for the production of designated tangible items (i.e., records). A subpoena does not represent a court's ruling that an agency must release the information requested, but certainly cannot be ignored. Failure to respond to a subpoena could potentially result in the state or local agency being found in contempt of court which could result in the incarceration of or fines against WIC employees. The subpoena will designate a time within which the agency must respond to the subpoena. It will also identify the individual or organization who is seeking the WIC information. State or local agencies in consultation with their legal counsel must make a determination, based on Federal law and the records and or information sought in the subpoena, of whether to comply with the subpoena and release the information as requested or attempt to quash the subpoena. The determination of how to proceed (either comply with or attempt to quash the subpoena) must be based on the restrictions set forth in 7 CFR 246. State and local agencies must comply with search warrants. A search warrant differs from a subpoena in which a time frame is established to either comply with the subpoena or attempt to quash the request. Failure to fully comply with a search warrant at the time it is served could result in the immediate incarceration of WIC state or local agency staff. The individual producing a search warrant should be apprized of the confidentiality nature of WIC information. In addition, clinic staff should carefully review the search warrant and provide only the specific information requested in the search warrant and no other information. In general, search warrants must specify exactly what information is being sought. Legal counsel should be alerted to the provision of the information by the WIC agency immediately afterwards. Staff should retain a copy of the search warrant for their files as evidence of why the specific information was released in the event of legal action by the applicant or participant to her or her parents or legal guardian.
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