Code of Massachusetts Regulations
109 CMR - DEPARTMENT OF YOUTH SERVICES
Title 109 CMR 3.00 - Access to All Records of Youth Detained by or Committed to the Department of Youth Services
Section 3.05 - Response to Compulsory Legal Process

Universal Citation: 109 MA Code of Regs 109.3

Current through Register 1531, September 27, 2024

Youth 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.

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