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721 Chapter 3:Processes and procedures • Section 5: Program integrity (07/2026) • Copy of subpoena, court order, authorization to disclose (any legal documents) • Service type – in-person, mail, fax, email • Date of service • If known, what the hearing is about (i.e. Fraud, criminal charges related to an investigation, child welfare case, etc.) • If the subpoena is requesting records, you may be asked to assist in gathering any responsive documents • Any other helpful information about the nature of the subpoena In addition to a court order, a valid authorization to disclose records can also accompany a subpoena or be requested. The ODHS Legal Unit can assist you in determining if the authorization is valid or applicable to the records being subpoenaed. For example, an individual or their attorney, can only use an authorization for their own records. Subpoenas requesting testimony or testimony and records, depending on the nature of court proceeding, you may attend the proceeding without a written court order. However, before testifying, you will need to read the appropriate confidentiality statement. The statement provides an explanation of the laws that govern confidentiality of the individual information and lets the judge know that you cannot testify until the judge gives a verbal order to do so. The ODHS Legal Unit maintains the most current confidentiality statements. Note: If there are other specific federal or state confidentiality statutes applicable to the program, please provide that information to the court. If a case record or a worker is subpoenaed and the subpoena directs the record or worker to provide documents or appear in a deposition or an attorney’s office, in an administrative hearing, or a grand jury where a judge will not be present, contact the ODHS Legal Unit. The ODHS Legal Unit will review your subpoena and determine if DOJ representation is needed and will assist in that coordination. DOJ will determine if a motion to quash or an objection is appropriate. DOJ will provide legal advice on how best to handle a deposition subpoena, grand jury subpoena, or administrative hearing subpoena. Click here for flowcharts outlining the procedures for various subpoena scenarios. Verification In every situation in which information is shared with or without an authorization and inside or outside of ODHS|OHA, staff, volunteers and contractors are required to take reasonable steps to verify the identity of the individual receiving the information. The only exception is if the ODHS|OHA workforce member fulfilling the request already knows the person or has already verified identity. When releasing information to an individual’s attorney without an Authorization for Use and Disclosure of Individual Information (MSC 2010) form, staff must verify the individual is an attorney. Instructions for how to do this are a http://intranet.ODHS.state.or.us/caf. If the person is not known to the ODHS|OHA staff member fulfilling the request, take one of the following reasonable precautions to verify the individual with whom staff is communicating is that same attorney: • Ask to see an identification badge or driver’s license when the request is made in person.