Effective Date: 01/01/00

Revised: 02/19/13


Policy Statement:

IDHS must accept all legal documents properly served on IDHS.  This includes the service of a court order or subpoena involving a pending civil or criminal court case.  Under no circumstances may an IDHS employee, acting on behalf of IDHS, attempt to avoid service.

Service of a court order or subpoena shall not be accepted for any individual, Agency or third-party other than IDHS by an IDHS employee.  Individuals, Agencies and third-parties other than IDHS, including child care contractors, should consult their own legal counsel when named by and properly served with a court order or subpoena.

Procedure:

If a CCR&R or Site Administered child care provider is named by and properly served with a court order or subpoena seeking records in reference to a pending civil or criminal court case, they must seek legal counsel from their own attorney before producing documents that may contain privileged information. 

Sites and CCR&Rs should notify the IDHS Bureau of Child Care & Development's Policy Unit about a court order or subpoena, for informational purposes, by sending an email notification to DHS.CCAP.Policy@illinois.gov.

In the event IDHS is named by and properly served with a court order or subpoena seeking records in reference to a pending civil or criminal court case, it should be sent to the Office of General Counsel for review.

Court orders or subpoenas for records that name IDHS should be sent to:

Illinois Department of Human Services
Office of General Counsel
100 W. Randolph St., Suite 6-400

Chicago, IL 60601