Effective Date: 01/01/00
Revised: 02/19/13, 5/1/22
01.06.01.040 Service of Summons, Complaint or Subpoena
Policy Statement:
IDHS must accept all legal documents properly served on IDHS. This includes the service of a summons, complaint or subpoena involving a personal or private business matter as well as in connection with a lawsuit relating to a person's duties as a DHS employee. Under no circumstances may an IDHS employee, acting on behalf of IDHS, attempt to avoid service if physically present when the process server appears with the summons, complaint or subpoena. Service shall not be accepted by any individual other than the employee named in the summons, complaint or subpoena
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
69 W Washington
Chicago, IL 60601
