Recently, our Juvenile Probation Department has been hit with subpoenas in child custody proceedings. The typical subpoena asks for the JPO to appear and to bring all documents, notes, files, etc...realting to the juveniles involved in the custody battle between mom and dad.

Are you actively filing motions to quash these subpoenas and under what authority. Any help will be greatly appreciated.

Robert DuBoise
Assistant District Attorney
Parker County, Texas
rduboise@sbcglobal.net

We file Motions to Quash and site for authority Section 58.007 (b). We are generally sucessful, especially if the case is active. I will be glad to fax/email you a copy of our motion if you like.

My only concern with that is that the custody battle is between natural mom and natural dad.

Section 58.007(b)(3) of the Texas Family Code makes the records available to "An attorney for a party to the proceeding."

Section 51.02(10) defines a "Party" to be "the state, a child who is the subject of the proceedings under this subtitle, or the child's parent, spouse, guardian or guardian ad litem."

I do not see a particular restriction that a "Party" may only request or subpoena the records within the confines of the juvenile proceeding. Similarly, I do not see a prohibition against a "Party" obtaining the records in a civil proceeding through the use of a subpoena.

That being said, I would appreciate it if you would e-mail me a copy of the motion.

Robert DuBoise
Assistant District Attorney
Parker County, Texas
rduboise@sbcglobal.net

I agree that the records would be open for inspection to the attorney, but the subpoena is requesting that they be opened to others, ie another judge, jury, witnesses; and in my opinion does not allow for the release/copying of those records as would be necessary for compliance with the subpoena.

I'll email you a copy of our motion.