12-18-911. Records — Subpoena duces tecum — Definitions.

12-18-911. Records — Subpoena duces tecum — Definitions. (a) As used in this section: (1) “Custodian of records” means the administrator of the Child Maltreatment Central Registry or his or her designee; and (2) “Records” means data, records, or documents that are created, collected, or compiled by or on behalf of the Department of Human Services, the Department of Arkansas State Police, or other entity authorized under this chapter to perform investigations or provide services to children, individuals, or families. (b)(1) A subpoena duces tecum for records shall be served on the custodian of records. (2)(A) When a subpoena duces tecum described in subdivision (b)(1) of this section does not request the personal attendance of the custodian of records and the Department of Human Services is not a party to the action, the subpoena duces tecum is complied with when the custodian of records delivers to the court clerk or the officer, court reporter, body, or tribunal issuing the subpoena duces tecum or conducting the hearing, a true and correct copy of all records described in the subpoena duces tecum and the affidavit described in subsection (c) of this section. (B) The records may be delivered by hand or registered mail. (c)(1) The records shall be accompanied by an affidavit of the custodian of records stating that: (A) The affiant is the duly authorized custodian of records and has authority to certify the records; (B) The attached copies are a true copy of all the records described in the subpoena duces tecum; and (C) The records were prepared by employees of the Department of Human Services or the Crimes Against Children Division of the Department of Arkansas State Police acting in the ordinary course of the business at or near the time of the child maltreatment investigation reported in the records. (2) If the registry does not have the records described in the subpoena duces tecum, or has only part of the records, the custodian of records shall state so in the affidavit and file the affidavit and records as the records are available. (3) The custodian of records may enclose a statement of costs pursuant to § 12-18-711 for copying the records, and the costs of copying the records shall be charged to the party requesting the subpoena duces tecum for the records. (d)(1) The copy of the records produced by the custodian of records shall be separately enclosed in an inner envelope or wrapper and sealed with the title and number of the action, the name of the custodian of records, and the date of the subpoena duces tecum clearly written on the inner envelope or wrapper. (2) The sealed outer envelope or wrapper shall be addressed as follows: (A) If the subpoena duces tecum directs attendance in court, to the clerk or the judge of the court; (B) If the subpoena duces tecum directs attendance at a deposition, to the officer before whom the deposition is to be taken, at the place designated in the subpoena duces tecum for the taking of the deposition or at his or her place of business; and (C) In other cases, to the officer, body, or tribunal conducting the hearing, at a like address. (e)(1)(A) The copy of the records produced by the custodian of records shall remain sealed and be opened: (i) At the time of trial, deposition, or hearing; or (ii) Upon the direction of the judge, court, officer, body, or tribunal conducting the hearing. (B) Before directing that the inner envelope or wrapper be opened, the judge, court, officer, body, or tribunal first shall ascertain if the custodian of records is authorized to release the records under § 12-18-620, § 12-18-710, § 12-18-909, or § 12-18-910. (2) The records shall be opened in the presence of all parties who have appeared in person or by counsel at the trial, deposition, or hearing. (3) When the custodian of records is ordered to appear personally, he or she may open the sealed envelope or wrapper if the records produced are returned. (f) The copy of the records shall be admissible in evidence to the same extent as though the original record were offered and the custodian of records had been present and testified to the matters stated in the affidavit. (g)(1)(A) When the personal attendance of the custodian of records is requested, the subpoena duces tecum shall contain a clause which reads: “The personal attendance of the custodian of records is necessary”. (B) When both the personal attendance of the custodian of records and the production of a copy of the records are requested, the subpoena duces tecum shall contain a clause which reads: “A copy of the records and the personal attendance of the custodian of records are necessary”. (2) When the personal attendance of the custodian of records is requested, the reasonable cost of producing the records and expenses for personal attendance shall be charged to the party requesting the subpoena duces tecum.