Filed: Aug. 27, 2014
Latest Update: Aug. 27, 2014
Summary: ORDER LANCE M. AFRICK, District Judge. Before the Court is a motion 1 filed by the Louisiana Department of Children and Family Services ("DCFS") for an in camera inspection of records requested pursuant to a subpoena by defendant. DCFS, which "is not a party and not privy to the issues in this matter, takes no position as to the release of these records." 2 It "requests that the Court take into consideration the rights of privacy and confidentiality for all of the persons identified in th
Summary: ORDER LANCE M. AFRICK, District Judge. Before the Court is a motion 1 filed by the Louisiana Department of Children and Family Services ("DCFS") for an in camera inspection of records requested pursuant to a subpoena by defendant. DCFS, which "is not a party and not privy to the issues in this matter, takes no position as to the release of these records." 2 It "requests that the Court take into consideration the rights of privacy and confidentiality for all of the persons identified in the..
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ORDER
LANCE M. AFRICK, District Judge.
Before the Court is a motion1 filed by the Louisiana Department of Children and Family Services ("DCFS") for an in camera inspection of records requested pursuant to a subpoena by defendant. DCFS, which "is not a party and not privy to the issues in this matter, takes no position as to the release of these records."2 It "requests that the Court take into consideration the rights of privacy and confidentiality for all of the persons identified in these records, by making the in camera inspection required by [La. Rev. Stat. § 46:56(H)],3 prior to deciding about their disclosure."4 DCFS also requests that the Court find that the subpoena has been satisfied.5
DCFS deposited the records with the Court and the Court ordered both parties to file a response.6 Pending the resolution of DCFS's motion, the Court did not disclose the records at issue.
The parties agree that La. Rev. Stat. § 46:56(H) does not bind this Court and that this Court need not conduct an in camera review.7 See United States v. Louisiana, No. 11-470, 2012 WL 832295, at *3 (M.D. La. Mar. 9, 2012) (Brady, J.) ("[T]he state privacy law, La. R.S. 46:56, plainly binds neither the federal government nor a federal court hearing suit under federal question jurisdiction."). Moreover, defendant authorized the release of his records to his attorneys8 and, as the government notes, "defendant himself placed his mental health at issue. Therefore, all records regarding his mental health are relevant and discoverable to both the defendant and the government."9 Accordingly, the Court finds that, based on the representations made by DCFS,10 DCFS has satisfied the subpoena issued by defendant, subject to the right of the parties to contest the same.
IT IS ORDERED that the records produced by DCFS will be released to counsel for defendant.
IT IS FURTHER ORDERED that, absent a Court order, the records produced by DCFS shall not be used or disclosed for any purpose other than in connection with the defense or prosecution of the above-captioned matter.
