SUBPOENAS, WARRANTS, ARREST, ETC
POLICY STATEMENT:
It is the policy of the Department of Military and Veterans Affairs, Division of Veterans Healthcare Services, that the New Jersey Veterans Memorial Homes not accept responsibility for subpoenas, warrants, etc., delivered to the facility for its residents or employees. Further, Interrogatories and Orders to Show Cause must be served to the Attorney General’s Office.
PURPOSE:
The intent of this policy and procedure is to define how Subpoenas, Warrants, Interrogatories, Orders to Show Cause, and related matters of lawful inquiry and/or interest shall be handled by each of the New Jersey State Veterans Homes, and to ensure all such matters are presented and/or served to the attention of the Attorney General’s Office.
PROCEDURE:
A. When a Serving Officer of a subpoena, warrant, etc. arrives on the grounds, the CEO or designee must be notified.
B. The Serving Officer shall inform the CEO/designee whom they wish to serve and what the subpoena, warrant, etc. is for. The CEO/designee will then decide how the subpoena, warrant, etc., will be served.
C. If the subpoena, warrant, etc. concerns:
| 1. An Employee: |
a. An Administrative Representative will be contacted to provide necessary follow through. b. The Supervisor of the employee shall be contacted and informed that the transaction is to occur. c. The Administrative Representative will escort the employee to a private area for the serving of the subpoena, warrant, etc. d. The Administrative Representative shall have the authority to supervise the transaction, in conjunction with the Serving Officer. |
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| 2. A Resident: |
a. Social Services will be contacted and will determine, based on competency/guardianship status, how a resident will be served. |
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| 3. Resident/Self: |
a. Resident will be escorted to the Social Services Office, or private area, for serving the subpoena, warrant, etc. b. The Social Worker will have the authority to supervise the transaction, in conjunction with the Serving Officer. |
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| 4. Resident/Guardian: |
a. Social Worker will provide the Serving Officer with the necessary information to contact resident’s guardian for serving the subpoena, warrant, etc., on behalf of the resident. |
D. Facility employees cannot accept subpoenas, warrants, etc. for residents or other employees.
E. If Interrogatories or Orders to Show Cause are left at the facility, they are to be returned to the sender via Certified, Return Receipt Requested Mail, advising that they must be served to the Attorney General's Office.
F. Under no circumstances will a Serving Officer tour a facility unattended.
ADMINISTRATION - 09-02-009
Revised: July 2005_