Need to get into daughter's iPod touch, now disabled, is subpoena needed?

That's what any company would do. I think the better thing to do with your child would be to ground her for her health, and seeing as how you cannot receive or send text messages from and iPod Touch, you wouldn't find much information (unless it was via email, which could be accessed on any computer).

HuskieN

that's NOT true, i Text from my iPod all the time, with an app called TextNow, and theres a bunch of simular apps in existance

If the iPod has the red "disabled" notice on it, it means that someone set a passcode on the screen lock and either that person forgot the code or someone else tried to access the iPod and entered the wrong code too many times. The only way into the iPod at this point is to restore it, and that will erase all the data on it which would of course defeat your purpose. There won't be anything Apple could do about this, even with a court order; it's just not technically possible for them to get past the block and still keep the data intact.

If the iPod was synched to a computer you have at home, you could restore it using the most recent backup. That would allow you to reset the passcode. But even if you can do that, there is no guarantee that any text message app your daughter might be using would have its data in a form where it could be backed up. If it's a possibility, though, see:

http://support.apple.com/kb/ht1212

Otherwise, I understand your concern and sympathize with your aims, but unless there's a service somewhere that could crack the iPod open and directly access its data (I've never heard of such as service, but I can't say that one doesn't exist), there's probably no way you could access the data you need.

Regards.