Scott Circuit Court Sealing & Redaction Procedures

Criminal cases

Mental Health Court proceedings must remain confidential and closed unless the Judge authorizes otherwise.

Mental Health Court proceedings shall be confidential, and all proceedings shall be closed unless otherwise authorized by the Judge.

The Circuit Clerk must seal covered temporary custody orders and background checks from inspection except by the parties, their counsel, by court order, and official Cabinet representatives.

Temporary Custody Orders granted pursuant to KRS 199.473(7) and accompanying background checks shall be sealed by the Circuit Clerk and not opened to inspection by persons other than the parties to such proceedings and their counsel or by court order. Representatives of the Cabinet for Health and Family Services acting in their official capacity shall not be denied access.

When personal identifiers are required or appear in covered filings, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the unredacted copy is limited to authorized persons. Filings in actions deemed confidential by statute need not be redacted.

Where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. The Circuit Clerk shall only permit access to the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy by specific order of the Court. As used in this section, "personal identifier" means a Social Security number or tax-payer identification number, date of birth, or financial account number. B. Pleadings, documents or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by these rules and by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.

Criminal cases

Mental Health Court documents other than the specifically listed documents must be kept confidential and under seal.

All other Mental Health Court documents shall be kept confidential and under seal:

During adoption proceedings, court files and records may be inspected only by the specified parties, attorneys, and official CHFS representatives unless the Family Court expressly permits inspection by order.

H. Pursuant to KRS 199.570(1)(a), the files and records of the Court during adoption proceedings shall not be open to inspection by persons other than parties to the proceedings, their attorneys, and representatives of the Cabinet for Health and Family Services acting in their official capacity without order of the Family Court expressly permitting inspection.

The Circuit Clerk may not release covered Family Court video records without a specific written order from a Family Court Judge; the rule does not apply to qualifying public officers or employees, who may use or distribute the information only for authorized investigation or prosecution.

The Circuit Clerk shall not release any Family Court video record of in-chamber interviews with children or other court proceeding closed by statute, rule or court order without a specific written order of a Family Court Judge. An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the portion of the video record being requested and the specific purpose for the request. B. Pursuant to KRS 610.340(2), Rule 902(A) shall not apply to public officers or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as certified by that public officer or employee. Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.

A petitioner's and minor child's addresses must be kept from the public and the protection-order respondent, but CHFS representatives may access them when investigating a pending case.

D. Pursuant to KRS 403.770(1) the petitioner's address and the address of any minor child shall not be made available to the public, or to the person or persons named as the respondent in the protection order. Representatives of the CHFS may have access if investigating a pending case.

Criminal cases

Mental Health Court team members must comply with state and federal confidentiality laws regarding treatment information.

Mental Health Court team members shall comply with state and federal confidentiality laws regarding treatment information.

After final judgment in an adoption case, the Circuit Clerk must seal all case papers and records in a suitable envelope, which may be inspected only by written court order.

Pursuant to KRS 199.570(1)(b), upon the entry of the final judgment in the case, the Circuit Clerk shall place all papers and records in the case in a suitable envelope which shall be sealed and shall not be open for inspection by any person except on written order of the Court.

Criminal cases

Documents in a participant’s Mental Health Court case file must remain confidential and may not be released.

Documents contained in a participant's Mental Health Court case file shall be confidential and shall not be released.