Portage County Court of Common Pleas, Ohio Sealing & Redaction Procedures

CRITICAL

The decedent’s Social Security number must be redacted from the death certificate before filing.

The decedent’s social security number must be redacted from the certificate before filing.

CRITICAL

A filing may not disclose HIPAA-protected health information unless required by law in a confidential proceeding or in a case requiring an expert evaluation statement by law or court order.

Unless required by law in a confidential proceeding, and except in cases in which a statement of expert evaluation is required by law or by Court order, no filing may disclose any person’s health information that is protected under federal HIPAA law.

CRITICAL

The decedent’s social security number must be redacted from the death certificate accompanying a special-administrator application.

An applicant for appointment as a special administrator must initiate the process by filing an Application to Administer, modified to indicate the applicant is seeking appointment as a special administrator. The application must also be accompanied by a completed Next of Kin form and a true and accurate copy of the decedent’s death certificate with the decedent’s social security number redacted.

CRITICAL

Mediation communications must remain confidential unless all parties and the mediator consent to disclosure; confidentiality disputes should first be addressed with the mediator where possible.

All mediation communications related to or made during the mediation process are subject to and governed by the Uniform Mediation Act. Mediation communications are confidential, and no one shall disclose any of these communications unless all parties and the mediator consent to disclosure. This Court may impose penalties for any improper disclosures made in violation of this Rule. Disputes regarding confidentiality should first be addressed with the mediator where possible.

CRITICAL

Caregiver and prospective adoptive parent notices in the confidential file are accessible only to the Court or clerks unless or until the matter is transferred to the Domestic Relations Division.

Notice of and to a certified foster caregiver, kinship caregiver, or prospective adoptive parent shall be filed separately from the parties’ notices and kept in the confidential file, accessible only to the Court or clerks unless or until the matter is transferred to the Portage County Court of Common Pleas, Domestic Relations Division.

CRITICAL

If the Court grants a supported request for confidentiality based on a threat to the applicant’s personal safety, it will waive notice and permanently seal the file.

If an applicant for a name change or name conformity desires the proceeding and the record to be confidential, the applicant must file a request for confidentiality supported by an affidavit or other sufficient proof that notice of the hearing or public access to the record would jeopardize the applicant’s personal safety. A proposed entry must accompany the request. If the Court grants the applicant’s request, the Court will waive notice and permanently seal the file.

CRITICAL

The decedent’s social security number must be redacted from the death certificate before it is filed.

The applicant must file a true and accurate copy of the decedent’s death certificate with the application for authority to administer the estate. The decedent’s social security number must be redacted from the certificate before filing.

CRITICAL

Unless law or court order requires otherwise, filings must omit protected personal identifiers, show only the last four digits of account numbers, and submit any disclosure of personal identifiers separately as a nonpublic document.

Unless otherwise required by law or by Court order, no document filed with the Court may contain any protected personal identifiers. Personal identifiers include social security numbers, account numbers, PIN’s, user names, passwords and digital access codes. Account numbers in any filing must be identified with only the last four digits of the actual account number. Disclosure of all personal identifiers in a proceeding must be filed on a separate document, which will not become part of the public record.

CRITICAL

If a receiver's report, motion, fee application, or other filing refers to trade secrets (such as a plan for operating an ongoing business, proposed sale prices, customer information, personnel matters, or other non-public information) or would necessarily reference attorney-client or work-product communications, then redacted documents may be filed in the public record and served upon all parties that have appeared. When that occurs, a complete un-redacted document should be submitted to the Court for in camera review. Upon application by the receiver or any party, the Court will re-examine the document and determine whether previously redacted information should be disclosed in the public case file or for attorney viewing only.

If a receiver's report, motion, fee application, or other filing refers to trade secrets (such as a plan for operating an ongoing business, proposed sale prices, customer information, personnel matters, or other non-public information) or would necessarily reference attorney-client or work-product communications, then redacted documents may be filed in the public record and served upon all parties that have appeared. When that occurs, a complete un-redacted document should be submitted to the Court for in camera review. Upon application by the receiver or any party, the Court will re-examine the document and determine whether previously redacted information should be disclosed in the public case file or for attorney viewing only.

CRITICAL

With leave of court, a party may seek to file an unredacted document under seal by electronically filing a motion, and the judge may require a redacted public copy.

With leave of the court, a party may file under seal a document containing the un-redacted personal data identifiers listed above. The party seeking to file an un-redacted document must electronically file a motion to file the document under seal. In granting the motion or application to seal, the assigned judge may require the party to file a redacted copy for the public record.

CRITICAL

Confidential records are not open to public inspection. There are no exceptions.

Confidential records are not open to public inspection. There are no exceptions.

CRITICAL

Information about caregivers and prospective adoptive parents provided under R.C. 2151.424 is non-public and unavailable to the public.

Any information provided pursuant to R.C. 2151.424 regarding certified foster caregivers, kinship caregivers, or prospective adoptive parents to assist the Court in fulfilling its duties under this Rule is non-public and will not be available to the public.

CRITICAL

Applicants must black out Social Security numbers, driver’s license numbers, and driver’s license issuance and expiration dates on all documents submitted in a name-change proceeding.

The applicant must redact (black out) social security numbers, driver’s license numbers, and driver’s license issuance and expiration dates on all documents submitted to protect the privacy and confidential information of the applicant or minor.

CRITICAL

Social security numbers and other information required to be excluded from public records must be redacted under the applicable court rules.

All social security numbers and other information that must be excluded from public records must be redacted in accordance with the rules of this court and the Rules of Superintendence.

CRITICAL

After an individual turns 23, the Juvenile Court must expunge the specified previously sealed records after written notice to necessary parties and agencies, unless it receives notice of a civil action based on the case underlying the sealing order.

After an individual has attained twenty-three (23) years of age, the Juvenile Court shall expunge all previously sealed juvenile delinquency, unruly, or traffic files and records of the individual, following written notice to all necessary parties and agencies. Except that the Juvenile Court shall not expunge any records subject to a sealing order, if notified by any party in a civil action that such action has been filed based on a case the records of which are the subject of a sealing order.

CRITICAL

When notified that an out-of-county court sealed or expunged records in a case originating in Portage County, this Court must automatically seal or expunge its records without further notice.

Upon notice of sealing and/or expungement of records by an out-of-county court, of a case originating in Portage County, Ohio, this Court shall automatically expunge and/or seal any records in the Court’s possession without further notice.

CRITICAL

If the Court overrules such a petition, the record must be sealed immediately.

Whenever the Court overrules a petition for a Juvenile Civil Protection Order or Juvenile Domestic Violence Civil Protection Order, the record shall be sealed immediately.

CRITICAL

The listed records may not be made available to the public or any party without express Court authorization.

Without express authorization of the Court, the following records shall not be made available to the public, including any party to the case:

CRITICAL

A GAL must maintain the confidentiality of personal identifiers and certain addresses, may recommend restricting report access, and the Court may order access under protective conditions.

11. Maintain the confidential nature of personal identifiers, as provided in Sup.R. 44, or addresses, where there are allegations of domestic violence or risk to a party’s or child’s safety. A GAL may recommend that the Court restrict access to the report or a portion of the report, after trial, to preserve the privacy, confidentiality, or safety of the parties or the person for whom the GAL was appointed in accordance with Sup.R. 45. The Court may, upon application, and under such conditions as may be necessary to protect the witnesses from potential harm, order disclosure of or access to the information that addresses the need to challenge the truth of the information received from the confidential source;

CRITICAL

These orders must be sealed when the Respondent turns nineteen unless the Petitioner provides evidence of noncompliance.

All Juvenile Civil Protection Orders and Juvenile Domestic Violence Civil Protection Orders shall be sealed when Respondent turns nineteen (19) years of age, unless the Petitioner provides the Court with evidence that the Respondent did not comply with the Order.

CRITICAL

Filing parties must omit or partially redact the listed personal identifiers and confidential information from filed materials unless the assigned judge orders otherwise.

Filing parties must omit or, where inclusion is necessary, partially redact the following personal data identifiers from all pleadings, documents and exhibits, whether filed electronically or on paper, unless the assigned judge orders otherwise: (a) Social security numbers; (b) Minors' names; (c) Medical records, treatment and diagnosis; (d) Employment history; ( e) Individual financial information; and (f) Proprietary or trade-secret information.

CRITICAL

Bank statements must redact account numbers, showing only the last four digits.

Account numbers on bank statements must be redacted with only the last four digits of the actual account number being shown.

CRITICAL

Confidential pleadings containing caregiver or prospective adoptive parent contact information must be kept in a confidential file.

Any confidential pleading notifying the Clerk of a certified foster caregiver, kinship caregiver, or prospective adoptive parents’ name, address, and telephone number shall be kept in a confidential file.

WARNING

The confidentiality rule has exceptions for sharing communications with an attorney, certain abuse or neglect threats, statements planning or hiding an ongoing crime, and statements revealing a felony.

(C) Exceptions. All mediation communications are confidential with the following exceptions: 1. Parties may share all mediation communications with their attorney; 2. Certain threats of abuse or neglect of a child or an adult; 3. Statements made during the mediation process to plan or hide an ongoing crime; and 4. Statements made during the mediation process that reveal a felony.

WARNING

Confidential records are maintained in the Court’s confidential file.

All confidential records are kept in the Court’s confidential file and include, but are not limited to, the following:

WARNING

Sealed documents or case records are unavailable to the public without a court order, and expunged documents are unavailable.

If, however, a document or case record is sealed, it is unavailable for public disclosure without a court order. Expunged documents are unavailable.

WARNING

These orders may be sealed two years after expiration, even if the Respondent did not completely comply.

Juvenile Civil Protection Orders and Juvenile Domestic Violence Civil Protection Orders may be sealed two (2) years from their expiration, even if Respondent did not completely comply with the Order.

WARNING

Counsel and the parties are solely responsible for redaction; the Clerk's office will neither review filings for compliance nor redact them.

The responsibility for redacting personal data identifiers rests solely with counsel and the parties. The Clerk's office will not review the documents for compliance with this rule or redact documents, whether filed electronically or on paper.

WARNING

Records that are confidential by law or by Court order are not open and available for examination by any person at any time for any reason. A. Unsealing Records All confidential records are automatically unsealed and open for examination as public records 75 years after the date the file is finalized and closed, unless a later Court order mandates that a particular file remain confidential.

Records that are confidential by law or by Court order are not open and available for examination by any person at any time for any reason. A. Unsealing Records All confidential records are automatically unsealed and open for examination as public records 75 years after the date the file is finalized and closed, unless a later Court order mandates that a particular file remain confidential.

WARNING

Mediator files that are neither filed with the Clerk nor submitted to the Court are not available for public access.

All files maintained by a mediator but not filed with the Clerk of Court or submitted to the Court shall not be available for public access.

INFO

The Court may, in its discretion, initiate sealing or expungement of a Juvenile Court record under the cited statutes.

The Court, in its discretion, may also initiate the sealing and/or expungement of a Juvenile Court record in accordance with R.C. 2151.356 and R.C. 2151.358.