Section 81.14. Record of the proceedings  


Latest version.
  • (a) A record of the proceedings shall be made in all cases.
        (b)  The court shall not enter an order sealing the court records in a
      proceeding under this article, either in whole or in part, except upon a
      written finding of good cause, which shall specify the grounds  thereof.
      In  determining  whether  good  cause  has  been  shown, the court shall
      consider  the  interest  of  the   public,   the   orderly   and   sound
      administration  of  justice,  the  nature  of  the  proceedings, and the
      privacy of the person alleged to  be  incapacitated.  Where  it  appears
      necessary  or  desirable, the court may prescribe appropriate notice and
      opportunity to be heard. Court records shall include all  documents  and
      records  of  any  nature  filed  with  the  clerk in connection with the
      proceeding. Documents obtained through disclosure and not filed with the
      clerk shall remain subject to protective orders under the civil practice
      law and rules.
        (c) The court shall not exclude a person or  persons  or  the  general
      public from a proceeding under this article except upon written findings
      of  good  cause shown. In determining whether good cause has been shown,
      the court shall consider the interest of the  public,  the  orderly  and
      sound  administration of justice, the nature of the proceedings, and the
      privacy of the person alleged to be incapacitated.
        (d) At the time of the commencement of the hearing,  the  court  shall
      inform the allegedly incapacitated person of his or her right to request
      for  good  cause  that  the  court  records be sealed and that a person,
      persons, or the general public be excluded from the hearing.