Kentucky Statutes 202B.180 – Confidentiality of court records — Expungement — Disclosure by court order
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(1) The court records of a respondent made in all proceedings pursuant to this chapter shall be confidential and shall not be open to the general public for inspection except when the disclosure is provided in KRS § 202B.190.
(2) Following the discharge of a respondent from an ICF/ID or hospital or the issuance of a court order denying a petition for admission, a respondent may at any time move to have all court records pertaining to the proceedings expunged from the files of the court. The county attorney shall be given notice of any motion and shall have five (5) days in which to respond to same or request a hearing thereon.
(3) Any person seeking information contained in the court files or the court records of proceedings involving persons under this chapter may file a written motion in the appropriate court setting out why the information is needed. A District Judge may issue an order to disclose the information sought if the judge finds the order is appropriate under the circumstances and if the judge finds it is in the best interest of the person or of the public to have the information disclosed.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 52, effective July 12, 2012. — Created
1990 Ky. Acts ch. 147, sec. 17, effective July 13, 1990.
(2) Following the discharge of a respondent from an ICF/ID or hospital or the issuance of a court order denying a petition for admission, a respondent may at any time move to have all court records pertaining to the proceedings expunged from the files of the court. The county attorney shall be given notice of any motion and shall have five (5) days in which to respond to same or request a hearing thereon.
Terms Used In Kentucky Statutes 202B.180
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Hospital: means :
(a) A state mental hospital or institution or other licensed public or private hospital, institution, health-care facility, or part thereof, approved by the Kentucky Cabinet for Health and Family Services as equipped to provide full- time residential care and treatment for mentally ill persons or individuals with an intellectual disability. See Kentucky Statutes 202B.010 - Judge: means any judge or justice of the Court of Justice or a trial commissioner of the District Court acting under authority of SCR 5. See Kentucky Statutes 202B.010
- Respondent: means a person alleged in a hearing under this chapter to be an individual with an intellectual disability. See Kentucky Statutes 202B.010
(3) Any person seeking information contained in the court files or the court records of proceedings involving persons under this chapter may file a written motion in the appropriate court setting out why the information is needed. A District Judge may issue an order to disclose the information sought if the judge finds the order is appropriate under the circumstances and if the judge finds it is in the best interest of the person or of the public to have the information disclosed.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 52, effective July 12, 2012. — Created
1990 Ky. Acts ch. 147, sec. 17, effective July 13, 1990.