Juveniles

We see a need for the attorneys to have a uniform procedure on filing cases involving juveniles, such as Youth in Need of Care (YINC) cases, specifically on how to replace names with the least amount of confusion. Although siblings in Youth(s) in Need of Care cases are filed separately, there is still overlap of information in petitions, affidavits, etc., and their cases are often heard simultaneously. It is difficult to keep track of siblings and their circumstances during court hearings. One suggestion was to label each child as Juvenile 1, Juvenile 2, and so on.

Another point is that since these cases are considered confidential and are not open to public review, the use of the juvenile names in full in YINC’s would not be a violation of their right to privacy.

When the district judge signs an order, such as for financial support for a juvenile in the court system, the judge wants the juvenile named in the order so that the party affected knows what the order involves. It appears in these instances the order would need to be sealed under the current proposed rules.

We would like to have a “confidential information sheet” in conjunction with a Motion to Seal Documents containing personal data. One suggestion is to maintain a separate confidential materials file.

Uniformity between each district as well as guidance in regards to how to handle issues of privacy that will be coming up is very important and is of major concern.

Restricting private information on non-court documents

Street addresses, email addresses, cell phone numbers and the like are not protected categories of information by Section 4.50 (c) of the Access Rules. Absent a state or federal statute separately forbidding publication of these items of personal information — the Access Rules create an electronic framework requiring their publication.

But even where state or federal law separately prohibits the publication of addresses and phone numbers of certain classes of individuals — how will the law enforcement officer issuing the ticket, the Judge adjudicating the ticket or the Full Court software program determine that?

We can agree that rape victims, victims of domestic abuse and other crime victims will not want their addresses and phone numbers published on the internet. But if they receive a speeding ticket, unless they are well acquainted with the law and immediately file a motion to keep that information off the internet — it’s published. The harm is done.

Defendant’s Personal Information

It is my understanding that the federal courts do not post parties addresses on the internet? Would it be possible for the Court to address the real issue of providing all of a defendant’s information, DL, age, last 4 digits of social, address, phone, etc. on the internet.

As a judge, it concerns me that if I get a speeding ticket in Monatana, my address would be posted on the internet.

Medical Records

Medical records are unprotected from internet publication by the new Access Rules. They should be. As the Access Rule Commentary to Section 4.50 admits, HIPAA does not protect such documents because state courts are not included within the definition of “health care entities”.

“The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and regulations adopted pursuant to it limit disclosure of certain health related information about people by certain healthcare entities. 42 U.S.C. § 1320d; 45 C.F.R. Part 160 and 164. Whether the limitation extends to state court records is not clear, however, state courts are not included within the definition of health care entities that are covered by HIPAA.” See Access Rule Commentary to Section 4.50.

Once a medical record, psychological evaluation, child custody evaluation and other similar documents are admitted into evidence or attached as exhibits to affidavits filed before the courts, they become “court records” under Section 3.10 of the Access Rules. All court records except for records that are expressly not publicly available are slated for internet publication under the Access Rules.

In my family law practice it is not unusual to have psychologists involved to help the court decide contested parenting plan cases. The reports from psychologists performing custody evaluations include a detailed personal history of the adults, the children, psychological testing results, mental health diagnoses and recommendations of the professional for the court.

Why are not medical records, including psychological evaluations and medical and mental health related information categorically protected from internet publication? Why did not the Task Force add these records to 4.50 (c)?

As the Montana Psychological Association comment from June 1, 2006 noted, lots of harm to Montanans can come from unrestricted internet publication of such records.

Availability of court information on the Internet

In the context of removing “virtual obscurity” is it contemplated that all court proceedings, either by video or transcript, will be available on the internet?

Family Law Questions

As a family law practitioner, I am concerned about the many instances where disclosure of the following are required by the state or by the Court in documents to be filed in the Court.

(1) Complete social security numbers;
(2) Complete financial account numbers;
(3) Full names of minor children;
(4) Full birth dates of any person.

Specific instances where the above may be required include:
- MT Child Support Affidavits (social security numbers, birth dates of children)
- Qualified Domestic Relations Orders and the like
- Parenting Plans
- Petitions for Dissolution/Legal Separation which include children
- Final Decrees of Adoption, Dissolution, Legal Separation (especially where a woman wishes to be restored to her maiden name and a full birth date must be provided in the decree)
- Adoption petitions, decrees

I believe family law practitioners will be able to comply readily with some of the requirements, e.g., partial bank accounts, social security numbers in MT Child Support Affidavits, but not all, e.g., QDROs.

Drivers’ License Numbers

If a driver’s license is public information, and is a person’s social security number–is this information public?

Misdemeanor documents

Can someone tell me what is confidential and what is public information in misdemanor (sic) criminal documents.

Full Court Question

There is a lot of information contained in Full Court that historically would not be considered part of the official court record. For example, we track phone calls with defendants or third parties about the case. This is necessary for case management; however, some of this information I would hesitate to release to the internet…Defendant unable to pay because lost job, child sick, mother attempted suicide How should this information be handled?