59-30,206.
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/ks/chapter-59/59-30-106A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
59-30,206. Confidentiality of records; access to records.
(a)The existence of a proceeding for or the existence of a protective arrangement instead of guardianship or conservatorship is a matter of public record unless the court seals the record after:
(1)The respondent, the individual subject to the protective arrangement, or the parent of a minor subject to the protective arrangement requests the record be sealed; and
(2)either:
(A)The proceeding is dismissed;
(B)the protective arrangement is no longer in effect; or
(C)an act authorized by the order granting the protective arrangement has been completed.
(1)An order of protective arrangement is a matter of public record unless sealed by the court. All other court records of the proceeding relating to the protective arrangement are not a matter of public record except as further provided.
(2)The following persons may access court records of the proceeding and resulting protective arrangement:
(A)A respondent;
(B)an individual subject to a protective arrangement instead of guardianship or conservatorship;
(C)an attorney designated by the respondent or individual;
(D)a parent of a minor subject to a protective arrangement; and
(E)a licensed attorney, abstractor, or title insurance agent.
(3)A person not otherwise entitled to access to court records under this subsection for good cause may request permission from the court for access. The court shall grant access if access is in the best interest of the respondent or individual subject to the protective arrangement or furthers the public interest and does not endanger the welfare or financial interests of the respondent or individual.
(c)A report of a court liaison or professional evaluation generated in the course of a proceeding under K.S.A. 59-30,196 through 59-30,207 , and amendments thereto, must be sealed on filing but is available to:
(1)The court;
(2)the individual who is the subject of the report or evaluation, without limitation as to use;
(3)the petitioner, court liaison and petitioner's and respondent's attorneys, for purposes of the proceeding;
(4)unless the court orders otherwise, an agent appointed under a power of attorney for finances in which the respondent is the principal;
(5)if the order is for a protective arrangement instead of guardianship and unless the court orders otherwise, an agent appointed under a power of attorney for healthcare in which the respondent is identified as the principal; and
(6)any other person if it is in the public interest or for a purpose the court orders for good cause.