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NY S01728
Bill
Status
3/26/2025
Primary Sponsor
Samra Brouk
Click for details
AI Summary
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Restricts access to court records in mental hygiene guardianship proceedings (Article 81), allowing only parties, their attorneys, guardians, court evaluators, and court examiners to view, copy, or examine records without a court order
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Removes the current requirement that courts must find "good cause" before sealing records, instead making confidentiality the default for guardianship proceedings
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Eliminates the requirement that courts inform allegedly incapacitated persons of their right to request record sealing, while preserving the right to exclude persons from hearings
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Applies to all past, present, and future proceedings under Article 81 of the mental hygiene law
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Limits county clerks' obligation to restrict access to pre-existing records only to those they can readily identify as falling under the law's scope
Legislative Description
Provides that court records in a proceeding under articles 77, 78 and 81 of the mental hygiene law shall not be perused, examined, disclosed, taken or copied by any other person than a party, the attorney or counsel of a party, the guardian, the court evaluator or the court examiner except by order of the court.
Last Action
REFERRED TO MENTAL HEALTH
1/7/2026