Provides for the temporary sealing of certain medical records and professional evaluations filed in guardianship and conservatorship proceedings pending a judicial determination on the need for continued sealing. (SD1), the official text

HOUSE OF REPRESENTATIVES

H.B. NO.

2093

THIRTY-THIRD LEGISLATURE, 2026

S.D. 1

STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE UNIFORM PROBATE CODE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION
1.  The legislature finds that
guardianship and conservatorship proceedings under chapter 560, Hawaii Revised
Statutes, involve matters of a sensitive and private nature for individuals
whose capacity or incapacity becomes the subject of those court
proceedings.  A court's determination of
a person's ability to receive and evaluate information, or to make or
communicate decisions, to meet essential requirements for physical health,
safety, or self-care necessarily involves judicial review of reports,
information, evaluations, and medical records filed in judicial proceedings
that describe a person's mental or physical condition, diagnosis, and
prognosis, among other items of a highly personal and intimate nature.

The
legislature further finds that court records and judicial proceedings are
presumptively open to the public unless a compelling reason exists to restrict
public access.  Accordingly, the purpose
of this Act is to amend the procedure for sealing documents filed in
guardianship and conservatorship proceedings to better protect an individual's
right to privacy. This Act distinguishes between certain vital records that are
sealed upon filing by default and other highly sensitive materials, such as
medical records and professional evaluations, for which this Act establishes a
procedure for temporary sealing upon filing until a court hearing can be held
to determine whether a compelling interest justifies restricting public access.  These amendments are recommended by the state
judiciary's committee on the uniform probate code and probate court practices,
a group consisting of probate judges and attorneys who practice in the field of
probate, trust, and guardianship law.

SECTION 2.  Section 560:1-311, Hawaii Revised Statutes,
is amended to read as follows:

"[[]§560:1-311[]]  Documents sealed upon filing.
[In] (a)  This section
applies to the sealing of documents filed in any action or proceeding under
this chapter [in the circuit court having jurisdiction in matters relating
to the affairs of decedents, the].

(b)
The following documents shall be sealed upon filing:

(1)  Birth
certificate;

(2)  Marriage
certificate;

(3)  Death
certificate; and

(4)  Tax
return[;].

The foregoing documents shall remain sealed
unless otherwise ordered by the court.

(c)  The following documents shall be temporarily
filed under seal pending a court hearing to determine whether the documents
should remain sealed or be unsealed:

[(5)] (1)  Kokua kanawai's report;

[(6)] (2)  Court-ordered professional evaluation; [and]

[(7)] (3)  Responses and objections to a kokua kanawai's
report or a professional evaluation[.];

(4)  Physician's
letter or medical records regarding a person's inability to receive and
evaluate information, or to make or communicate decisions, to meet essential
requirements for physical health, safety, or self-care; and

(5)  Physician's
letter or medical records regarding a person's inability to manage property and
business affairs effectively because of an impairment in the person's ability
to receive and evaluate information or make or communicate decisions because of
another physical, mental, or health impairment.

[The foregoing documents shall remain sealed
unless otherwise ordered by the court; provided that the clerk, without further
court order, may unseal and provide a copy of a report or evaluation pursuant
to section 560:5‑307 or 560:5‑407.]"

SECTION 3.  Section 560:5-307, Hawaii Revised Statutes,
is amended to read as follows:

"§560:5-307  Confidentiality of records.
The [written report of a kokua kanawai and any professional
evaluation] documents enumerated under section 560:1-311(c) are
confidential [and shall be sealed upon filing,] but are available to:

(1)  The
court;

(2)  The
respondent without limitation as to use;

(3)  [The
petitioner,] All parties named in the petition under section
560:5-304(b), the kokua kanawai, any nominated guardian, and the petitioner's,
nominated guardian's, and respondent's lawyers, for purposes of the proceeding;
and

(4)  Other
persons for any purposes that the court may order for good cause."

SECTION 4.  Section 560:5-407, Hawaii Revised Statutes,
is amended to read as follows:

"§560:5-407  Confidentiality of records.
The [written report of a kokua kanawai and any professional
evaluation] documents enumerated under section 560:1-311(c) are confidential [and shall be
sealed upon filing,] but shall be available to:

(1)  The
court;

(2)  The
respondent without limitation as to use;

(3)  [The
petitioner,] All parties named in the petition under section
560:5-403(b) and (c), the kokua kanawai, any nominated conservator, and the
petitioner's, nominated conservator's, and respondent's lawyers, for purposes
of the proceeding; and

(4)  Other
persons for any purposes that the court may order for good cause."

SECTION
5.  Statutory material to be repealed is
bracketed and stricken.  New statutory
material is underscored.

SECTION 6.  This Act shall take effect upon its approval.