The Supreme Court has adopted a new public access policy for records of appellate and trial courts in Pennsylvania. Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts; No. 477 Judicial Administration Doc., 47 Pa.B. 291 (1/21/2017).
Included in the new policy is a table of limits to public access for different kinds of cases, with the following limits for matters within the Orphans’ Court:
| Subject Area | Record Description | Accessibility | Authority |
|---|---|---|---|
| Orphans’ Court | Proceedings related to appointment of guardianship for incapacitated persons. | Shall be closed to the public upon request of the alleged incapacitated person or his counsel. After the individual’s death his/her estate may access the record of the guardianship proceedings. | 20 Pa.C.S. § 5511(a); In re Estate of duPont, 2 A.3d 516 (Pa. 2010). |
| Orphans’ Court | Records required for foreign adoption decrees. | No Public Access unless a court order is granted upon good cause. | 23 Pa.C.S. § 2908(F); Pa.O.C.R. 15.7. |
| Orphans’ Court | Adoption records. | No Public Access unless otherwise ordered. | 23 Pa.C.S. § 2915; see also 23 Pa.C.S. § 2906; Pa.O.C.R. 15.7. |
| Orphans’ Court (Family Court in Philadelphia County or Juvenile Court Section of Family Division in Allegheny County Pa.R.J.A. 2157) | Applications of a minor for judicial approval of decision to have an abortion, under the Abortion Control Act, as well as proceedings and the name of the minor. | No Public Access; sealed dockets, and documents shall be maintained in a closed file marked ‘‘confidential’’ and identified by case number only. | 18 Pa.C.S. § 3206(f); Pa.O.C.R. 16.2 and 16.6. Note also Pa.R.J.A. No. 2157 and Pa.R.A.P. 3801. |
