Rule 8.04 - Juvenile Protection Case Records Inaccessible to the Public, Parties, or ParticipantsSubd.1. Definitions. The following definitions apply for purposes of this rule: (a) "Calendar" is as defined in Rule 8, subd. 2, of the Rules of Public Access to Records of the Judicial Branch.(b) "Register of Actions" is as defined in Rule 8, subd. 2, of the Rules of Public Access to Records of the Judicial Branch.(c) "Remote Access" is as defined in Rule 8, subd. 2, of the Rules of Public Access to Records of the Judicial Branch.(d) "Confidential document" means any document that is inaccessible to the public under subdivisions 2 or 4 of this rule.(e) "Confidential information" means any information that is inaccessible to the public under subdivision 2(d), (e), (j), (l), (m), or (p). Subd. 2. Confidential Documents and Confidential Information. The following juvenile protection case records are confidential documents or confidential information and are accessible to the public, parties, and participants only as specified in subdivision 3: (a) official transcripts of testimony taken during proceedings that are closed by the presiding judge;(b) audio or video recordings of a child alleging or describing physical abuse, sexual abuse, or neglect of any child;(d) portions of juvenile protection case records that identify reporters of abuse or neglect;(e) records of HIV testing, portions of records that reveal any person has undergone HIV testing, or any reference to any person's HIV status;(f) medical records, chemical dependency evaluations and records; psychological evaluations and records; and psychiatric evaluations and records;(g) sexual offender treatment program reports; (h) portions of photographs that identify a child; (i) notices of change of foster care placement;(j) the identity of a minor victim or perpetrator of an alleged or adjudicated sexual assault;(k) notice of pending court proceedings provided by the petitioner pursuant to the Indian Child Welfare Act, 25 U.S.C.§ 1912, and any response to that notice from an Indian tribe or the Bureau of Indian Affairs as to whether the child is eligible for tribal membership, including documents such as family ancestry charts, genograms, and tribal membership information;(l) records or portions of records which the court in exceptional circumstances has deemed to be inaccessible to the public through a protective order issued under Rule 8.07;(m) the name, address, home, or location of any shelter care facility or foster care in which a child is currently placed pursuant to law or court order, except in documents consenting to adoption or transferring permanent legal and physical custody to a foster care provider or relative;(n) signature pages containing signatures of foster parents or children whose identities are confidential;(o) documents provided to the court to give notice of a hearing for a child under state guardianship pursuant to Rule 27.07, subd. 2; and (p) names, addresses, e-mail addresses, or telephone numbers that would endanger a person if disclosed in a public court filing.Subd. 3. Access to Juvenile Protection Case Records by Public, Parties, and Participants.(a)Public. The public shall have access to inspect and copy all juvenile protection case records in the court file, except those listed in subdivision 2(a)-(p) and subdivision 4 of this rule.(b)Parties. Unless otherwise ordered by the court, parties shall have access to inspect and copy all juvenile protection case records in the court file, except those listed in subdivision 2(b), (d), and (e) of this rule. Records listed in subdivision 2(p) of this rule shall not be accessible to the parties, but shall be accessible to the attorneys and the guardian ad litem.(c)Participants. Upon order of the court, participants may have access to inspect and copy all juvenile protection case records in the court file, except those listed in subdivision 2(b), (d), (e), and (p) of this rule. A participant's request for an order permitting access need not be made by written motion, but may be made orally on the record.Subd. 4. Juvenile Case Records Confidential and Presumptively Inaccessible to the Public Unless Authorized by Court Order. The following juvenile protection case records are confidential and presumptively inaccessible to the public unless otherwise ordered by the court upon a finding of an exceptional circumstance: (a) "Confidential Documents" filed under subdivision 5; and(b) "Confidential Information Forms" filed under subdivision 5.Subd. 5. Submission of Confidential Documents and Confidential Information.(a)Confidential Documents. No person shall file a confidential document listed in subdivision 2 unless it is submitted under a cover sheet entitled "Confidential Document" (see Form 11.3 as published by the State Court Administrator), in which case the document shall be designated as confidential and inaccessible to the public. The person filing a confidential document is solely responsible for ensuring that it is filed under a "Confidential Document" cover sheet and designated as confidential.(b)Confidential Information. No person shall file a publicly accessible document, including without limitation, petitions and social services or guardian ad litem reports, that contains any confidential information listed in subdivision 2. Confidential information shall be omitted from the public document and filed on a separate document entitled "Confidential Information Form" (see Form 11.4 as published by the State Court Administrator), in which case the Confidential Information Form shall be designated as confidential and inaccessible to the public. The person filing a publicly accessible document is solely responsible for ensuring that all confidential information is omitted from the document and filed on a separate "Confidential Information Form." A person filing a document that refers to a child or foster parent using a pseudonym may reference a Form 11.4 previously filed that identifies the child or foster parent instead of filing a new Form 11.4.(c)Records Generated by the Court. Confidential information generated by the court in its register of actions, calendars, indexes, and other records shall not be accessible to the public. Paragraphs (a) and (b) of this subdivision do not apply to orders or other documents filed by judicial officers.(d)Noncompliance.(1)Confidential Document.(i) If it is brought to the attention of court administration staff that a confidential document has not been filed under a "Confidential Document" cover sheet and/or has not been designated as confidential, court administration staff shall designate the document as confidential, notify the filer of the change in designation, and direct the filer to promptly file a cover sheet in compliance with subdivision 5(a) of this rule.(ii) If it is brought to the attention of court administration staff that an Indian tribe or the Bureau of Indian Affairs has filed a response to a notice described under subdivision 2(k) of this rule but failed to file a "Confidential Document" cover sheet and/or designate the response as confidential, court administration staff shall designate the response as confidential. Court staff shall not direct the filing of a cover sheet under this paragraph. (2)Confidential Information. If it is brought to the attention of court administration staff that a publicly accessible document includes confidential information that has not been filed under a "Confidential Information Form" and/or has not been designated as confidential, court administration staff shall designate the document as confidential and direct the filer to promptly file a document in compliance with subdivision 5(b) of this rule.(3)Sanction. If a person fails to comply with the requirements of this rule, the court may upon motion or its own initiative impose appropriate sanctions, including any monetary fee to the court or costs necessary to prepare a document for filing that complies with this rule.Minn. Juve. Prot. P. 8.04