Access to Juvenile Justice Spring 2012

Minors making news: a state-by-state guide to juvenile courts nationwide

By Kristen Rasmussen

The last time Tim Harmon said he heard about a prior restraint on publication was in the 1970s in what famously became known as the Pentagon Papers case — until, that is, two months ago. That’s when editors and others in the South Bend Tribune newsroom learned that an Indiana appeals court had granted a request from a state agency to prevent publication of information from four audio recordings and accompanying transcripts from the agency’s child abuse hotline. The information con- tained in the records was the basis of a signif- icant report in the paper’s ongoing investiga- tive series about the child-protection system in Indiana. The documents revealed that six months before a 10-year-old boy was found tortured and killed in his home late last year, an anonymous caller tried to get the agency to investigate the mistreatment of children at the boy’s home, pleading at times during the 20-minute phone conversation with the those for whom such anonymity and con- age crime wave produced a significant child welfare official to intervene imme- fidentiality are intended to protect are the increase in the number of older juveniles diately, before a child dies. ones making the news. charged with serious offenses, Berlin said. Faced with the threat of contempt of The public access right “also has to do court, executive editor Harmon and other The jurisprudence of access to with the severity of the crime. When you newsroom leaders opted to follow the juvenile courts have barely juveniles charged with mur- advice of their attorney and remove the Courts across the country have repeat- der, many of those cases start to look more story from the paper’s website, only about edly declined to find a First Amendment- like an adult proceeding,” he said. an hour after it had been posted that Fri- based right of public access to the juve- Ohio media lawyer David Marburger day afternoon, and halt plans to publish in nile court system. Following the U.S. agreed. Marburger represented The print that weekend. Supreme Court’s rationale that such a Columbus Dispatch in its 1990 appeal to As it turns out, child services officials, right exists where both experience and the Ohio Supreme Court challenging a who maintained that publicly disclosing logic favor openness, most courts have trial court order closing all juvenile court the identity of anonymous hotline callers found that public scrutiny is inconsistent proceedings to determine whether a child would chill similar reports of child abuse, with the juvenile court’s aim of protecting was abused, neglected or dependent. The had little to worry about. In accordance children from the stigma and emotional state Supreme Court found that juvenile with its consistent assertion that the paper trauma that can accompany publicity. court proceedings are neither presump- had no interest in identifying the caller, Courts likewise have dismissed historical tively open nor presumptively closed in staff members, as soon as they received considerations, finding that a hallmark of Ohio. And a juvenile court can restrict the records, began extensive efforts to dis- the nation’s juvenile court system is the public access to the proceedings only if, guise the woman’s identity. adjudication of matters outside the pub- after a hearing, it finds there is a reason- “We spent those few days [between lic’s gaze. able and substantial basis for believing receiving the records and the Friday “The primary purpose has traditionally that public access could harm the child or of online publication] getting the story been to try and intervene with juveniles endanger the fairness of the adjudication, ready. We made sure to take out all iden- and protect them, so there has been a the potential harm to the child outweighs tifying information. We changed [the move to keep proceedings that involve the benefits of public access and there are caller’s] voice so significantly that you juveniles more private than [parties] no reasonable alternatives to closure. couldn’t even tell the gender,” Harmon would be entitled to in an adult court Since then, there has been increased said in an interview. system,” said Seth Berlin, a Washington, openness in juvenile court proceedings Shortly before a hearing before the D.C., media lawyer who authored in part in Ohio and more judicial skepticism of appeals court in Indianapolis the next a treatise on newsgathering and the law attempts to close proceedings, Marburger Monday, state Attorney General Greg that includes a comprehensive discussion said. Zoeller intervened, asking the court to of the right of access to juvenile courts Although the 1990 Dispatch case involved dismiss the matter. He said that a system nationwide. access to juvenile dependency proceed- exists to resolve disputes between govern- As such, juvenile proceedings, namely ings, Marburger, like Berlin, attributes ment agencies and the news media over delinquency proceedings, largely resem- much of the increased access to the spike access to public records but that “prior ble criminal cases. However, unlike adult in serious juvenile delinquent acts. restraint of the news media publishing offenders, juveniles in most jurisdictions “What we were mostly accustomed records is inconsistent with the First are not charged with crimes but rather to was confidentiality to protect juve- Amendment.” with committing “delinquent acts.” niles from their immature acts creating For journalists and others who rely on Accordingly, juveniles do not have a trial; bad consequences for them when they this constitutional right to gather and dis- they have an adjudicatory hearing. If the achieved a more mature adulthood,” he seminate information about matters of court finds that the child committed the said. “The issue now is that these 17-year- public interest and concern free from gov- delinquent act, the child is not convicted olds who would be charged with violent ernment interference, the case is certainly but instead declared an adjudicated delin- crimes if committed by an adult don’t significant — and not only as an alarming quent. Because these proceedings are need as much protection as the juvenile example of the dangerous threats to press technically not criminal prosecutions, court system would give them. The public freedom in those rare instances where courts have been free to reject the firm has a big interest in seeing how those mat- “some misguided government agency body of law that generally holds that ters are resolved.” finds a misguided judge who’s willing to criminal proceedings are presumptively Despite this trend toward openness, order a publication to suppress a story,” open to the public. Marburger observed earlier this year that as a March 13 Tribune editorial described the juvenile court’s longstanding stigma the events. Shifting standards of secrecy may not be so easily discarded. The scenario also serves as a dramatic But the media’s and public’s ability to In February, a juvenile court judge, before example of the tension between the pub- gain access to juvenile delinquency pro- any hearing in the matter and on his own, lic’s interest in providing oversight of ceedings has improved since the late issued an order prohibiting members of an institution that adjudicates children’s 1980s and early 1990s, when a teen- the news media from photographing the matters and its interest in rehabilitating and protecting its most vulnerable from lasting stigma and emotional trauma. To be sure, the secrecy that traditionally This guide was researched and written by McCormick has been the hallmark of juvenile courts Fellow Kristen Rasmussen. Funding for its publication nationwide often impedes the ability to was provided by The McCormick Foundation. gather and disseminate information when

2 The Reporters Committee for Freedom of the Press face of 17-year-old T.J. Lane, the high juvenile dependency proceedings in Los further guidance on the relevant statute. school sophomore charged with gunning Angeles County are open to the media Note that the law governing the right of down three fellow students and wounding unless the parties involved can show that public access to other proceedings involv- two others on campus, or any member of harm or detriment to the minor involved ing minors, including divorce, child cus- his family not only in the courtroom but is reasonably likely to occur because of tody and visitation, paternity and adoption presumably on court premises and per- media access to the proceeding. proceedings, is not covered in this guide. haps at all, Marburger said. “There has been a recent recognition Finally, because the guide is intended for Before he challenged the order on behalf that the juvenile court system does not journalists, it does not expound on situa- of the Associated Press, Marburger and work as well as it always should,” Berlin tions where various individuals or agen- Lane’s attorney reached an agreement, said. “Even in dependency cases, there cies designated by statute have a right of and the court vacated its order. are some courts that have said that having access to proceedings or records that does “One of the things that is strange about a little bit more openness serves a good not extend to members of the news media. juvenile courts is that they have always public benefit.” This guide is meant as a general intro- had an aura of confidentiality created by duction for journalists to the state of the statute and rules that make them almost State-by-state guide law concerning the right of public access a secret court,” he said. “But judges [who The following is a state-by-state guide to juvenile courts. It does not replace the are not accustomed to presiding over to each jurisdiction’s law regarding access legal advice from an attorney in one’s own high-profile juvenile delinquency pro- to juvenile courts. Some of the informa- state when confronted with a specific legal ceedings] have a very limited understand- tion was compiled by the authors of the problem. Journalists who have additional ing or realization that these secret courts Reporters Committee for Freedom of the questions or who need to find a lawyer are not as secret as they used to be.” Press’ Open Courts Compendium. with experience litigating these types of But even the Ohio Supreme Court in This guide outlines: The right of access claims can contact the Reporters Com- the 1990 Dispatch case recognized that to juvenile delinquency proceedings, mittee at (800) 336-4243. the need for confidentiality is even more including transfer hearings, or the pro- compelling in the case of a child who is ceedings during which the juvenile court Alabama abused, neglected or dependent. determines whether the minor should be Delinquency and dependency proceed- “The delinquent child is at least partially prosecuted as an adult in criminal court. ings: Juvenile court proceedings are gen- responsible for the case being in court; an Unless specifically noted otherwise, the erally closed to the public in Alabama, abused, neglected, or dependent child law of most states does not differentiate although those with a proper interest is wholly innocent of wrongdoing,” the between access to transfer hearings and in the case or in the work of the court court said in In re T.R., which involved other delinquency hearings and thus the may be admitted but only on the condi- a consolidated custody and dependency standard governing the media’s and pub- tion that they refrain from divulging any proceeding related to a child born to lic’s access right to delinquency proceed- information that would identify the child a surrogate mother. “While the public ings in general will likewise apply to trans- or family involved. Ala. Code § 12-15-129 arguably has an interest in delinquency fer hearings in most jurisdictions; The (2012). But the state intermediate crimi- proceedings which is analogous to its right of access to juvenile delinquency nal appellate court held that the media’s interest in criminal proceedings &hel- records, including juveniles’ law enforce- publication of a juvenile defendant’s name lip; this interest is not present in abuse, ment records in those states where the law prior to his transfer hearing in violation of neglect, and dependency proceedings.” specifically addresses them; The right of the confidentiality law did not violate his Because of this lack of similarity to access to dependency proceedings; The right to a fair and impartial hearing where criminal proceedings, access to which right of access to dependency records; the judge, who of necessity knew the juve- is governed by constitutional standards, Restrictions of media coverage of minors niles’ names, rather than a jury sat as the access issues in the dependency side of who appear in adult court, either civil or trier of fact. C.S. v. State, 615 So. 2d 1254, juvenile courts — where abuse, neglect criminal, as either victims or witnesses, 1255 (Ala. Crim. App. 1992). and abandonment issues are handled — including exclusion from the courtroom Delinquency and dependency records: largely involve the interpretation of stat- during their testimony and restrictions Juvenile court records are confidential utes, which vary greatly among the states on identifying or photographing them. in Alabama and may be inspected only in terms of transparency. Unless specifically noted otherwise, a by certain individuals and agencies des- But dependency proceedings generally state’s court rules governing media cover- ignated by statute. Ala. Code § 12-15- remain even more impervious to public age of judicial proceedings do not impose 133. But the court may release statistical insight than delinquency cases. But per- any additional restrictions on covering information regarding the processing and haps taking a cue from the delinquency minors beyond those that apply gener- disposition of juvenile cases if the parties side, some juvenile courts have concluded ally to all court proceedings. Some states’ cannot be identified from such informa- that public access to dependency proceed- discussions lack any mention of rules for tion and the release is not detrimental to ings may improve juvenile court practice recording or photographing minors in the interests of a child or the work of the and serve many, if not all, of the societal adult court most likely because cameras juvenile court. Ala. R. Juv. Proc. R. 18. values first recognized in the context of a and electronic recording devices are not Restrictions on coverage: Alabama law criminal trial. allowed in those states’ trial courts; and allows victims and witnesses 15 years Perhaps most recent among them is The few states that allow cameras and old or younger to testify about child or the Los Angeles County Juvenile Court. recording devices in juvenile courts and sexual abuse or child sexual exploitation Pursuant to a Jan. 31, 2012, order by the the procedures the media must follow to outside the presence of the defendant via court’s presiding judge, members of the record or photograph there. video-recorded testimony or closed-cir- media are deemed to have a legitimate References to case law have been cuit television. The law does not specify interest in the work of the court, and included where courts have provided whether the media and public may remain

Minors making news: access to juvenile courts 3 in the courtroom during this testimony, minor who is testifying if the minor’s par- are four exceptions to this rule: 1) where although it does state that the videotape is ent or guardian expressly objects to the the court, in its discretion, permits indi- subject to a protective order of the court coverage. Ala. Canons of Jud. Ethics 3. viduals to attend because their attendance to protect the privacy of the victim. Ala. is compatible with the best interests of the Code §§ 15-25-2, 15-25-3. Judicial rules Alaska minor; 2) where the state Department of governing media coverage of trials and Delinquency proceedings: Although the Health and Social Services requests open- other judicial proceedings prohibit pho- public is generally excluded from juvenile ness and the petition for adjudication is tographing, recording or broadcasting a delinquency proceedings in Alaska, there based on the minor’s alleged commission

Juvenile access chart The following chart provides at-a-glance information about involved; Conversely, where the information indicates that cer- the right of access to juvenile courts in each state. As with tain proceedings and records are not generally open, there is not the remainder of this guide, it approaches the issue from the a right of public access except in certain circumstances where, for point of view of members of the news media. It is designed to example, the court finds that an individual has a legitimate interest supplement, not serve as a substitute for, the in-depth infor- in the case or in the work of the court and thus should be admitted; mation included for each jurisdiction. Keep in mind that in Where a box indicates “certain offenses and ages” or “certain child many states, the media must file a motion or otherwise notify abuse and neglect,” for example, there is a right of public access the court of their intent to attend - and, where relevant, bring to those proceedings or records where they involve, respectively, cameras or other recording devices into - a particular proceed- certain statutorily designated offenses committed by juveniles of a ing. Also be aware that the chart does not indicate the extent certain statutorily designated age and certain statutorily designated of information available in those jurisdictions where juvenile cases involving child abuse or neglect; The ≥ symbol followed by court or law enforcement records may be publicly disclosed. a number indicates a juvenile of that age or older, i.e., “ ≥ 14 and The language should be interpreted as follows: Where the felony” indicates a delinquency case involving a juvenile 14 years information indicates that certain proceedings and records old or older charged with a felony offense if committed by an adult; are generally open, there is a right of public access except in and Where there is no information beneath the column about law certain circumstances where, for example, a judge determines enforcement records, the relevant law does not address the right of that closure is necessary to protect the interests of the child public access to police or other criminal-agency records.

Delinquency Dependency Law enforcement Cameras proceedings proceedings Delinquency records records generally Dependency records in juvenile State generally open? generally open? generally open? open? generally open? court? Alabama no no statistics only statistics only no Alaska no yes no certain abuse and neglect no Arizona yes yes yes certain abuse and neglect no Arkansas yes no statistics only felonies no California violent crimes yes if proceeding was open; ≥ 14 and serious certain abuse and neglect; if no violent crime felony proceeding was open Colorado yes yes no certain offenses; tried certain abuse and neglect no as an adult; escaped Connecticut yes yes no escaped; wanted for no no felony Delaware felonies no certain offenses felonies and serious no no misdemeanors District of Columbia yes yes no no no Florida yes yes statistics only felonies and repeat statistics only no misdemeanors Georgia yes yes certain offenses certain abuse and neglect yes Hawaii no no certain offenses and ages no no Idaho ≥ 14 and felony no ≥ 14 and felony no no Illinois yes yes certain offenses and ages tried as an adult no no Indiana felonies yes certain offenses and ages yes certain abuse and neglect; no threat to community Iowa yes yes no tried as an adult certain abuse and neglect yes Kansas ≥ 16 termination of certain offenses and ages certain offenses and certain abuse and neglect no parental rights ages Kentucky no no no no certain abuse and neglect no Louisiana certain offenses no statistics only certain offenses no no and ages; escaped; wanted for serious offenses Maine certain offenses no if proceeding was open at time of charging certain abuse and neglect no Maryland felonies no no no no Massachusetts murder or by no if by indictment certain offenses and no no indictment ages

4 The Reporters Committee for Freedom of the Press of a felony or other serious offense; 3) the minor agrees to or requests a public commence the case; 2) a hearing follow- where the prosecutor is seeking imposi- hearing. Alaska Stat. § 47.12.110 (2012). ing the initial hearing in which a parent, tion of a dual sentence, or the imposi- Dependency proceedings: Hearings child or other party is present but has not tion of an adult sanction and a juvenile in juvenile dependency proceedings are had an opportunity to obtain legal rep- sanction, the former of which is enforced generally open to the public, with certain resentation; and 3) a hearing or part of a only if the latter is violated, or the minor exceptions. Specifically, the following are hearing for which the court issues a writ- agrees as part of a plea agreement to be closed to the public: 1) the initial court ten order finding that openness or partial subject to dual sentencing; and 4) where hearing after the filing of a petition to openness would reasonably be expected

Delinquency Dependency Law enforcement Cameras proceedings proceedings Delinquency records records generally Dependency records in juvenile State generally open? generally open? generally open? open? generally open? court? Michigan yes yes yes no no Minnesota ≥ 16 and felony yes ≥ 16 and felony yes no Mississippi no no certain offenses at time of custody; certain abuse and neglect no missing; abducted; statistics Missouri certain offenses yes certain offenses tried as an adult; yes no certain offenses Montana yes not specified yes certain abuse and neglect no Nebraska not specified not specified yes yes yes Nevada yes depends on if proceeding was open; no no location certain offenses New Hampshire no no certain offenses and ages escaped no no New Jersey transfer no certain offenses no no hearings only New Mexico yes yes no certain abuse and neglect no New York yes yes no certain abuse and neglect no North Carolina yes no no runaway certain abuse and neglect no North Dakota contempt; no if proceeding was open; tried as an adult; general, non-identifying no certain transfer general, non-identifying escaped; wanted for information hearings information felony; general, non- identifying information Ohio yes yes tried as an adult; if no yes proceeding was open; certain offenses Oklahoma certain offenses no certain offenses and ages certain offenses and certain abuse and neglect no ages Oregon yes yes limited info. certain abuse and neglect; no limited information Pennsylvania certain offenses no certain offenses and ages if court records are no no and ages open; tried as an adult Rhode Island no no tried as an adult; tried as an adult; certain abuse and neglect no convicted in juvenile court convicted in juvenile court South Carolina no no tried as an adult; certain tried as an adult; certain abuse and neglect no offenses certain offenses; escaped South Dakota ≥ 16 and violent no no tried as an adult; certain abuse and neglect no crime criminally convicted Tennessee yes yes ≥ 14 and certain offenses; tried as an adult certain abuse and neglect yes traffic violations Texas ≥ 14 not specified missing; wanted missing; wanted certain abuse and neglect no Utah ≥ 14 and certain yes ≥ 14 and felony no no offense Vermont no no tried as an adult tried as an adult no no Virginia ≥ 14 and felony; no ≥ 14 and certain offenses ≥ 14 and certain no no adult charged offenses; escaped with a crime Washington yes no yes no no West Virginia no no tried as an adult; certain certain abuse and neglect no offenses Wisconsin no no no escaped; general, certain abuse and neglect no non-identifying information Wyoming contempt no tried as an adult; certain no no offenses

Minors making news: access to juvenile courts 5 The secrecy that traditionally has been the hallmark of juvenile courts nationwide often impedes the ability to gather and disseminate information when those for whom such anonymity and confidentiality are intended to protect are the ones making the news.

to stigmatize or be emotionally damag- neglect has made a public disclosure about reasonable restrictions on the time, place ing to a child, inhibit a child’s testimony the department’s involvement with the or manner of media coverage of any case in that hearing, disclose matters required family; 2) the alleged perpetrator named provided the restrictions are stated on the by law or court order or rule to be kept in one or more reports of child abuse or record and reasonably related and nar- confidential or interfere with a criminal neglect has been charged with a crime rowly drawn by the least restrictive means investigation or proceeding or a criminal related to the alleged abuse or neglect; to, among other aims, protect the reason- defendant’s right to a fair trial. The name, and 3) abuse or neglect has resulted in the able privacy interests of a minor or any picture or other identifying information fatality or near fatality of a child who is the other person. Alaska R. Ct. Admin. 50. of the child involved may not be publicly subject of one or more reports of abuse or disclosed. At the beginning of a hearing, neglect. The department may withhold, Arizona the court will issue an order specifying however, disclosure of the child’s name, Delinquency proceedings: Juvenile the restrictions necessary to ensure such picture or other identifying information if delinquency proceedings are open to the nondisclosure. The court may impose the department determines that disclosure public in Arizona except upon the court’s any appropriate sanction, including con- would be contrary to the best interests written finding of a need to protect the tempt and closure of any further hearings of the child, the child’s siblings or other best interests of a victim, the juvenile, a to a person who violates the order. Id. § children in the house, as well as informa- witness, the state or a clear public interest 47.10.070. tion that would reasonably be expected to in confidentiality. In determining whether Delinquency and dependency records: interfere with a criminal investigation or to close or partially close a hearing under Juvenile court records are confidential proceeding or a defendant’s right to a fair this standard, the judge may consider and may be inspected only with the court’s trial. Id. § 47.10.093. whether an open hearing would 1) be permission by individuals with a legiti- Restrictions on coverage: Alaska law emotionally harmful to a participant; 2) mate interest in the records. In delin- allows victims and witnesses 15 years old inhibit testimony or the disclosure or quency cases where the prosecutor is seek- or younger to testify in any criminal pro- discussion of information material to the ing imposition of a dual sentence or the ceeding involving an offense committed truth-finding or rehabilitation process; or minor agrees as part of a plea agreement against a child 15 years old or younger to 3) otherwise interfere with the emotional to be subject to dual sentencing, all court testify outside the presence of the defen- well-being of the victim. Any person records are open to the public except pre- dant via closed-circuit television or one- requesting closure or partial closure of a disposition, psychiatric and psychological way mirrors. The statute does not specify hearing must give notice of such request reports and other documents the court whether the media and public may remain to the parties or any other person desig- orders to be kept confidential because in the courtroom during this testimony. nated by the court, which may include their release could harm the minor or vio- Id. § 12.45.046. Although court rules one or more representatives of the news late the constitutional rights of the victim governing media coverage of court pro- media. Ariz. Juv. Ct. R. 19. or others. Id. §§ 47.10.090, 47.12.300. ceedings require the consent of all parties, Dependency proceedings: Juvenile In addition, the Department of Health including the guardian ad litem, or guard- dependency proceedings are open to the and Social Services may publicly disclose ian appointed to represent the interests of public, although the judge is required confidential information about a child a juvenile in a single litigation, in divorce, to ask the parties at the first hearing in or alleged perpetrator named in a report dissolution of marriage, domestic vio- the proceeding if there are any reasons of child abuse or neglect related to the lence, child custody and visitation, pater- it should be closed. For good cause, department’s determination of the nature nity or other family proceedings, they do the court may order any proceeding to and validity of the report or its activities not specifically address restrictions on be closed to the public. In considering as a result in cases where: 1) the parent coverage of criminal or civil proceedings whether to close the proceeding, the or guardian of a child who is the subject in which minors are testifying. They do court must consider: 1) whether doing so of one or more reports of child abuse or state, however, that the court may impose is in the child’s best interests; 2) whether

6 The Reporters Committee for Freedom of the Press an open proceeding would endanger the within a specified timeframe assuming the presence of the defendant via video- child’s physical or emotional well-being the juvenile complies with the terms of recorded testimony or closed-circuit or the safety of any other person; 3) the the diversion. But the court may order television. The statute does not specify privacy rights of the child and the child’s that juvenile records be kept confiden- whether the media and public may remain family and any other person whose privacy tial and withheld from the public if it in the courtroom during this testimony. rights the court determines need protec- determines that the subject matter of any Id. § 13-4251, 13-4253. tion; 4) whether all parties have agreed to record involves a clear public interest in allow the proceeding to be open; 5) the confidentiality. Moreover, the social file Arkansas child’s wishes if the child is at least 12 of a juvenile offender — which contains Delinquency and dependency pro- years old and a party to the proceeding; diagnostic evaluations and psychiatric, ceedings: In delinquency proceedings and 6) whether an open proceeding could psychological and medical reports — is in Arkansas, the juvenile has the right to cause specific material harm to a criminal confidential and withheld from public an open hearing. All other juvenile hear- investigation. The court also may impose view except upon court order. Ariz. Rev. ings may be closed at the discretion of the reasonable restrictions required by the Stat. Ann. § 8-208 (2012); Ariz. Juv. Ct. court, and all hearings involving allega- physical limitations of the facility or to R. 19. tions and reports of child mistreatment maintain order and decorum. Those indi- Dependency records: The records of a and cases of children in foster care must viduals attending an open hearing may do dependency proceeding are not open to be closed. Ark. Code Ann. § 9-27-325 so only on the condition that they refrain public inspection. Ariz. Rev. Stat. Ann. (West 2011). Although a statute prohibits from divulging any information that § 8-208. But the state Department of the news media from publishing, without would identify the child, the child’s fam- Economic Security, which deals with written order of the court, the name, pic- ily and any other person mentioned in the children, adults and families, may release ture or other identifying information of a hearing. Those who violate this order can information to clarify or correct informa- child involved in a juvenile delinquency be held in contempt of court. tion about an allegation or actual instance proceeding, the Arkansas Supreme Court If a proceeding has been closed by the of child abuse or neglect made public by found that a juvenile judge’s gag order court, any person may subsequently sources outside the department, and must prohibiting the media from photograph- request that the court reopen a proceed- publicly release certain information when ing juveniles and their families in public ing or a specific hearing to the public, and a case of child abuse, abandonment or places around the courthouse was over- the court must reconsider the same factors neglect results in a fatality or near fatality. broad and a prior restraint in violation of when ruling on that request. If a proceed- Specifically, the department must provide the First Amendment. In that case, where ing relating to child abuse, abandonment the following preliminary information: 1) the proceeding was open to the public or neglect that has resulted in a fatality or the name, age and city, town or general and a photograph of the juvenile had been near fatality has been closed by the court, area of residence of the child; 2) the fact published prior to the judge’s gag order, any person may request that a transcript that a child died or nearly died as a result “the proverbial bell had been rung, so be made of the closed proceeding, the of abuse, abandonment or neglect; 3) the to speak, and could not be unrung. The cost of which is borne by the person who name, age and city, town or general area statutory policy prohibiting revelation requested the transcript. In ruling on of residence of the alleged perpetrator, of the name and identity of the juvenile this request, the court must consider the if available; 4) whether there have been had already been thwarted,” the court same factors it considered when deciding reports or any current or past cases of said. Although the court recognized the whether to close the proceeding. If the abuse, abandonment or neglect involv- juvenile judge’s interest in protecting par- court grants a request for a transcript of a ing the child and the alleged abusive or ticipants in her proceedings from harass- closed proceeding, it must redact from the neglectful parent, guardian or custodian; ment and maintaining the dignity of her document any information that is confi- and 5) actions taken by child protective court, the state Supreme Court noted dential by law or necessary to protect the services in response to the fatality or near that, “once the juvenile proceedings have privacy, well-being or safety of the child, fatality. If requested, the department must been opened to the public, we discern no the child’s family or others, as well as any promptly provide as much additional overriding state interest that would war- criminal investigation. Ariz. Rev. Stat. information as possible assuming the rant an injunction against photograph- Ann. § 8-525; Ariz. Juv. Ct. R. 41. county attorney does not believe that such ing [the juvenile involved] and the others Delinquency records: The following release would cause a specific, material entering or leaving the courthouse.” But juvenile delinquency records are open to harm to a criminal investigation or vio- the court emphasized that its holding did public inspection in Arizona: the legal late federal or state confidentiality laws. not address a case in which the proceed- files, which include pleadings, motions Any person who believes that the county ings were closed by the judge and a gag and orders, of offenders referred to juve- attorney failed to demonstrate that release order issued prior to the first publication nile court; arrest records of juveniles who of the information would cause a specific, of the juvenile’s photograph and other are charged as adults; delinquency hear- material harm to a criminal investigation vital information. Ark. Democrat-Gazette ings; disposition hearings, or the proceed- may file an action in superior court and v. Zimmerman, 20 S.W.3d 301, 309—10 ings during which the judge determines request that the court review the informa- (Ark. 2000). how the case will be resolved; a summary tion privately in the judge’s chambers and Delinquency and dependency records: of delinquency, disposition and transfer order disclosure. Id. § 8-807. Juvenile court records are confidential hearings; revocation of probation hear- Restrictions on coverage: Arizona law and may not be disclosed except to certain ings; appellate review records; and diver- allows victims and witnesses 14 years old individuals and agencies designated by sion proceedings involving delinquent or younger and those with a developmen- statute. This presumption of closure does acts, or those proceedings involving the tal disability and intelligence quotient not apply, however, to statistical informa- informal handling of cases in which there score less than 75 regardless of age to tion or other materials used for research is no formal charge and the case is closed testify in any criminal proceeding outside that summarize records, reports or other

Minors making news: access to juvenile courts 7 information in the aggregate if they do not disclose the identity of any juvenile defendant in any proceeding. The arrest and detention records of juveniles who are The right of access in formally charged with a felony in criminal court also are exempt from the general rule of confidentiality. Ark. Code Ann. the federal system § 9-27-309. A separate statute prohibits the news media from publishing, without Juvenile offenders of federal criminal that “the Act implicates First Amend- written court order, the name, picture or law are primarily the responsibility of ment concerns, and thus must be inter- other identifying information of a child state juvenile court authorities. But preted with the Supreme Court’s First who is the subject of any juvenile pro- the federal Juvenile Delinquency Act, Amendment jurisprudence in mind.” ceeding. Id. § 9-27-348. originally passed in 1938 to remove It thus looked to the case law spelling Restrictions on coverage: Arkansas law minor suspects from the federal adult out the constitutional right of access allows victims 16 years old or younger criminal system, allows federal delin- to criminal courts and found “very to testify about sexual offenses outside quency proceedings if state courts are instructive” the high court’s seminal the presence of the defendant via video- unwilling or unable to accept jurisdic- decision in Globe Newspaper Co. v. recorded testimony. The statute does not tion, the state has no adequate treat- Superior Court striking down a manda- specify whether the media and public ment plans or the juvenile is charged tory closure rule. The court ultimately may remain in the courtroom during this with a crime of violence or drug traf- decided the case on statutory grounds testimony, although it does state that the ficking. The law applies to individuals but noted: “While the Globe case is not videotape is subject to a protective order charged before the age of 21 with a directly applicable here, the Court’s of the court to protect the privacy of the breach of federal criminal law occur- reasoning in that case strongly suggests victim. Ark. Code Ann. § 16-44-203. The ring before they turned 18. that the district court’s preferred read- state’s Supreme Court order governing The act contains two confidentiality ing of the Act raises some serious First broadcasting, recording and photograph- provisions, one of which prohibits the Amendment concerns.” ing in the courtroom prohibits coverage publication of the name and picture Nonetheless, the court described of all juvenile matters in the trial court of any juvenile not prosecuted as an the assumption that the First Amend- and minors without the consent of their adult. The other provision contains ment applies to juvenile proceedings parent or guardian. Ark. Sup. Ct. Admin. guidelines for the time and place that as “highly dubious” and questioned Order 6. a judge may convene a juvenile delin- whether the high standard applicable quency proceeding and authorizes pri- in adult criminal cases should likewise California vate hearings in the judge’s chambers. apply in the juvenile context, where Delinquency proceedings: California law 18 U.S.C. §§ 5032, 5038 (2012). the exercise of judicial discretion in requires juvenile delinquency proceedings In cases interpreting the act, this favor of closure “is not an exception to be open if any of 28 violent crimes is statutory line of authority often inter- to some general rule of openness, but involved, and prohibitions on the dissemi- sects with the constitutional authority the norm.” U.S. v. Three Juveniles, 61 nation of information lawfully obtained providing that criminal proceedings F.3d 86, 88—92 (1st Cir. 1995); see also during such proceedings violate the news are presumptively open to the public. United States v. A.D., 28 F.3d 1353, media’s First Amendment rights, a state In a case involving juveniles charged 1360 (3d Cir. 1994) (interpreting the intermediate appellate court held. KGTV with hate crimes, a newspaper moved Act to permit judicial discretion to Channel 10 v. Superior Court, 26 Cal. App. to intervene for access to arraignments authorize access on a case-by-case 4th 1673, 1684 (Cal. Ct. App. 1994). Nor and other proceedings, as well as court basis). can the press or public be excluded from records filed in connection with the The jurisprudence discussing access such hearings absent a showing of reason- proceeding. The alleged offenders to federal juvenile delinquency records able likelihood of substantial prejudice to and government opposed the request, likewise rejects a presumption of access. the juvenile’s right to a fair trial. Brian W. arguing that the act mandates closed In a case involving a disabled 14-year- v. Superior Court, 20 Cal. 3d 618, 624—25 proceedings and records — an asser- old who threatened classmates with a (Cal. 1978) (involving competency hear- tion the trial court accepted. loaded gun, a federal appellate court ing of a juvenile charged with kidnap- But the U.S. Court of Appeals in Bos- upheld a district court order sealing ping and murder); Cheyenne K. v. Superior ton (1st Cir) held that the act could not the record and a memorandum order Court, 208 Cal. App. 3d 331, 336 (Cal. Ct. be read to mandate closure. According denying a motion for a preliminary App. 1989) (involving competency hear- to the court, Congress did not intend injunction. “Whether we apply a con- ing of a juvenile charged with murder); to deny judges the discretion to open stitutional standard or a common law Tribune Newspapers W., Inc. v. Superior or close their courtrooms when it built standard, the result is the same: Pulit- Court, 172 Cal. App. 3d 443, 447 (Cal. Ct. into the statute restrictions on who zer’s interest in access to the records in App. 1985); (involving a hearing to deter- can receive juvenile court records and this case clearly is outweighed by [the mine whether two juveniles charged with a ban on the release of a child’s pho- minor’s] privacy interest and the state’s bank robberies and other crimes while tograph. Measures designed to protect interest in protecting minors from the armed with a deadly weapon were fit to be confidentiality are to be evaluated on a public dissemination of hurtful infor- dealt with under the juvenile court law). case-by-case basis, the court said. mation,” the court concluded. Webster The judge also has the discretion to admit Although it avoided answering the Groves Sch. Dist. v. Pulitzer Publ’g Co., to juvenile court proceedings anyone with question, the court did acknowledge 898 F.2d 1371, 1378 (8th Cir. 1990). a direct and legitimate interest in the par-

8 The Reporters Committee for Freedom of the Press ticular case or in the work of the court — a ute. Cal. Welf. & Inst. Code § 827. But (Cal. Ct. App. 2001). phrase the California Supreme Court has the state intermediate appellate court There are additional exceptions that interpreted to allow press attendance at held that a broader category of people allow access to records in some juvenile juvenile hearings. Brian W., 20 Cal. 3d at than those enumerated in the statute may delinquency cases. The name of a minor 623. The juvenile court must for each day be permitted access to material in juve- found to have committed one of the 28 it is in session post in a conspicuous place nile court files in the appropriate case. violent offenses is public unless the court accessible to the general public a writ- “The prohibition against dissemination makes an on-the-record written finding ten list of open hearings along with their recognizes the exclusive authority of the explaining why good cause exists to make locations and times. The public is gener- juvenile court to determine who may the name of the minor confidential. In this ally excluded from all other delinquency have access to juvenile court records. context, “good cause” is limited to protect- hearings unless the minor and the minor’s … If a juvenile court determines, ing the personal safety of the minor, a vic- parent or guardian request otherwise. consistent with the best interests of the tim or member of the public. The charg- Also, where one of the 28 violent crimes is minors, that records should be released ing petition, minutes of the proceeding a sexual offense, the public is not admitted to the press, the court has made the deci- and orders of adjudication and disposition to the hearing if the prosecutor makes a sion that the public can learn the content of the court contained in the court file are motion at the request of the victim for a of the disclosed records,” the court ruled available for public inspection, although closed hearing or during the victim’s tes- in In re Keisha T., 38 Cal. App. 4th 220, public access to other documents in the timony if the victim was 15 or younger at 234 (Cal. Ct. App. 1995). And the state court file is not necessarily available. The the time of the offense. Cal. Welf. & Inst. attorney general found that where juve- probation officer or any party may peti- Code § 676 (West 2012). nile proceedings are open to the public, tion the juvenile court to prohibit public Dependency proceedings: The public the district attorney may provide the disclosure of any such file or record. The is excluded from juvenile dependency news media with whatever information is juvenile court will grant the request if it proceedings in California unless a parent available to the public at those proceed- appears that the harm to the minor, vic- or guardian requests otherwise and the ings unless the court has placed restric- tims, witnesses or public from the public minor involved consents to or requests tions on such dissemination. Cal. Op. disclosure outweighs the benefit of public public access. But the judge has the dis- Att’y Gen. 81-1007 (1982). Any person knowledge. The court cannot, however, cretion to admit anyone with a direct not designated in the statute who wishes prohibit disclosure for the benefit of the and legitimate interest in the particular to inspect, obtain or copy juvenile court minor unless it makes a written finding case or in the work of the court. Id. § records must petition the court for autho- that the reason for the prohibition is to 346. Interpreting this language, the state rization using a specific form. Among protect the safety of the minor. Cal. Welf. intermediate appellate court found that other things, the petitioner is required to & Inst. Code § 676. Also, a law enforce- the juvenile court should “allow press “describe in detail the reasons the records ment agency may disclose the name of any access unless there is a reasonable likeli- are being sought and their relevancy to minor 14 years old or older who has been hood that such access will be harmful to the proceeding or purpose for which charged with a serious felony under Cal. the child’s or children’s best interests in petitioner wishes to inspect or obtain Penal Code § 1192.7. Cal. Welf. & Inst. the case.” Although the juvenile court, in the records.” In determining whether to Code § 827.5. exercising its discretion to allow public release juvenile court records, the court Restrictions on coverage: California law or media access to a juvenile dependency must balance the interests of the child and allows a trial judge to close the courtroom proceeding, should “first and foremost” other parties involved against those of the when a minor victim or one with a physical consider what is in the best interests of petitioner and the public. The court may or developmental disability and substan- the minor, the media “can assist juvenile allow disclosure of juvenile court records tial cognitive impairment regardless of courts in becoming more effective instru- only if “the records requested are neces- age testifies about a sexual offense. Before ments of social rehabilitation by provid- sary and have substantial relevance to the the judge may do so, however, he or she ing the public with greater knowledge legitimate need of the petitioner.” Cal. must find that closure is essential to pre- of juvenile court processes, procedures, Juv. Ct. R. 5.552. In considering a request serve higher values and narrowly tailored and unmet needs,” the court said. San for access to the juvenile case records of to serve that interest. And a transcript of Bernardino County Dep’t of Pub. Soc. Servs. a child who died, however, no weighing the testimony of the witness must be made v. Superior Court, 232 Cal. App. 3d 188, of interests is required, and the files must publicly available as soon as practicable. 207—08 (Cal. Ct. App. 1991). Pursuant be released, even if no dependency peti- Closing the courtroom during the testi- to a Jan. 31, 2012, order by Los Angeles tion had ever been filed, unless there is a mony of a 14-year-old molestation victim County Juvenile Court Presiding Judge showing that doing so is detrimental to based only on the prosecutor’s assertion Michael Nash, members of the media are the safety, protection or physical or emo- that the victim would be uncomfortable deemed to have a legitimate interest in tional well-being of another child who violated the defendant’s Sixth Amendment the work of the court, and juvenile depen- is directly or indirectly connected to the right to a public trial. Cal. Penal Code § dency proceedings in Los Angeles County juvenile case at issue. The statute’s legisla- 868.7; People v. Baldwin, 142 Cal. App. 4th are open to the media unless the parties tive history demonstrates the legislature’s 1416, 1421 (Cal. Ct. App. 2006). In addi- involved can show that harm or detriment interest in opening up to public view the tion, victims 13 years old or younger may to the minor is reasonably likely to occur workings of the entire juvenile court and testify in cases involving sexual offenses, because of media access to the proceed- child protective system for the purpose violent felonies and child abuse outside ing. of exposing deficiencies within them, the the presence of the defendant via video- Delinquency and dependency records: court said. In re Elijah S., 125 Cal. App. recorded testimony or closed-circuit tele- Juvenile court records are confidential 4th 1532, 1542—43, 1555 (Cal. Ct. App. vision. In cases involving sexual offenses, and may be viewed only by certain indi- 2005); see also Pack v. Kings County Human the testimony of victims who are 15 years viduals and agencies designated by stat- Servs. Agency, 107 Cal. Rptr. 2d 594, 601 old or younger and those who are devel-

Minors making news: access to juvenile courts 9 opmentally disabled regardless of age may or psychological profiles, intelligence test Gen. Stat. Ann. § 46b-122. Unlike in be video-recorded during a preliminary results or any information about whether criminal courts, which are presumptively hearing for use at trial. The law does not the juvenile has been sexually abused. Id. open, denial of public access to juvenile specify whether the media and public § 19-1-304. proceedings may be warranted in the may remain in the courtroom during this Dependency records: In general, reports interest of protecting the juvenile’s right testimony, although it does state that the of child abuse or neglect and the name, to privacy, the state intermediate appellate videotape will be subject to a protective address or any other identifying infor- court held. Thus, a trial court’s decision order of the court to protect the privacy mation of any child, family or informant not to open the courtroom to the public of the victim. Id. §§ 1346, 1347. Although contained in such records are confiden- and news media before finding a prospec- court rules governing photographing, tial, and disclosure is permitted only when tive adoptive mother in contempt of a recording and broadcasting in California authorized by a court for good cause. But confidentiality order was not an abuse of courtrooms do not specifically restrict such disclosure is not prohibited when discretion, the court ruled. In re Brianna coverage of minors, they do list among there is a death of a suspected victim of B., 785 A.2d 1189, 1197—98 (Conn. App. the factors a judge must consider when child abuse or neglect and: 1) the death Ct. 2001). deciding a request for coverage the effect becomes a matter of public concern; 2) the Delinquency and dependency records: of such coverage on any minor who is a alleged juvenile offender is or was a victim Juvenile court records are confidential party, prospective witness, victim or other of abuse or neglect; or 3) the suspected or in Connecticut, and disclosure of any participant in the proceeding. Cal. Ct. R. alleged perpetrator is arrested or charged information contained in the records is 1.150. in connection with the death. Id. § 19-1- prohibited. But records in delinquency 307. In addition, all records prepared cases can be inspected pursuant to court Colorado or obtained by the state Department of order by anyone with a legitimate interest Delinquency and dependency pro- Human Services regarding the operation in the information. Conn. Gen. Stat. Ann. ceedings: The general public cannot be of juvenile facilities are confidential and § 46b-124. The Connecticut Supreme excluded from juvenile court proceedings not subject to public dissemination. Id. § Court held that the strong presumption in Colorado unless the court determines 19-1-305. of confidentiality of juvenile records and that doing so is in the best interest of the Restrictions on coverage: Colorado law the privacy interests implicated therein child or the community. In such cases, the allows victims who were 14 years old or justified a narrow scope of the discre- court may admit only those people with younger at the time of the alleged offense tion afforded a trial court with regard to an interest in the case or in the work of to testify about sexual offenses or child releasing information without the express the court, including those individuals abuse outside the presence of the defen- written consent of the parties involved. whom the attorneys, the child involved dant via video-recorded testimony. The The court concluded that until other and the child’s parents or custodian wish statute does not specify whether the media alternatives had been exhausted, it was an to be present. Colo. Rev. Stat. Ann. § and public may remain in the courtroom abuse of discretion for the trial court to 19-1-106 (West 2012). during this testimony. Colo. Rev. Stat. have provided access to information from Delinquency records: Court records Ann. §§ 18-3-413, 18-6-401.3. juvenile files.In re Sheldon G., 583 A.2d in juvenile delinquency cases are open 112, 119, 123—24 (Conn. 1990). Law without court order to certain individu- Connecticut enforcement officials may disclose infor- als and agencies designated by statute. Delinquency and dependency proceed- mation about a minor who has escaped The records also may be inspected with ings: Connecticut law appears to pro- from a facility to which the minor was consent from the court by any other per- vide for media access to juvenile court committed or one for whom an arrest son having a legitimate interest in the proceedings but includes limitations on warrant has been issued with respect to proceedings. The public has access to publication. Specifically, the law allows the commission of a felony. Conn. Gen. arrest and criminal-records information, the judge to admit into dependency pro- Stat. Ann. § 46b-124. But police depart- including a person’s physical description, ceedings anyone with a legitimate inter- ment records are not to be released unless of juveniles who are: 1) adjudicated delin- est in the hearing or in the work of the they are part of “records of cases of juve- quent for, charged with the commission court, which provides a basis for media, nile matters,” a state trial court held. The of or subject to a revocation of probation but not necessarily, public access. Those court found that nothing in the record in for committing the crime of possession individuals may be admitted only on the that case, which involved case reports and of a handgun by a juvenile or an act that condition that they refrain from divulg- accompanying documents regarding two would constitute a felony or would con- ing any information that would identify incidents involving minors, suggested that stitute any crime involving the use or pos- the child or family involved. Conn. Gen. the requested documents were records of session of a weapon if committed by an Stat. Ann. § 46b-122 (West 2012). But the juvenile court matters. Glastonbury Police adult; and 2) charged with an offense that state Supreme Court ruled that statutes Dep’t v. Freedom of Info. Comm’n, No. would constitute unlawful sexual behav- intended to protect juveniles from public- CV 970570076, 1998 WL 161238, at *4 ior or a crime of violence if committed ity about their alleged offenses do not for- (Conn. Super. Ct. Mar. 25, 1998). by an adult. A law enforcement agency bid the media from disclosing any infor- Restrictions on coverage: Connecticut may release records, including identify- mation which may have come into their law allows victims 12 years old or younger ing information, of juveniles who: 1) have possession lawfully. In re Juvenile Appeal, to testify in cases involving assault, sexual escaped from an institution to which they 488 A.2d 778, 782 n.4 (Conn. 1985), assault or child abuse outside the presence were committed; 2) are tried as adults; and superseded by statute on other grounds, In re of the defendant via video-recorded tes- 3) are convicted as adults and a court has Michael S., 784 A.2d 317 (Conn. 2001). timony or closed-circuit television. The ordered a presentence investigation. Any Also under this statute, the judge may statute appears to allow the media and records released under the statute, how- exclude from any juvenile hearing people public to remain in the courtroom during ever, do not include investigatory records not necessary to the proceeding. Conn. this testimony. Conn. Gen. Stat. Ann. §

10 The Reporters Committee for Freedom of the Press 54-86g. Although court rules govern- ily or any other child involved in the pro- Florida ing media coverage of court proceedings ceedings.” D.C. Super. Ct. Juv. R. 53; D.C. Delinquency and dependency proceed- do not specifically restrict coverage of Code § 16-2316 (2012). Interpreting this ings: Juvenile court proceedings are pre- minors, they do state that, when decid- statute and rule, D.C.’s highest appellate sumptively open to the public in Florida, ing a request that coverage of a criminal court directed that all media be excluded and no one may be excluded without an proceeding be prohibited, the judge must from proceedings involving a juvenile order from the court. But the court, in its give great weight to “requests where the charged in a shooting death, even where discretion, may close any hearing when protection of the identity of a person is the juvenile had already been identified in the public interest and welfare of the child desirable in the interests of justice, such an article in The Wall Street Journal. The are best served by doing so. Fla. Stat. Ann. as for . . . juveniles.” Conn. Super. Ct. R. court rejected the media’s argument that §§ 39.507, 985.035 (West 2012). 1-10B, 1-11. “the cat is already out of the bag,” noting Delinquency records: Conversely, juve- that “[a]ssuming that the kitten’s whiskers nile delinquency records are closed to Delaware (or even its tail) may be showing, the rest inspection except in limited circumstances Delinquency and dependency proceed- of the body remains concealed.” It held in which the court finds that the person ings: All juvenile court proceedings in that the admission of the media at juvenile requesting access has a proper interest Delaware are private with the exception of proceedings was a “discretionary” deter- in the records and orders their release to felony cases, which are open to the public. mination for the trial court. In particular, the individual. There is a limited right of Del. Code Ann. tit. 10, § 1063 (2012). the court explained: “[I]f there is no rea- access for the compilation of statistical Delinquency and dependency records: sonable assurance that the admission of the information for authorized representa- All juvenile court records likewise are press will be consistent with the protection tives of recognized organizations such as private, although the court may con- of a juvenile respondent’s anonymity, then the media. Id. § 985.045. Typically, orders sider “publication in the public interest.” exclusion may be the only alternative which allowing access for such research purposes In delinquency cases, if the crime is a will not compromise the legislature’s para- will require identifying information to be felony or class A misdemeanor, the clerk mount aim.” The prior restraint doctrine redacted. of the family court or any state or local was not implicated by the statute and rule, A law enforcement agency may release police authority may release the name the court held, because the restraint was for publication the name, photograph, and address of the minor and his or her limited to information obtained through address and crime or arrest report of a parents’ names if requested by a “respon- the judicial proceeding. “A prior restraint child taken into custody for violation of sible representative of public information occurs when the state attempts to prohibit a law that would be a felony if commit- media.” Id. the publication of material already in the ted by an adult. The law enforcement Restrictions on coverage: Delaware law possession of the media,” the court said. In agency also may reveal the identity of a allows victims and witnesses 10 years old re J.D.C., 594 A.2d 70, 74 n.6, 75, 79 (D.C. child found by a court to have commit- or younger to testify in child abuse cases 1991). ted three or more violations of law that outside the presence of the defendant Delinquency and dependency records: would be misdemeanors if committed by via closed-circuit television. Id. tit. 11, § Juvenile court records are confidential in an adult. The statute provides that law 3514. Moreover, in any criminal case, wit- D.C. and may be inspected only by cer- enforcement agencies may not use age nesses 11 years old or younger may testify tain individuals and agencies designated as the sole reason for denying access to outside the presence of the defendant via by statute. D.C. Code §§ 16-2331—2332, the record of a juvenile felony or three- video-recorded testimony. The law does 16-2363. time misdemeanor offender. Thus, law not specify whether the media and public Restrictions on coverage: Although enforcement agencies should release such may remain in the courtroom during this there does not appear to be a statute on juvenile offender records unless some testimony, although it does state that the point, D.C.’s highest appellate court has other justifiable reason exists for keeping videotape is subject to a protective order held that trial judges do not abuse their the record confidential. The law enforce- by the court to protect the witness’ pri- discretion when they allow young sexual ment agency is not limited to disclosure of vacy. Id. § 3511. abuse victims to testify outside the pres- the name, photograph and address of the ence of the defendant via video-recorded juvenile but also may release other back- District of Columbia testimony or closed-circuit television. ground information regarding the offense Delinquency and dependency proceed- Williams v. United States, 859 A.2d 130, or arrest. Id. § 985.04. And law enforce- ings: D.C. law provides for media access 136—37 (D.C. 2004). Before doing so, ment records that have been transmit- to juvenile court proceedings but includes however, the court must hear evidence ted to a criminal justice agency such as limitations on publication. Specifically, and determine whether the use of out- the state Department of Juvenile Justice the law allows the judge to admit those of-court testimony is necessary to protect also may be released. Fla. Op. Att’y Gen. having a proper interest in the case or in the welfare of the child witness who is tes- 1994-91 (1994). The only information the work of the juvenile court, and “[a] tifying, find that the child witness would that remains non-public are law enforce- ny authorized representative of the news be traumatized, not by testifying in open ment records of juveniles arrested for a media” is among those who “shall be court generally, but by the presence of the felony prior to Oct. 1, 1994. Fla. Op. Att’y deemed to have a proper interest in the defendant and that the emotional distress Gen. 1995-19 (1995). But if the juvenile work of the Family Court, and shall be the child would suffer in the presence has allegedly committed some other admissible to Family Court proceedings of the defendant is more than minimal. delinquent act that would be a crime but after filling out an application.” Among Ahmed v. United States, 856 A.2d 560, 565 not a felony if committed by an adult, the other things, the applicant is required (D.C. 2004). It is not clear from the case record is confidential and will be released to state that he or she “will refrain from law whether the media and public may only by court order to certain individuals divulging information identifying the remain in the courtroom during this tes- and agencies designated by statute. There [minor] or members of the [minor’s] fam- timony. also is a limited right of access in this pro-

Minors making news: access to juvenile courts 11 vision for the compilation of statistical sary to protect that interest; 3) the trial robbery and theft proceedings must be information for research purposes. Fla. court must consider reasonable alterna- open to the media and public because the Stat. Ann. § 985.04. tives to closing the proceeding; and 4) public’s interest in disclosure outweighs Dependency records: In Florida, juve- the court must make findings adequate to the state’s or juvenile’s interest in closed nile dependency records are closed except support the closure. Alonso v. State, 821 proceedings. In re Ross, 16 Media L. Rep. to those showing a proper interest, which So. 2d 423, 426 (Fla. Dist. Ct. App. 2002); (BNA) 2087, 2088 (Ga. Juv. Ct. 1989). As the public may do on certain occasions. Id. Pritchett v. State, 566 So. 2d 6, 7 (Fla. Dist. a matter of statutory law, the public has §§ 39.0132, 39.814. Requests for access Ct. App. 1990). The other three districts a right of access to juvenile delinquency to such closed files often overlap with do not require fulfillment of this standard proceedings in cases where a juvenile requests for access to the confidential files for partial closures, only for full closures. previously has been adjudicated delin- of the state Department of Children and Kovaleski v. State, 1 So. 3d 254, 258 (Fla. quent and in those involving allegations Families that may not have been filed with Dist. Ct. App. 2009); Hobbs v. State, 820 of a felony designated in Ga. Code Ann. the court. The test for showing a proper So. 2d 347, 349 (Fla. Dist. Ct. App. 2002); § 15-11-63 (West 2011), which include: interest is therefore similar to the good Clements v. State, 742 So. 2d 338, 341 arson; kidnapping and attempted kid- cause standard for access to the agency’s (Fla. Dist. Ct. App. 1999). The law also napping; aggravated assault and battery; records. Id. § 39.2021. For example, the allows a victim or witness 15 years old or armed robbery; attempted murder; drug state intermediate appellate court upheld younger or one with mental retardation trafficking; possession, manufacture and a trial judge’s decision to disclose the full regardless of age to testify in any civil or distribution of destructive devices; bur- court record of a dependency proceed- criminal case outside the presence of the glary of a retail establishment with the ing despite the confidentiality provisions, defendant via video-recorded testimony intent to steal and causing more than $500 noting that “the circuit court was acting or closed-circuit television. Fla. Stat. Ann. in damages; racketeering; carjacking; and within its discretionary powers when it §§ 92.53, 92.54. The law does not specify being adjudicated delinquent three previ- determined that disclosure of the full whether the media and public may remain ous times for an offense that would be a record would best correct any specula- in the courtroom during this testimony, felony if committed by an adult. However, tion, rumor, or innuendo circulating although an opinion by the state appel- the court is required to close delinquency about the instant family and that disclo- late court indicates that not only can they hearings involving allegations of sexual sure was in the best interest of the depen- be present when this testimony is given assault or those at which any party expects dent children.” Dep’t of Health & Reha- in open court, they also may be able to to introduce evidence related to matters bilitative Servs. v. A.N., 604 So. 2d 11, 11 attend the video-recording sessions. In of deprivation, which generally involves (Fla. Dist. Ct. App. 1992). The media also that case, the trial judge granted members abandonment or the lack of proper paren- may be permitted access to dependency of the news media access to the session tal care or control necessary for a child’s records for the compilation of statistics in which the trial testimony of an alleged physical, mental or emotional health or or other quantitative data. Fla. Stat. Ann. minor victim of sexual battery was video- morals. Id. § 15-11-78. Any person seek- §§ 39.0132, 39.814. In such situations, the recorded but barred them from disclosing ing access to a juvenile delinquency pro- court may impose conditions on the use the contents of the testimony prior to ceeding must file a written motion for of the information and hold in contempt its use at trial scheduled more than two access prior to the time of the hearing of court those who violate the conditions. months away. The appellate court found for which access is sought. Ga. Juv. Ct. R. Fla. Op. Att’y Gen. 1991-32 (1991). Iden- the trial court’s belief in a qualitative dif- 26.1. The judge may prohibit the media tifying information is often redacted from ference between actual trial testimony from releasing information that would these records. and other pretrial and discovery proceed- identify the child or family involved. Ga. Restrictions on coverage: Florida law ings insufficient justification for the prior Code Ann. § 15-11-78. Pictures of the allows a trial judge to close the courtroom restraint on publication. Miami Herald minor are prohibited. Ga. Juv. Ct. R. 26.2. when a victim or witness 15 years old or Publ’g Co. v. Morphonios, 467 So. 2d 1026, Dependency proceedings: In Georgia, younger or one with mental retardation 1028, 1030 (Fla. Dist. Ct. App. 1985). a juvenile dependency proceeding is pre- regardless of age is testifying about a sumptively open. The court may close a sexual offense. Newspaper and broadcast Georgia hearing only upon making a finding on reporters are included among those per- Delinquency proceedings: As a matter the record and issuing a signed order as mitted to remain in the courtroom during of constitutional jurisprudence, the media to the reason or reasons for closing all or this testimony, but another law prohibits and public have a right of access to juve- part of the hearing. The court may close the disclosure of information that would nile delinquency proceedings in Georgia such a hearing on only two grounds: 1) reveal the identity of a victim of child unless there is an overriding or compel- the proceeding involves an allegation abuse. Fla. Stat. Ann. §§ 119.071, 918.16. ling reason for closure. In a case involv- of an act that would constitute a sexual There is dispute, however, among the ing a juvenile accused of stealing a boat, offense if committed by an adult; or 2) appellate courts in Florida over how this the Georgia Supreme Court held that a closure is in the best interest of the child. closure statute interacts with the First and presumption of closure in “delinquency, In deciding whether closure is in the best Sixth Amendment rights of public access deprivation, and unruliness hearings” interest of the child, the court must con- and a public trial, respectively. Two of the cannot be conclusive, and the court must sider factors such as the age of the child, five district courts have held that before in an expeditious manner give the media the nature of the allegations, the effect the judge orders even partial closure of and public an opportunity to show that that an open court proceeding would have the courtroom, four prerequisites must the state’s or juvenile’s interest in a closed on the court’s ability to reunite and reha- be met: 1) the party seeking to close the hearing is not overriding or compelling. bilitate the family unit and whether the hearing must advance an overriding inter- Fla. Publ’g Co. v. Morgan, 322 S.E.2d 233, closure is necessary to protect the privacy est that is likely to be prejudiced; 2) the 238 (1984). And a juvenile court likewise of a child, a foster parent or other care- closure must be no broader than neces- found that juvenile felony murder, armed taker of a child or of a victim of domestic

12 The Reporters Committee for Freedom of the Press violence. The court also has broad discre- or whose siblings, parents, or other care- ings or in the protection, welfare, treat- tionary power to refuse to admit a person takers had been, the subject of a report ment or disposition of the minor. Other- to a hearing upon making a finding on the to the division within the past five years; wise, court dockets, petitions, complaints, record and issuing a signed order that the or 4) the subject of an investigation into motions and papers filed in the case are person’s presence at the hearing would: or report, referral or complaint of child withheld from the public. Id. § 571-84. 1) be detrimental to the best interest of abuse. Again, identifying information, This prohibition extends to the records of a child who is a party to the proceeding; including the name of the child and the any police department, which may with- 2) impair the fact-finding process; or 3) child’s caretaker, will be redacted to pre- hold from disclosure a 911 tape involving be otherwise contrary to the interest of serve the confidentiality of the child and a minor charged with a criminal offense justice. Ga. Code Ann. § 15-11-78. As other members of the household, includ- and blotter data concerning identifiable with delinquency proceedings, any person ing other children. But once these docu- juvenile offenders. Haw. Op. Att’y Gen. seeking access to a juvenile dependency ments have been released, representatives 05-17 (2005); Id. 91-4 (1991). But excep- proceeding in Georgia must file a written of the state human services department tions exist when juveniles are charged motion for access prior to the time of the may comment publicly on the case. Id. § with violent crimes. Specifically, all legal hearing for which access is sought. Ga. 49-5-41. records are open for public inspection Juv. Ct. R. 26.1. The judge may prohibit Restrictions on coverage: Georgia law in delinquency proceedings in which a the media from releasing information allows a trial judge to close the court- minor 14 years old or older is adjudicated that would identify the child or family room when a victim or witness 15 years delinquent for an act that if committed by involved. Ga. Code Ann. § 15-11-78. Pic- old or younger is testifying about a sexual an adult would: 1) be murder in the first- tures of the minor are prohibited. Ga. Juv. offense so long as the judge makes specific or second-degree or attempted murder; 2) Ct. R. 26.2. findings that such closure is essential to result in serious bodily injury to or death Delinquency and dependency records: preserve higher values and narrowly tai- of a victim; 3) be a class A felony; or 4) be In general, juvenile court records can be lored to serve an overriding interest in a felony and the minor has more than one inspected only by court order, but several closure. Id. § 17-8-54; Goldstein v. State, prior adjudication for acts that would con- exceptions exist. The public can inspect 640 S.E.2d 599, 602 (Ga. Ct. App. 2006). stitute felonies if committed by an adult. court records in delinquency actions if a Under the statute, newspaper and broadcast Records also are public in delinquency pro- juvenile previously has been adjudicated reporters are included among those per- ceedings in which a minor 16 years old or delinquent or the case involves allegations mitted to remain in the courtroom during older is adjudicated delinquent for an act of a felony designated in Ga. Code Ann. § this testimony. Ga. Code Ann. § 17-8-54. that if committed by an adult would: 1) be 15-11-63. These felonies include: arson; The law also allows victims 10 years old murder in the first- or second-degree or kidnapping and attempted kidnapping; or younger to testify about sexual offenses attempted murder; 2) result in serious bodily aggravated assault and battery; armed outside the presence of the defendant via injury to or death of a victim; 3) be a class A robbery; attempted murder; drug traf- closed-circuit television. The statute does felony and the minor has one or more prior ficking; possession, manufacture and dis- not specify whether the media and public adjudications for an act that would consti- tribution of destructive devices; burglary may remain in the courtroom during this tute a felony if committed by an adult; or 4) of a retail establishment with the intent to testimony. Id. § 17-8-55. be a class B or C felony and the minor has steal and causing more than $500 in dam- Cameras: Georgia is one of only a few more than one prior adjudication for acts ages; racketeering; carjacking; and being states that allow cameras and recording that would constitute felonies if committed adjudicated delinquent three previous devices in juvenile courts. A request to by an adult. The judge can prohibit public times for offenses that would be felonies photograph or record any juvenile pro- access to these records, however, if he or she if committed by an adult. Ga. Code Ann. ceeding must be made to the court at finds in writing “that there are significant § 15-11-79. In addition, any request- least two days before the hearing. The and compelling circumstances peculiar to ing adult must have reasonable access to judge has the discretion to require pooled the case” that warrant confidentiality. Haw. records regarding investigations by the coverage, pursuant to the state’s juvenile Rev. Stat. § 571-84.6. state Department of Human Services or court rules, which impose further restric- Restrictions on coverage: Hawaii law a government child protective agency tions aimed at mitigating the intrusive- allows victims 17 years old or younger regarding the findings or information ness of the camera equipment. Ga. Juv. to testify about abuse or sexual offenses about a case of child abuse or neglect that Ct. R. 26.2. outside the presence of the defendant via resulted in a fatality or near fatality unless closed-circuit television. The statute does such disclosure would jeopardize a crimi- Hawaii not specify whether the media and public nal investigation or proceeding. Identify- Delinquency and dependency proceed- may remain in the courtroom when this ing information, including the name of ings: In general, only people whose pres- testimony is broadcast there. Id. § 626-1, the child and the child’s caretaker, will ence is requested by a parent or guardian R. 616. Court rules governing electronic be redacted to preserve the confidential- or whom the judge deems to have a direct and photographic coverage of court pro- ity of the child and other members of the interest in the case upon considering the ceedings require judges to grant requests household, including other children. And minor’s best interests can attend juvenile for such coverage unless good cause is the actual child abuse records themselves court proceedings in Hawaii. Haw. Rev. found to prohibit the coverage. Under are publicly available in cases where a Stat. § 571-41 (2011). the rules, a party may object to coverage child who, at the time of the child’s fatal- Delinquency and dependency records: of any proceeding, prompting a hearing ity or near fatality, was: 1) in the custody Juvenile court records generally are closed to determine whether the coverage will of a state department or agency or foster and may be inspected only by certain indi- be allowed. A presumption of good cause parent; 2) a child for whom the state Divi- viduals and agencies designated by statute for a prohibition of media coverage exists sion of Family and Children Services had and with consent from the court by those when the testimony of child witnesses is an open case file; 3) a child who had been, with a legitimate interest in the proceed- being received. Haw. Sup. Ct. R. 5.1.

Minors making news: access to juvenile courts 13 Idaho Comp. Stat. Ann. 405/1-5 (West 2012). address and offense of juveniles adjudi- Delinquency proceedings and records: This provision allows the trial court to cated delinquent for the commission of Idaho law approaches juvenile delin- suppress the minor’s identity but noth- serious acts. Specifically, such information quency proceedings differently depend- ing beyond that. In re M.B., 484 N.E.2d is publicly available in cases where a juve- ing on the minor’s age and nature of the 1154, 1159 (Ill. App. Ct. 1985). Also, the nile: 1) has been adjudicated delinquent criminal offense. All proceedings against court may prohibit the media from iden- based on the commission of first-degree a juvenile offender who is 14 years old tifying minors when the courtroom was murder, attempted first-degree murder, or older and charged with an offense the source for the identities, but it may aggravated criminal sexual assault or crim- that would be a felony if committed by not prohibit the media from publishing inal sexual assault; 2) who was 13 years old an adult are open to the public. In addi- truthful information gathered through or older at the time the act was commit- tion, the court docket, petitions, com- common reporting techniques. In re ted and has been adjudicated delinquent plaints, information, arraignments, trials, Minor, 563 N.E.2d 1069, 1077 (Ill. App. based on the commission of an act involv- sentencings, probation violation hear- Ct. 1990). When a judge issues a prior ing criminal street gang activity, the use ings and dispositions, motions and other restraint in the context of pending juve- of a firearm in the commission of a felony papers filed in such a case are open, as nile proceedings, the order will be invalid or an act involving cannabis or controlled well as transcripts of testimony taken by unless “it is: (1) necessary to obviate a substances that would be a felony if com- the court, findings, verdicts, judgments, ‘serious and imminent’ threat of impend- mitted by an adult; 3) who was 13 years orders, decrees and other papers filed in ing harm, which (2) cannot adequately be old or older at the time the act was com- such proceedings. Only after a finding of addressed by other, less speech-restrictive mitted and has been criminally convicted extraordinary circumstances may a judge means.” In re A Minor, 537 N.E.2d 292, based on the commission of first-degree close such a proceeding or records. In 300 (Ill. 1989). In A Minor, the Illinois murder, attempted first-degree mur- cases where the juvenile offender is 13 Supreme Court determined this standard der, aggravated criminal sexual assault, years old or younger or 14 years old or was not met where the newspaper learned criminal sexual assault or an act involving older and charged with a crime that would the minor’s name through routine report- criminal street gang activity, the use of a not be a felony if committed by an adult, ing techniques and the state asserted firearm in the commission of a felony or records and court proceedings are closed the minor’s safety as the reason for the an act involving cannabis or controlled to the public if the court says so in writ- order. The court noted that the fears for substances that would be a felony if com- ing. Idaho Code Ann. § 20-525 (2012); the minor’s safety were speculative, and mitted by an adult. 705 Ill. Comp. Stat. Idaho Ct. Admin. R. 32(g)(9)(B)(1). protective custody was an available alter- 405/1-8. Law enforcement records are Dependency proceedings and records: native. Id. at 301—02. However, a trial closed to the public unless the juvenile is The general public is excluded from court did not abuse its discretion when being prosecuted as an adult for a crimi- juvenile dependency proceedings, and it excluded a newspaper reporter from a nal offense. Officers may not disclose only those people whom the court finds juvenile proceeding involving victims of the identity of any minor when releasing to have a direct interest in the case may physical and sexual abuse at the hands of information to the general public about be admitted. Idaho Code Ann. § 16-1613. a parent based on its finding that because the arrest, investigation or disposition of Records of dependency proceedings are of the nature of the abuse and size of the any case involving a minor. Id. 405/1-7. closed and available only to certain indi- community where the victims resided and Restrictions on coverage: Illinois law viduals and agencies designated by statute likely would continue to reside, exten- allows a trial judge to close the courtroom and with permission of the court to those sive publicity of the proceedings would when a victim 17 years old or younger who can show that such access is in the adversely affect the victims for the rest is testifying about a sexual offense. The best interests of the child. Id. § 16-1626. of their lives. In re Minor, 563 N.E.2d at media are included among those permit- Restrictions on coverage: Idaho law 1076. ted to remain in the courtroom during this allows witnesses 12 years old or younger Delinquency and dependency records: testimony. 725 Ill. Comp. Stat. 5/115-11. to testify in a criminal or noncriminal Juvenile court records are confidential proceeding by an alternative method to and may be inspected only by certain Indiana in-court testimony. The statute does not individuals and agencies designated by Delinquency and dependency proceed- specify whether the media and public may statute, including representatives of the ings: Juvenile courts in Indiana determine be present when this testimony is given news media by general or special court whether the public should be excluded via the alternative method, which also order. In cases where the records concern from a proceeding except in delinquency is not specified in the law.Id. § 9-1802, a pending juvenile court case, the party proceedings where the child is charged 9-1805. u seeking to inspect the records must notify with committing an act that would be the attorney or guardian ad litem of the murder or a felony if committed by an Illinois minor whose records are sought. In cases adult. In those cases, the proceeding is Delinquency and dependency proceed- that are no longer pending, the minor or open to the public. Ind. Code Ann. §§ ings: Illinois law provides for media access the minor’s parent or guardian must be 31-32-6-2, 31-32-6-3 (West 2012). When to juvenile court proceedings but includes notified, and the request will be referred requested by the prosecutor, the child limitations on publication. Specifically, to the chief judge presiding over juve- involved or the child’s guardian ad litem, the law allows the judge to exclude the nile courts. In determining whether the counsel, parent, guardian or custodian, general public except for the news media records should be available for inspection, the court may close a proceeding during and the crime victim from any hearing. the court should consider the minor’s the testimony of a child witness or child The court may, however, for the minor’s interest in confidentiality and rehabilita- victim if the court finds that an allegation safety and protection and for good cause tion over the person’s interest in obtaining or a defense involves matters of a sexual prohibit anyone present from further the information. In delinquency cases, the nature and closing the proceeding is nec- disclosing the minor’s identity. 705 Ill. public has a right of access to the name, essary to protect the welfare of a child

14 The Reporters Committee for Freedom of the Press witness or child victim. Id. § 31-32-6-4. sion; any instrument of physical force used; before a scheduled court hearing, the In deciding whether closure is necessary the identity of any officers assigned to the court found. Access to records from a to protect the welfare of a child witness or investigation except for undercover units; child-in-need-of-services proceeding that child victim, the court should consider: 1) the age and sex of any child apprehended was closed after the child was reunified the nature of the allegation or defense; 2) or sought for the alleged commission of with her mother, a procedure whereby the age of a child witness or child victim; the offense; and, in limited circumstances, child services departments provide appro- 3) the psychological maturity of a child the child’s identity. Id. § 31-39-3-2. Also, priate services in an attempt to return to witness or child victim; and 4) the desire the head of a law enforcement agency or the family a child who has been removed, of a child witness or child victim to testify that person’s designee may grant any per- also was granted because the child’s prior in a proceeding closed to the public. Id. son with a legitimate interest in the work involvement in the child-welfare system § 31-32-6-5. A proceeding also may be of the agency or in a particular case access was undoubtedly of public interest and closed by request during the testimony to the agency’s confidential records.Id. § importance. The paper also was granted of a health care provider, social worker, 31-39-4-8. access to records held by state and local therapist, school counselor or school psy- In addition to these exceptions to the child services departments because the chologist under certain circumstances. Id. general rule of confidentiality, the juvenile mother did not contest that the child’s § 31-32-6-4. If a proceeding is closed to court may grant any person with a legiti- death was anything other than a result the public, the court must make findings mate interest in the work of the court or of abuse, abandonment or neglect. But of fact concerning the closure and place in a particular case access to the court’s the court was not authorized to grant the the exclusion order in the file of the pro- legal records. A person with access to the paper’s request for access to a transcript ceedings. Id. § 31-32-6-6. records under this statute is not bound by of a review hearing, a periodic proceed- Delinquency and dependency records: the general confidentiality provisions and ing in which the court evaluates the case All juvenile court records in Indiana gen- may publicly disclose the contents of the plan of a child under child services super- erally are confidential, Ind. Code Ann. § records. In exercising its discretion, the vision and determines whether return 31-39-1-2, but several exceptions exist. court should consider that the best inter- to the family is appropriate, because the Records are available to the public with- ests of the safety and welfare of the com- public had been excluded from the hear- out a court order in delinquency proceed- munity are generally served by the public’s ing; nor could the court disclose records ings alleging that a child is delinquent as ability to obtain information about the in two delinquency proceedings involving the result of any of the following alleged alleged commission of an act that would the mother since her alleged neglect and acts or combination of alleged acts: 1) an be murder or a felony if committed by an murder of the child were not the bases act that would be murder or a felony if adult or the alleged commission of an act for the delinquency allegations. In re T.B., committed by an adult; 2) an aggregate of that would be part of a pattern of less seri- 895 N.E.2d 321 (Ind. Ct. App. 2008). two unrelated acts that would be misde- ous offenses. Id. § 31-39-2-10. Interpret- In addition, in cases where a child’s death meanors if committed by an adult if the ing this language, the state intermediate or near death may have been the result of child was 12 years old or older when the appellate court found that a trial court abuse, abandonment or neglect, redacted acts were committed; and 3) an aggregate could not grant media access to confiden- records in the possession of various state of five unrelated acts that would be mis- tial child-in-need-of-services records of and local agencies regarding the child may demeanors if committed by an adult if the children whose parents were accused of be disclosed to any person who requests child was 11 years old or younger when battery, neglect and causing the death of the record, although that person may be the acts were committed. This public their sibling because there was no specific required to pay the reasonable expenses access extends to the child’s name, age, ongoing threat to the safety or welfare of of copying the record. Id. § 31-33-18-1.5. nature of the offense, chronological case the community. The trial court’s stated Also in such cases, the agencies may dis- summaries, index entries, summonses, goals of educating the public, addressing close for research purposes general infor- warrants, petitions, orders, motions not the community’s interest in the welfare mation such as the incidents of reported concerning psychological evaluations of the children and giving the public child abuse or neglect or other statistical or child abuse and neglect, decrees and, new insight into the workings of the trial data if the information is not the subject if adjudicated delinquent for the alleged court and the state Department of Child of pending litigation and does not identify acts or combination of alleged acts, the Services did not warrant disclosure of the the people involved. Id. § 31-33-18-3. child’s photograph. All other records in records when awareness could be achieved Restrictions on coverage: Indiana law delinquency proceedings are confidential by less intrusive measures, the court ruled. allows victims and witnesses 13 years old and may be released only to certain indi- In re K.B., 894 N.E.2d 1013, 1017 (Ind. or younger and those who are mentally viduals and agencies designated by statute. Ct. App. 2008). But another appellate ill, impaired or disabled regardless of age The identifying information of any child court held that a juvenile court was autho- to testify about sexual and other offenses victim or child witness also is confidential rized to grant a newspaper’s request for designated by statute outside the presence under this statute. Id. 31-39-2-8. access to records from a child-in-need- of the defendant via video-recorded tes- Law enforcement agencies may disclose of-services proceeding that was pending timony or closed-circuit television. The to the public the following information at the time of the death of a 3-year-old statute does not specify whether the media contained in records involving allegations child who was allegedly neglected and and public may remain in the courtroom of delinquency that would be a crime if murdered by her mother and mother’s when this testimony is broadcast there. Id. committed by an adult: the nature of the boyfriend. In that case, the death of the §§ 35-37-4-6, 35-37-4-8. offense allegedly committed and the cir- child was a matter “of the keenest public cumstances immediately surrounding it, interest,” and the newspaper had a legiti- Iowa including the time, location and property mate interest in informing the public of Delinquency and dependency proceed- involved; the identity of any victim; a the facts surrounding the death of a child ings: Juvenile court proceedings generally description of the method of apprehen- while in the care of her mother just hours are open in Iowa, although the court, on

Minors making news: access to juvenile courts 15 the motion of any of the parties or on its or a member of the child’s family was Kansas own, may exclude the public from the utilizing social services provided by the Delinquency proceedings: Delinquency hearing if the court determines that the department at the time of the fatality or hearings involving juveniles 16 years possibility of damage or harm to the child near fatality or within the previous five old or older at the time of the alleged outweighs the public’s interest in an open years, information about the department’s offense are open to the public in Kansas. hearing. Upon closing the hearing to the response and findings in the case and any If the juvenile is 15 years old or younger, public, however, the court may admit those recommendations it made to the county the judge may close the hearing after a people with a direct interest in the case or attorney or juvenile court. But the depart- determination that doing so is in the best in the work of the court. Iowa Code Ann. ment will not release information that is interests of the victim or alleged juvenile §§ 232.39, 232.92 (West 2012). confidential under federal law or informa- offender. But even in those cases where Delinquency and dependency records: tion that would identify the reporter of the judge determines that an open hearing Juvenile court records generally are confi- the child abuse or be likely, in the direc- is not in the best interest of the juvenile, dential and may not be publicly disclosed tor’s or designee’s reasonable belief, to the court may allow other people to attend except to certain individuals and agencies cause mental or physical harm to a sibling if all parties agree unless the judge finds designated by statute and by court order of the child or another child in the house, that the presence of these people would to people with a direct interest in the pro- jeopardize the prosecution or rights of disrupt the proceedings. Interpreting a ceeding or in the work of the court. Offi- any alleged perpetrator of the fatality or different statutory provision that has since cial juvenile court records in cases alleg- near fatality or undermine an ongoing or been repealed, the state Supreme Court ing delinquency, including delinquency future criminal investigation. If a person held in a series of rulings that the mean- complaints, are public records, but they who requested such information does not ing of “hearing” in the old statute applied are subject to several restrictions, includ- believe the department has substantially only to hearings of an adjudicatory nature, ing confidentiality orders and sealing. complied with the request, the person may or those that result in a determination of When the court excludes the public from apply to the juvenile court for an order guilt or innocence or in confinement or a hearing, the transcript of the proceed- for disclosure of additional information. punishment rather than merely address ing is not considered a public record, and Also, if an individual who is the subject preliminary or procedural matters. But inspection and disclosure of its contents of a child abuse report or another party language in the current statute specifically are prohibited except by court order. Id. involved in a child abuse assessment pub- states that “hearings” include all proceed- § 232.147. licly releases information concerning the ings held under the Revised Kansas Juve- Records and files of a criminal or juve- case, including information that would nile Justice Code, including detention, nile justice agency concerning a child otherwise be confidential, the director of first appearance, sentencing, as well as involved in a delinquent act are public human services or the director’s designee adjudicatory hearings. Kan. Stat. Ann. § records, but they are subject to several may respond with relevant information 38-2353 (2011). restrictions, including confidentiality about the case. Id. § 235A.15. Delinquency records: Whether juvenile orders and sealing. However, the records Restrictions on coverage: Iowa court delinquency court, law enforcement and are not subject to sealing if the juvenile is rules allow a magistrate judge to close the agency records are open to the public in being prosecuted as an adult for a criminal courtroom during a preliminary hearing Kansas depends on the age and alleged offense. Criminal or juvenile justice agen- in which the judge decides whether there offense of the juvenile. If the juvenile is 13 cies may disclose the name of a juvenile is probable cause to believe that an indict- years old or younger, the records are not who escaped from an institution to which able offense, including one involving a available for public inspection and may be he or she was committed, as well as the minor, has been committed and that the disclosed only to certain individuals and facts surrounding the escape and the defendant committed it if the defendant agencies designated by statute or those offense or alleged offense that resulted in requests such closure. The media and with a court order. However, this general the placement of the juvenile in the facil- public may not remain in the courtroom rule of confidentiality does not apply in ity. Id. § 232.149. in such cases. Iowa Ct. R. 2.2. The law the following cases: 1) where a juvenile 14 Upon request from a member of the also allows victims and witnesses 17 years years old or older has violated a statute, public, the state Department of Human old or younger and those who are men- city ordinance or county resolution relat- Services must disclose certain informa- tally ill or intellectually or developmen- ing to the regulation of traffic or the oper- tion relating to a case of founded child tally disabled regardless of age to testify ation of automobiles or other vehicles; abuse involving the fatality or near fatal- in a criminal proceeding outside the pres- 2) where a juvenile 16 years old or older ity of a child. If the request is received ence of the defendant via video-recorded has violated a specific statute govern- before or during an assessment of the testimony or closed-circuit television. ing, among other activities, the handling case, the director of human services or the The statute does not specify whether of firearms or boating activities; and 3) director’s designee must initially disclose the media and public may remain in the where any juvenile is charged as an adult. whether or not the assessment will be or is courtroom when this testimony is broad- In addition, records concerning a public being performed. Otherwise, within five cast there. Iowa Code Ann. § 915.38. offense committed or allegedly commit- business days of receiving the request or Cameras: Although court rules govern- ted by a juvenile 14 years old or older are completing the assessment, whichever is ing expanded media coverage of court subject to the same disclosure restrictions later, the director of human services or proceedings specifically prohibit the as those of adults. Information identify- the director’s designee must release any broadcasting, recording and photograph- ing victims and alleged victims of sexual relevant child abuse information con- ing of juvenile proceedings, such cover- offenses may not be publicly disclosed, cerning the child or the child’s family and age is allowed in cases where all parties, although nothing in the statute prohibits the department’s response and findings. including the parent or guardian of a such a victim or alleged victim from vol- This information will include a summary minor child, consent on the record to the untarily disclosing his or her identity. Id. of information as to whether the child media coverage. Iowa Ct. R. 25.2. § 38-1608.

16 The Reporters Committee for Freedom of the Press Dependency proceedings: Proceedings record findings justifying its decision, a Rev. Stat. Ann. § 610.340. The state attor- involving the termination of parental copy of which the court must provide to ney general found that the disclosure of rights are generally open to the public the individual who requested the records. the fact that a juvenile was wounded dur- unless the court determines that closure Id. § 38-2212. ing a shooting invaded her privacy. Thus, or exclusion of that person from the pro- Restrictions on coverage: Kansas law the Lexington, Ky., police acted properly ceeding would be in the best interests of allows victims 12 years old or younger in redacting her name and her mother’s the child or necessary to protect the pri- to testify in criminal proceedings outside name from an incident report disclosed vacy rights of the parents. But proceed- the presence of the defendant via video- to the Lexington Herald-Leader. Ky. Op. ings related to the disposition of a child recorded testimony or closed-circuit Att’y Gen. 96-ORD-115 (1996). More alleged to be in need of care are gener- television. The statute does not specify recently, the attorney general found that ally closed to the public. The court may whether the media and public may remain the Whitley County Police Department allow other people to attend, however, if in the courtroom when this testimony is violated the state Open Records Act when all parties agree and the court determines broadcast there. Id. § 22-3434. In addition, it denied the Corbin News Journal’s request that such attendance would be in the best the state Supreme Court’s rules governing for radio traffic and a computer-aided dis- interests of the child or the conduct of media coverage of judicial proceedings patch report from an incident in which a the proceedings, subject to any limita- prohibit the audio recording and pho- child was injured by exploding fireworks. tions the court decides are appropriate. tographing of juveniles who participate Because these materials were not juvenile In addition, if confidential information is in a trial court proceeding and request court records, the statutory restrictions introduced into evidence, the court may such a restriction. But members of the on disclosure of such were thus inappli- exclude those people not authorized to news media may record and photograph cable, according to the opinion. Ky. Op. receive such information or conduct a a juvenile who is being prosecuted as an Att’y. Gen. 10-ORD 161 (2010). private hearing in the judge’s chambers adult for a criminal offense. Kan. Sup. Ct. A report of suspected child abuse, during the presentation of this evidence. R. 1001(6)—(7). A Supreme Court com- neglect or dependency and all informa- Id. § 38-2247. mittee currently is reviewing the rules on tion obtained by the state Cabinet for Dependency records: Juvenile court, media coverage of judicial proceedings. Health and Family Services during its agency and law enforcement records investigation into or assessment of the involving the subject of a child-in-need- Kentucky alleged abuse or neglect is confidential of-care report are not available for public Delinquency and dependency pro- and may not be publicly disclosed except inspection and may be disclosed only to ceedings: Juvenile court proceedings are in a couple of circumstances. When an certain individuals and agencies desig- presumptively closed in Kentucky. But adult who is the subject of a report of sus- nated by statute or those with a court the court may admit those people with a pected abuse or neglect publicly reveals order. Id. § 38-2209. However, informa- direct interest in the case or in the work or causes to be revealed any significant tion from confidential reports or records of the court. People agreed to by the part of the confidential matter or infor- of such children may be publicly disclosed child and the child’s attorney also may mation, the confidentiality is presumed when: 1) the individuals involved or their be admitted to the hearing. Ky. Rev. Stat. voluntarily waived, and confidential infor- representatives have given consent; or 2) Ann. § 610.070 (West 2011). The media mation and records about that person an investigation into alleged child abuse can be excluded from a hearing in circuit not already disclosed but related to the or neglect or the filing of a petition alleg- court regarding a juvenile’s appeal from information made public may be released ing that a child is in need of care has an order declaring the transfer statute if disclosure is in the best interest of the become public knowledge so long as the unconstitutional. Such an exclusion does child or necessary for the administration disclosure is limited to confirmation of not violate the media’s First Amendment of the cabinet’s duties. Also, the cabinet procedural details relating to profession- rights because the juvenile’s “right to a fair may publicly disclose information in cases als’ handling of the case. In addition, in trial, and the public’s interest in fostering where child abuse or neglect resulted in a cases where child abuse or neglect has opportunities for rehabilitation transcend child death or near death. Ky. Rev. Stat. resulted in a child fatality or near fatality, the right of the press to an instantaneous Ann. § 620.050. Beginning in 2011, two reports or records of a child alleged or reporting. . . . It was intended that trials Kentucky newspapers have been involved adjudicated to be in need of care that have of juveniles not be publicized in the news in a lengthy legal dispute with the cabi- been received by the secretary of the state media, as such publicity would possibly net over records involving child deaths Department of Social and Rehabilitation deprive the juvenile of a fair trial and, or near deaths stemming from abuse Services, a law enforcement agency or more particularly, would likely diminish or neglect. A judge ordered the state to any juvenile intake and assessment worker his or her prospect for rehabilitation. To release documents in 2011, and the gover- are public record. Within seven days of exclude the press at the district level, but nor said his administration would comply receipt of an open-records request for admit them at the appellate level would with the order, releasing records weekly. these documents, the secretary will notify tend to nullify the original intent and pur- But in April 2012, state officials denied any affected individual, who, in addition pose of the [statute],” the state’s Supreme a request by the Herald-Leader for child- to the secretary, may file a motion ask- Court ruled. In such cases, the media also protection records in the 2009 death of a ing the court to prevent disclosure of the can be denied access to the juvenile court 7-month-old whose father, claiming the information. In that case, the court will records. F.T.P. v. Courier-Journal & Louis- death was accidental, was charged with consider the effect such disclosure may ville Times Co., 774 S.W.2d 444, 446 (Ky. murder in connection with the fatality. have on an ongoing criminal investiga- 1989). Cabinet officials claimed that the records tion, pending prosecution or the privacy Delinquency and dependency records: were exempt because child protection of the child, the child’s siblings, parents or Juvenile court records are confidential and workers never determined that the baby’s guardians. If the court denies the request, may be disclosed only to certain individu- death was caused by neglect or abuse — an it is required to make written, on-the- als and agencies designated by statute. Ky. assertion the newspaper’s lawyer disputed,

Minors making news: access to juvenile courts 17 saying in a newspaper article about the ing traffic violations are confidential and exclusion did not violate the defendant’s case, “there is simply no requirement of a may not be disclosed except by certain constitutional right to a public trial since criminal conviction” for the records to be individuals and agencies designated by the court did not exclude the media and public. Newspaper in Another Dispute with statute. But non-identifying information other essential parties. State v. Loyden, State Officials over Child Protection Records, of a general nature, including statistics, 899 So. 2d 166, 179 (La. Ct. App. 2005). Associated Press, Apr. 30, 2012. is not confidential and may be released The law also allows victims and witnesses The state attorney general held that without a court order. Id. art. 412. Statis- 16 years old or younger and those with a arrest records and incident reports from a tical and other financial data relating to developmental disability regardless of age local police department in abuse situations money paid to attorneys out of the court’s to testify in a criminal proceeding outside are not exempt from public inspection. Ky. judicial expense fund is exempt from the the presence of the defendant via closed- Op. Att’y Gen. 91-12 (1991). The official confidentiality protection afforded juve- circuit television. The statute does not also found that the state police improperly nile court records. Babst v. Jordon, 522 So. specify whether the media and public may relied on various confidentiality statutes, 2d 136, 137 (La. Ct. App. 1988). In addi- remain in the courtroom when this tes- including the provision regarding child tion, the district attorney, law enforce- timony is broadcast there. La. Rev. Stat. abuse or neglect reports, in denying a ment agency or court may release to the Ann. § 15:283. request for investigative files concern- public the following identifying informa- ing charges of sodomy, sexual abuse and tion about an alleged or adjudicated child Maine unlawful transaction with a minor involv- who was 14 years old or older when the Delinquency proceedings: Whether a ing an adult who was currently a candidate delinquent act was committed: 1) the juvenile delinquency proceeding is open for elective office. The privacy interests of name, age and delinquent act for which to the public in Maine depends on the the juveniles involved could be protected the child is being charged when the court nature of the alleged offense. Hearings by redaction of their names, while the pri- has found probable cause that the child are open to the public if the crime would vacy interest of the adult was outweighed committed a crime of violence or a sec- constitute murder or certain felonies if by the public’s interest in assessing his ond or subsequent felony-level offense; committed by an adult or a misdemeanor fitness to serve in the office for which he and 2) the name, age, delinquent act if committed by an adult and the juvenile was a candidate and its interest in evalu- and disposition of a child who has been has previously been adjudicated of com- ating the performance of the state police, adjudicated delinquent for a crime of vio- mitting a juvenile crime. The general the attorney general ruled. Ky. Op. Att’y. lence, a second or subsequent felony-level public is excluded from all other delin- Gen. 93-ORD-42 (1993). offense or the distribution or possession quency hearings and proceedings. Me. Restrictions on coverage: Kentucky with the intent to distribute a controlled Rev. Stat. Ann. tit. 15, § 3307 (2011). law allows victims and witnesses 12 years dangerous substance. Law enforcement Dependency proceedings: All child old or younger to testify in criminal pro- agencies also may release to the public the protection proceedings are closed to the ceedings involving illegal sexual activity name, age, physical description and pho- public unless the court orders otherwise. outside the presence of the defendant tograph of a child who has escaped from Id. tit. 22, § 4007. According to the state via video-recorded testimony or closed- a juvenile detention center and, in certain Supreme Court, “the statute clearly states circuit television. The statute does not circumstances, of a child who is wanted that the presumption is that proceedings specify whether the media and public may for a felony-level delinquent act involving will be closed absent extraordinary cir- remain in the courtroom when this tes- an offense against a person or a dangerous cumstances,” notwithstanding the con- timony is broadcast there. Ky. Rev. Stat. weapon. La. Child. Code Ann. art. 412. trary claim of a mother who sought to Ann. § 421.350. Restrictions on coverage: Louisiana law open to the public proceedings related allows a trial judge to close the courtroom to the termination of her parental rights Louisiana when a victim 15 years old or younger tes- that proceedings are open unless the court Delinquency proceedings: Juvenile tifies about a sex offense. During this tes- makes specific findings of unusual circum- delinquency proceedings are closed in timony, the court may allow a “reasonable stances that would justify closure. In re Louisiana except in cases involving a but limited” number of members of the Bailey M., 788 A.2d 590, 596 (Me. 2002). crime of violence or a delinquent act that public and any other person with a valid Delinquency records: If the proceeding is a second or subsequent felony-level interest in the proceedings to remain. is open to the public, the petition, record adjudication. La. Child. Code Ann. art. La. Rev. Stat. Ann. § 15:469.1 (2011). of the hearing and order of adjudication 879 (2011). The court also may admit any Although the statute applies to minors are open to public inspection as well. other person with a proper interest in the 15 years old or younger and does not Records of proceedings not open to the proceedings or in the work of the court. Id. specifically address those 16 or 17 years public may be inspected only by certain art. 407. The news media have standing to old, the interests of any minor victim of individuals and agencies and with consent intervene and assert a right to attend, and sexual abuse, upon a proper showing by of the court by those with a legitimate obtain records to, juvenile court proceed- the state, “may sometimes be protected interest in the proceedings provided the ings. Chi. Tribune Co. v. Mauffray, 996 So. by a court on a case-to-case basis on the names of the juvenile, the juvenile’s par- 2d 1273, 1279—80. (La. Ct. App. 2008). exercise of the court’s inherent power to ents, guardian, legal custodian, attorney Dependency proceedings: Hearings in control its proceedings.” State v. Fletcher, and any other parties are excluded. Me. a dependency proceeding generally are 537 So. 2d 805, 807 (La. Ct. App. 1989). Rev. Stat. Ann. tit. 15, § 3308. A law closed, although the court may admit any In an aggravated rape case, the court enforcement agency may not release the person with an interest in the proceedings cleared the courtroom of spectators but identity of a juvenile until a petition is or in the work of the court. La. Child. allowed members of the news media filed charging the minor with a juvenile Code Ann. art. 407. to remain when the victims, the young crime. Id. § 3307. Delinquency and dependency records: stepdaughters of the defendant, were Dependency records: Juvenile depen- Juvenile court records except those involv- testifying. The court concluded that this dency records are confidential and may

18 The Reporters Committee for Freedom of the Press be disclosed only to certain individuals cast there. Id. tit. 15, § 1205. In addi- with constitutional free-press guaran- and agencies designated by statute. Id. tit. tion, court rules prohibit photographs of tees, require the media to publish specific 22, § 4008. In cases involving the abuse minors in criminal proceedings except material, including the use of specific or neglect of a child, the commissioner those tried as adults. Me. Sup. Ct. Admin. terms in referring to the juvenile. of the state Department of Health and Order JB-05-15. Delinquency and dependency records: Human Services may disclose records Juvenile court records are confidential relating to the alleged abuse or neglect Maryland and cannot be released without a court and the investigation into such allegations Delinquency proceedings: Whether a order for good cause. Md. Code Ann., if the official determines that such disclo- juvenile delinquency proceeding is open Cts. & Jud. Proc. §§ 3-827, 3-8A-27; sure is not contrary to the best interests to the public in Maryland depends on Md. Juv. Ct. R. 11-121. But these statutes of the child, the child’s siblings or other the nature of the alleged offense. Hear- do not prohibit public access to juvenile children in the house and any one of the ings are open to the public if the child is facilities, the state attorney general found. following factors exists: 1) the alleged per- charged with a felony unless good cause Md. Op. Att’y Gen. 93-038 (1993). Even petrator of the abuse or neglect has been is shown for closing the proceeding. The in civil court, records relating to juveniles criminally charged in connection with the court also may close a hearing in a felony may be sealed in certain circumstances. allegations; 2) a judge, law enforcement delinquency proceeding when a child vic- The federal court in Maryland held that official, district attorney or other state tim is testifying unless good cause for the preserving the confidential identity of a or local investigative agency or official child’s testimony in open court is shown. minor and her family was a compelling has publicly disclosed, as required by law Hearings in delinquency proceedings government interest and that replac- in the performance of official duties, the alleging misdemeanor offenses are closed ing the juvenile plaintiff’s name with her provision of or investigation by child wel- to the public. Md. Code Ann., Cts. & initials in a civil rights complaint was a fare services; or 3) a parent, custodian or Jud. Proc. § 3-8A-13 (West 2012). Courts sufficiently narrowly tailored redaction guardian of the victim or a minor victim must list the name of the alleged offender to serve this interest. But the court also 15 years old or older previously made a in all juvenile felony hearings and post held that any interested party, in that case knowing, voluntary and public disclosure hearing times and places. The clerk must a newspaper, may file a motion requesting of the information. In addition, the com- make the list publicly available prior to further relief regarding the contents of missioner is required to publicly disclose convening court on any day the juvenile the complaint, its attachments and other the findings or information related to situ- court is in session. Md. Juv. Ct. R. 11-104. court pleadings. M.P. v. Schwartz, 853 F. ations where child abuse or neglect results Dependency proceedings: In any pro- Supp. 164, 168—69 (D. Md. 1994). in a child fatality or near fatality except in ceeding in which a child is alleged to be in Minor testimony: Maryland law allows those circumstances where the disclosure need of assistance, the court may exclude child victims of child or sexual abuse to of child protective information would the general public from the hearing and testify in criminal proceedings outside jeopardize a criminal investigation or pro- admit only those people with a direct inter- the presence of the defendant via closed- ceeding. Such information may include, est in the proceeding. Md. Code Ann., circuit television. The statute does not among other facts, the name and age of Cts. & Jud. Proc. § 3-810. The Mary- specify whether the media and public may the abused or neglected child if various land Court of Appeals, the state’s highest remain in the courtroom when this testi- individuals agree with the commissioner’s appellate court, held that although a juve- mony is broadcast there. Md. Code Ann., decision to release the information and nile court has the discretion to exclude the Crim. Proc. § 11-303. But the Court of the identification of child protective or media and public from a juvenile proceed- Appeals held that closing the courtroom other services provided or actions taken ing, this discretion is not unlimited and during the testimony of a 14-year-old regarding the child and the child’s family. must be exercised within constitutional alleged sexual abuse victim violated the The disclosure of such information is lim- limitations. In re Maria P., 904 A.2d 432, defendant’s Sixth Amendment right to a ited, however, when the investigation into 442 (Md. 2006) (involving the exclusion public trial. The court emphasized that the report of abuse or neglect is ongo- of a mother from a hearing during the while the trial judge has the authority ing; nor may the disclosed information testimony of her 12-year-old daughter, to close the courtroom under such cir- identify the source of the report or other whom the mother allegedly abused); see cumstances, he or she must provide case- members of the child’s household who also Balt. Sun. Co. v. State, 667 A.2d 166, specific findings justifying the closure are not the subject of the report. When 171 (Md. 1995). In The Sun case, the court order. The court also suggested that a deciding whether disclosure would be also ruled that although a juvenile court judge considering a motion to close the contrary to the best interests of the child can place reasonable restrictions on the courtroom during the victim’s testimony or others, the commissioner will consider media’s use of information obtained in a in a child sexual abuse trial should hold the privacy of the child and the child’s confidential juvenile proceeding, it can- an evidentiary hearing on the matter and family and the effects disclosure may have not limit their publication of information may not simply rely on the prosecution’s on efforts to reunite and provide services legitimately collected from other sources general claims that protection of the to the family. Id. § 4008-A. nor can it condition access to the juvenile child warrants closure. Carter v. State, Restrictions on coverage: Maine law proceeding on the required publication 738 A.2d 871, 876—78 (Md. 1999). allows victims 15 years old or younger of specific material dictated by the court. Court rules governing the recording, and those with a developmental dis- In that case, a juvenile dependency pro- broadcasting and photographing of court ability regardless of age to testify about ceeding involving the alleged abuse of an proceedings allow the court on request sexual offenses outside the presence of the infant, the Court of Appeals found that by any of the participants or on its own defendant via video-recorded testimony. the juvenile court could not restrict the to prohibit such media coverage for good The statute does not specify whether publication of a photograph of the juve- cause. There is a presumption that good the media and public may remain in the nile obtained from the police department. cause exists in cases involving minors. courtroom when this testimony is broad- Nor could the lower court, consistent Md. R. 16-109.

Minors making news: access to juvenile courts 19 Massachusetts necessarily extend to the records of those was accidentally blurted. OpenCourt Delinquency proceedings: The public proceedings. News Group Bos., 568 N.E.2d challenged the judge’s order to redact the is generally excluded from juvenile delin- at 604. A juvenile’s probation officer must victim’s name from the footage, and to quency hearings in Massachusetts except publicly disclose the name of any juvenile temporarily put on hold public access to in cases where the child is charged with between the ages of 14 and 16 who previ- the online archive of its broadcasts. “We murder in the first or second degree or ously has been adjudicated delinquent at . . . agree that on the record of this case, where the state has proceeded by indict- least twice for acts that would be punish- the judge’s order was unconstitutional ment. Mass. Gen. Laws Ann. ch. 119, § able by imprisonment in state prison if the because the Commonwealth did not 65 (West 2012). In News Group Bos., Inc. juvenile were an adult and the juvenile is provide an adequate demonstration that v. Commonwealth, the trial judge, pursu- charged with another such offense. Mass. this particular minor’s privacy or psycho- ant to the 1990 statutory amendment that Gen. Laws Ann. ch. 119, § 60A. logical well-being would be harmed by provided a right to attend juvenile court Dependency proceedings and records: publication of her name, or that a prior sessions involving juveniles charged with Juvenile dependency proceedings are restraint was the least restrictive reason- murder, allowed public access to delin- closed to the general public in Massa- able method to protect those interests,” quency proceedings involving five juve- chusetts, and publication of the names of the court said. Commonwealth v. Barnes, niles charged with murder, aggravated people involved in the closed hearings is 963 N.E.2d 1156, 1161 (Mass. 2012). rape and robbery. The Supreme Judicial prohibited. Id. § 38. The Massachusetts Legislature is cur- Court of Massachusetts found it “reason- Restrictions on coverage: Massachu- rently considering Senate bill 785, which ably clear that the Legislature intended setts law allows a trial judge to close the would impose criminal charges against generally that a judge not exclude the courtroom when a victim 17 years old members of the news media and others public from such a hearing . . . The Leg- or younger is testifying about a sexual who, in connection with any criminal pro- islature could rationally conclude that the offense. Id. ch. 278, § 16A. Before doing ceeding, disclose documents that divulge public interest in the proper disposition so, however, the judge must determine information about a child involved in of a murder charge against a juvenile, the that closure is necessary to prevent psy- the proceeding, regardless of the source most serious of crimes (perhaps barring chological harm or trauma to the minor of such documents or information. The treason), warrants opening the courtroom victim and narrowly tailored to serve that Reporters Committee for Freedom of to all proceedings.” Although the court interest. The court also must consider the Press and a number of local media did not adopt a standard governing clo- reasonable alternatives to closure. In organizations and advocacy groups sub- sure, it did hold that “the presumption deciding whether testifying in open court mitted comments opposing the measure, is . . . that the courtroom will be open.” would cause the minor victim to suffer arguing that it goes too far by seemingly News Group Bos., Inc. v. Commonwealth, psychological harm or trauma, the court prohibiting the publication of all informa- 568 N.E.2d 600, 601, 603, 604 (Mass. will consider the child’s age, maturity, tion about child witnesses in all criminal 1991). A few years later, the state’s high nature of the alleged crime and desires proceedings and amounts to an unconsti- court also held that a newspaper should and interests of the victim and the victim’s tutional prior restraint on publication. In have full access to the court cases involv- parents and relatives. Commonwealth v. early February, the Joint Committee on ing Robert and Andrea Berkowitz, who Martin, 629 N.E.2d 297, 301—02 (Mass. the Judiciary held a public hearing on the were charged with 10 counts of serving 1994). Massachusetts law also allows bill, but there has been no action since. alcohol to a minor and contributing to the victims and witnesses 14 years old or delinquency of a minor after they alleg- younger to testify about a sexual offense Michigan edly served beer and liquor to their son outside the presence of the defendant Delinquency and dependency proceed- and his friends at their home. The court via video-recorded testimony or closed- ings: In general, juvenile court hearings found that the lower court’s order, which circuit television. The statute appears are open to the public in Michigan. But included a prohibition on publishing the to allow the media and public to remain on request by a party or victim, the court name of any child who had engaged in in the courtroom when this testimony is may close the proceedings during the delinquent conduct and photographing broadcast there. Mass. Gen. Laws Ann. testimony of a child or victim to protect the face of any child who testified, was an ch. 278, § 16D. Court rules governing the welfare of either. In deciding whether unlawful prior restraint on publication. electronic access to the courts prohibit a child or victim’s welfare warrants clo- The court stated that the lower court photographing or recording minors with- sure, the court will consider the nature failed to provide detailed findings of fact out the judge’s consent. Mass. Sup. J. Ct. of the proceedings, the age and maturity that would clearly show a compelling R. 1:19. of the witness and the preference of the state interest. George W. Prescott Publ’g Co. In March, the Supreme Judicial Court witness or that of a parent if the witness v. Stoughton Div. of the Dist. Court, 701 ruled that a judicial order that a news is a child that the proceedings be open or N.E.2d 307, 311 (Mass. 1998). organization — in that case WBUR- closed. The court may not close a juve- Delinquency records: Records of a FM’s OpenCourt program, which live- nile delinquency proceeding to the pub- delinquency proceeding conducted by streams daily video and audio recordings lic during the testimony of the juvenile. indictment are open to the public in the of proceedings in Quincy District Court Mich. Comp. Laws Ann. § 712A.17 (West same manner as adult criminal records. All and posts the footage online two days 2012); Mich. Ct. R. 3.925. other delinquency records are withheld later — redact material presented during Delinquency records: Juvenile delin- from public inspection except with the open court is an unconstitutional prior quency records are open to the general judge’s consent. Mass. Gen. Laws Ann. ch. restraint on publication. One of the issues public except for records of hearings that 119, § 60A. In fact, the News Group Boston on appeal was a broadcast from a danger- were closed. Those records can be opened court held that the statutory requirement ousness hearing in a criminal case in the only by court order to people with a legit- of opening juvenile courtrooms to the Quincy court during which the name of imate interest in them. public in cases involving murder does not an underage alleged victim of sexual abuse Dependency records: Child protective

20 The Reporters Committee for Freedom of the Press files and records are confidential and only journalists to be present during juvenile old or younger to testify about physical or available to certain individuals and agen- proceedings that otherwise are closed to sexual abuse or a crime involving violence cies designated by statute and individuals the general public. In re Welfare of R.L.K., outside the presence of the defendant via with a legitimate interest. In determining 269 N.W.2d 367, 370, 371 (Minn. 1978). closed-circuit television. The statute does whether a person has a legitimate inter- Although the court was interpreting a dif- not specify whether the media and public est, the court will consider the nature of ferent statutory provision that has since may remain in the courtroom when this the proceedings, the welfare and safety of been repealed, the language in the appli- testimony is broadcast there. Minn. Stat. the public, the interest of the minor and cable statute is identical to that in the old Ann. § 595.02. any restrictions on disclosure imposed by one and thus the court’s reasoning likely state or federal law. Mich. Comp. Laws is still applicable. It is important to note, Mississippi Ann. § 722.627; Mich. Ct. R. 3.925. however, that In re Welfare of R.L.K. did Delinquency proceedings: Members Minor testimony: Michigan law allows not involve a juvenile delinquency pro- of the public are excluded from juvenile victims 15 years old or younger and ceeding but rather a proceeding involving delinquency hearings in Mississippi unless developmentally disabled victims regard- the termination of parental rights. they have a direct interest in the cause or less of age to testify about a sexual offense Delinquency records: Generally, the work of the court. Miss. Code Ann. § outside the presence of the defendant via records of juvenile delinquency proceed- 43-21-203 (West 2011). video-recorded testimony. During this ings are unavailable to the public. But Dependency proceedings: Media cover- testimony, the law requires that every- the public does have access to the writ- age of delinquency or “child in need of one “not necessary to the proceeding” be ten appellate opinions of juvenile courts supervision” proceedings is strictly pro- excluded from the courtroom but does as well as the records of juvenile delin- hibited except in extraordinary and com- not specify — nor have Michigan courts quency proceedings where the offender is pelling circumstances. Miss. Youth Ct. R. interpreted — whether the media are con- 16 years old or older and has committed a 5. sidered necessary in this context. Mich. crime that would be a felony if committed Delinquency and dependency records: Comp. Laws Ann. § 600.2163a. by an adult. Minn. Stat. Ann. § 260B.171. Juvenile court records are confidential Dependency proceedings and records: except by court order in situations where Minnesota Under Minnesota law, juvenile court the court determines that disclosure Delinquency hearings: Under Minne- hearings relating to the termination of would advance the child’s best interest or sota law, juvenile delinquency hearings parental rights and various other child public safety. Non-identifying informa- generally are not open to the public. protection matters are open to the pub- tion is available to people engaged in bona However, the proceedings are open if a lic absent exceptional circumstances. fide research. This general rule of confi- minor has allegedly committed an offense Id. § 260C.163. The records from these dentiality does not apply to the names that would be a felony if committed by proceedings also are available for public and addresses of juveniles who: 1) have an adult and the minor was 16 years old inspection. Id. § 260C.171. The Minne- been adjudicated delinquent twice for an or older at the time of the offense. Minn. sota Court of Appeals held that the pos- act that would be a felony if committed Stat. Ann. § 260B.163 (West 2012). In a sible traumatization of a child involved in by an adult or for the unlawful possession case where it was undisputed that the pub- a juvenile dependency and neglect pro- of a firearm; and 2) have been adjudicated lic had a right of access to a delinquency ceeding was not a compelling state inter- delinquent for murder, manslaughter, proceeding given the age and alleged est sufficient to justify a gag order on the burglary, arson, armed robbery, aggra- crime of the juvenile, the public also media. As a result, the trial court’s order vated assault, any sex offense specified in had the right to attend a hearing during prohibiting the media from publishing a particular statute, any violation of a par- which the court would decide whether the any information relating to the proceed- ticular statute involving drug trafficking or juvenile would be tried as an adult. Min- ing in question, including information any violation of a particular statute involv- neapolis Star Tribune v. Bush, 20 Media L. obtained legally from public records and ing driving under the influence. Nor does Rep. (BNA) 2293 (Minn. Ct. App. 1993). independent sources, was ruled unconsti- the prohibition apply to the disclosure But the court may still exclude the public tutional. Minneapolis Star & Tribune Co. v. of information in a criminal defendant’s from a transfer hearing when the par- Schmidt, 360 N.W.2d 433, 435 (Minn. Ct. juvenile record if such information is dis- ties are discussing evidence relating to App. 1985) cussed in open court. Jeffries v. State, 724 the minor’s psychological state or other Restrictions on coverage: Minnesota law So. 2d 897, 899—900 (Miss. 1998). And in evidence that would not be public in an allows trial judges to close the courtroom holding that a youth court judge did not adult proceeding. In other delinquency when minor victims testify about sexual abuse his discretion in releasing records proceedings, including transfer hearings offenses. Minn. Stat. Ann. § 631.045. The of a juvenile’s adjudication of delinquency that do not qualify under the criteria state appellate court upheld a trial court’s for shoplifting for use as a defense in the described above, the court may admit decision to allow news reporters into the juvenile’s civil suit arising from the same people with a direct interest in the case courtroom during the testimony of minor incident, the Mississippi Supreme Court or in the work of the court. Minn. Stat. sexual assault victims on the condition that stated that the right of confidentiality in Ann. § 260B.163, Minn. Juv. Ct. R. 18.05. the journalists not publish the juveniles’ youth court proceedings is qualified and The Minnesota Supreme Court held that names or disclose information relating not an absolute privilege. Daniels by Glass “the news media have a strong interest in to confidential records revealed through v. Wal-Mart Stores, Inc., 634 So. 2d 88, 93 obtaining information regarding our legal their testimony, although the media were (Miss. 1993). institutions and an interest in inform- not restrained from publishing informa- Law enforcement agencies may publicly ing the public about how judicial power tion they obtained from other sources. disclose information about a child taken in juvenile courts is being exercised.” Austin Daily Herald v. Mork, 507 N.W.2d into custody for the alleged commission Because the media have a direct interest 854, 858 (Minn. Ct. App. 1993). The law of a delinquent act without a court order. in the work of the court, a court may allow also allows victims and witnesses 11 years But the information may not identify the

Minors making news: access to juvenile courts 21 child or the child’s address unless the access to legal proceedings. Gannett River the juvenile court and any other informa- information involves a child convicted as States Publ’g Co. v. Hand, 571 So. 2d 941, tion that does not specifically identify the an adult. Miss. Code Ann. § 43-21-261. 944 (Miss. 1990). Mississippi law also child or the child’s family. Law enforce- But the statute does not prohibit release of allows a child victim or witness who is ment records, however, are not open to the name and identifying information of a less than 16 years old and testifying about public inspection unless by court order. child reported missing or abducted. Miss. sexual or child abuse to do so outside the But this rule of confidentiality does not Op. Att’y Gen. 2002-0561 (2002). Law presence of the defendant via closed- apply to police records in cases where enforcement agencies also may disclose circuit television or video-recorded tes- the juvenile is charged as an adult or con- any public record it has maintained that timony if the court determines that the victed of serious offenses. Mo. Ann. Stat. contains statistical information regarding child witness would suffer traumatic or § 211.321. the number of arrests of students at local mental distress from testifying in open Dependency proceedings: Hearings public schools, including records that cat- court on before the defendant. The stat- conducted in any proceeding involving a egorize students by age, grade level, sex, utes do not specify whether the media juvenile who is alleged to be in need of race, offense(s) charged and disposition of and public may remain in the courtroom care and treatment or involving the termi- charges, provided that the records do not during this testimony. Miss. Code Ann. §§ nation of parental rights are open to the contain any information from which the 13-1-405, 13-1-407. Court rules govern- public except during the testimony of any child may be identified. Miss. Op. Att’y ing electronic and photographic coverage juvenile or victim. By request of a party or Gen. 2008-00290 (2008). In cases where of judicial proceedings explicitly prohibit guardian ad litem, the court may close or there is any indication or suggestion such coverage of minors. Miss. R. 3. partially close a hearing to the public if it of either abuse or neglect and a child’s finds that closure: 1) is in the best interests physical condition is medically labeled as Missouri of the juvenile; 2) will protect the physical “serious” or “critical,” the general rule of Delinquency proceedings: Members or emotional well-being of the juvenile confidentiality does not apply. Moreover, of the public generally are excluded or the safety of any other person; 3) will in cases of child deaths, the state Depart- from juvenile court proceedings except promote the integrity of the fact-finding ment of Human Services may release the for people with a direct interest in the process; or 4) will protect the privacy of following information: 1) the child’s name; case or in the work of the court. Public the juvenile or a sibling, foster or adop- 2) the address or location; 3) a verification access is allowed, however, in those delin- tive parents, foster care institutions or any from the agency of case status, i.e., no case quency proceedings in which the juve- other person or institution providing care or involvement, case exists, open or active nile is accused of conduct that would be for the juvenile. A court also may exclude case, case closed; 4) if a case exists, the a class A or B felony if committed by an or partially exclude any person from a type of report or case, i.e., physical abuse, adult or conduct that would be a class C hearing for good cause, exceptional cir- neglect, etc., date of intake and investiga- felony if committed by an adult and the cumstances or where exclusion will serve tion, and case disposition, i.e., substanti- juvenile previously has been adjudicated the best interests of the juvenile. The ated or unsubstantiated. This information delinquent at least twice for conduct that public is prohibited from making any may not be disclosed, however, if there is would be any-level felony if committed by video or audio recordings of a hearing or a pending or planned investigation into an adult. Mo. Ann. Stat. § 211.171 (West photographing any party or witness dur- the death by any local, state or federal 2012). Where there is a right of public ing a hearing. After a dependency hear- government agency or institution. Miss. access to a delinquency proceeding given ing is over, the juvenile officer, attorney Code Ann. § 43-21-261. the juvenile’s alleged crime, the statute for the juvenile officer, children’s division, Restrictions on coverage: The Missis- does not limit such access to a particular attorney for the children’s division, guard- sippi Constitution states that “in pros- phase of the proceedings but provides ian ad litem or court-appointed special ecutions for rape, adultery, fornication, for access to the entire case, including a advocate may provide, but is not limited sodomy or crime against nature the court transfer hearing. State ex rel. St. Louis Post- to providing, the following information may, in its discretion, exclude from the Dispatch, LLC v. Garvey, 179 S.W.3d 899, about the hearing: 1) the nature of the courtroom all persons except such as are 901 (Mo. 2005). case, i.e., abuse or neglect; 2) the result or necessary in the conduct of the trial.” The Delinquency records: Records of juve- outcome of the hearing; and 3) the next Mississippi Court of Appeals held that the nile delinquency proceedings are not hearing date. Id. § 211.319; Mo. Juv. Ct. defendant’s right to a public trial was not open for public inspection except by court R. 122.01. violated when the trial court excluded the order to people with a legitimate interest Dependency records: Pleadings and public from the courtroom during the in the records. But the records are open court orders in proceedings involving testimony of a child sexual assault victim. if the juvenile is charged with an offense a juvenile who is alleged to be in need The court recognized the sensitive nature which would be a class A felony if com- of care and treatment or involving the of the testimony, the family dynamics, the mitted by an adult or capital, first- or termination of parental rights begun emotional state of the child and the child’s second-degree murder. Moreover, after a on Jan. 1, 2006, or later are open to the age. Tillman v. State, 947 So. 2d 993, 995 child has been adjudicated delinquent for public, although the identity of any child (Miss. Ct. App. 2006); Richardson v. State, an offense which would be a class A felony involved, except the perpetrator, as well 990 So. 2d 247, 251—52 (Miss. Ct. App. if committed by an adult, the records as identifying information about foster 2008) (finding same in case involving related to the proceeding are open to the or adoptive parents or other people pro- child fondling). A request for closure must public to the same extent that records of viding care to the juvenile and a reporter be docketed, as notice to the media and criminal proceedings are open to the pub- of child abuse will be redacted. Medi- public, in the court clerk’s office at least lic. The juvenile officer is authorized to cal reports, psychological or psychiatric 24 hours before any hearing on the matter publicly disclose information about the evaluations, investigative reports of the may be held, and the media have standing juvenile’s alleged offense, the substance of children’s division, social histories, home to contest a court order restricting public the petition, the status of proceedings in studies, police reports and law enforce-

22 The Reporters Committee for Freedom of the Press ment records and other records and 41-5-1502 (2011). In addition, the court Stat. § 43-247 (2011). reports deemed confidential by law are may temporarily exclude the public from Delinquency and dependency records: not available for public inspection, and a dispositional hearing during the taking In all juvenile court proceedings, plead- only people whom the court deems to of evidence on the issues of the need for ings, orders, decrees and judgments are have a legitimate interest in the records treatment and rehabilitation if the court public documents, while medical, psy- will be allowed access to them. In deciding finds that such closure is in the best inter- chiatric and social welfare reports and whether a person has a legitimate inter- est of the juvenile or the juvenile’s parent the records of juvenile probation officers est in the records, the court will consider or guardian. Id. § 41-5-1511. as they relate to individual proceedings the nature of the proceedings, the welfare Delinquency records: Juvenile delin- in juvenile court are confidential.Id. § and safety of the public and the interest quency records on file with the clerk of 43-2,108. of any child involved. The court may court are open to public inspection. But Restrictions on coverage: Nebraska law prohibit public access to specific plead- social, medical and psychological records, allows child victims and witnesses 11 years ings and court orders after an opportunity assessment materials and supervision old or younger to testify about any felony for argument and a finding of exceptional records of probationers are open only to offense outside the presence of the defen- circumstances. Publicly available plead- certain individuals designated by statute dant via video-recorded testimony. The ings and court orders are available for and by court order to those people with statute does not specify whether the public inspection and copying during regular a legitimate interest in the case or in the and media may remain in the courtroom business hours, but the public will not work of the court. Id. § 41-5-215. during this testimony. Id. § 29-1926. have access to files or records maintained Dependency proceedings: The statutory Cameras: Although court rules for in electronic format in court information provisions addressing hearings in depen- expanded media coverage of Nebraska systems because neither the courts nor the dency proceedings do not specify whether trial courts explicitly prohibit the broad- office of court administration is required they are open to the public. Id. §§ 41-3- casting, recording and photographing of to modify electronic information systems 432, 41-3-437, 41-3-438. juvenile proceedings, such coverage is to comply with this right of public access. Dependency records: All reports of permissible if all parties, including a par- Mo. Ann. Stat. § 211.319; Mo. Juv. Ct. R. child abuse and neglect must be kept ent or guardian of a minor, consent on the 122.02. The director of the state Depart- confidential, although the law allows record. Neb. R. 2. ment of Social Services, after a review of that records, including case notes, cor- the potential harm to other children in the respondence, evaluations, videotapes and Nevada immediate family, may release findings or interviews, may be released to the news Delinquency proceedings: Juvenile information about cases that resulted in media if disclosure is limited to confir- delinquency hearings are open to the pub- the death or near death of a child. Mo. mation of factual information about how lic in Nevada unless the judge determines Ann. Stat. § 210.150. the case was handled if such disclosure that closure or partial closure is in the Restrictions on coverage: Missouri does not violate the privacy rights of the best interests of the child or the public. law allows victims under 17 years old child or the child’s parents. Disclosure of In those cases, only people with a direct to testify about child or sexual abuse or the records may be prohibited, however, interest in the case may be admitted. Nev. violent crimes such as murder, assault or where release is determined to be detri- Rev. Stat. Ann. § 62D.010 (West 2011). kidnapping outside the presence of the mental to the child or harmful to another Delinquency records: Juvenile delin- defendant if the court finds that the child person who is a subject of information quency records generally are not open would suffer such significant psychologi- contained in the records. The law states for public inspection except by court cal or emotional trauma from testifying that a news organization or its employee, order to people with a legitimate inter- before the defendant that the child would including a freelance writer or reporter, is est in the records. Id. § 62H.030. A sepa- be unable to testify. The statute does not not liable for reporting facts or statements rate statutory provision prohibits a news specify whether the media and public made by an immediate family member if medium from publishing or broadcasting are allowed to remain in the courtroom the news organization, employee, writer the name or race of any child connected during this testimony. Mo. Ann. Stat. or reporter maintains the confidentiality with any delinquency proceeding with- §§ 491.678—.680. The state Supreme of the child who is the subject of the pro- out court order unless the proceeding is Court’s rules governing media coverage of ceeding. Id. § 41-3-205. open to the public. This restriction does judicial proceedings prohibit the record- Restrictions on coverage: Montana law not apply, however, in cases where: 1) ing and photographing of juveniles who allows child victims of sexual offenses to the child previously has been adjudicated participate in a trial court proceeding and testify outside the presence of the defen- delinquent at least once for a crime that request such a restriction. But with the dant via video-recorded testimony. Id. § would have been a felony if committed by judge’s permission members of the news 46-15-402. The statute does not specify an adult that resulted in death or serious media may record and photograph a juve- whether the public and media may remain bodily injury and the child is charged with nile who is being prosecuted as an adult. in the courtroom during this testimony, committing another crime that would be Mo. Sup. Ct. Op. R. 16.02—.03. although it does state that videotapes that a felony if committed by an adult; and 2) are part of the court record are subject to the child previously has been adjudicated Montana a protective order by the court to protect delinquent at least twice for crimes that Delinquency proceedings: The general the privacy of the victim. Id. § 46-15-403. would have been felonies if commit- public generally may not be excluded from ted by an adult and the child is charged delinquency proceedings in Montana, Nebraska with committing another such act. Id. § although the court may close a hearing Delinquency and dependency proceed- 62H.020. The state Supreme Court held in cases where a petition for adjudication ings: The relevant statute does not specify that nothing in the statute limits the class of delinquency alleges that the youth is in whether juvenile court proceedings are of people who can have a legitimate inter- need of intervention. Mont. Code Ann. § open to the public in Nebraska. Neb. Rev. est in juvenile records, and courts have

Minors making news: access to juvenile courts 23 wide discretion to determine which indi- New Hampshire Restrictions on coverage: New Hamp- viduals qualify. In exercising this discre- Delinquency proceedings: Juvenile shire law allows a victim or witness who tion, a court must balance the need of the delinquency proceedings are closed to was 16 or younger at the time of the requesting party against the interests of the public in New Hampshire. N.H. Rev. alleged offense to testify about any crimi- society in keeping certain juvenile court Stat. Ann. § 169-B:34. nal offense outside the presence of the records confidential.Hickey v. Eighth Judi- Delinquency records: The public is defendant via video-recorded testimony if cial Dist. Court, 782 P.2d 1336, 1339 (Nev. not allowed access to delinquency court the court determines that the child would 1989). Note that the court was interpret- records, and the disclosure of information suffer emotional or mental strain from ing a different statutory provision that has contained therein without court order is a testifying in open court. The statute does since been repealed, but nearly identical misdemeanor offense. However, in cases not specify whether the public and media language from the old statute was recodi- involving violent crimes where the peti- are allowed to remain in the courtroom fied into the new one, so the case’s author- tion alleging adjudication for delinquency during this testimony. Id. § 517:13-a. ity is most likely still applicable. is found to be true, the court clerk may Dependency proceedings: Whether disclose the following information after New Jersey dependency proceedings are open to the the adjudicatory hearing: 1) the name Delinquency proceedings: If requested public depends largely on where they and address of the juvenile charged; 2) by the juvenile or the juvenile’s parent occur. All hearings involving children in the specific offense; 3) the custody status or guardian, the prosecutor or any other need of protection statewide are closed to of the juvenile; and 4) the final disposi- interested party, including the media, a the general public unless the court on the tion ordered by the court. Id. § 169-B:36. court may allow public attendance during motion of another person or on its own Release and publication of information any proceeding in a juvenile delinquency determines that opening the hearing is in about a juvenile, including the juvenile’s case provided the judge determines that the best interests of the child involved. In name and address as well as that of the there is no substantial likelihood of spe- deciding whether opening the hearing is parent or guardian, who is 12 years old or cific harm to the juvenile. Unless such in the best interests of the child, the judge older and found to have committed van- a request is made and granted, every must consider and give due weight to the dalism or a second or subsequent offense delinquency hearing will be conducted child’s desires. If the hearing is open, the for the possession with intent to distribute in private with only those people having judge must make specific factual findings any controlled drug also are permitted. Id. a direct involvement in the case present. to support the decision. In judicial dis- § 169-B:46. Although the law specifically The judge also may admit those people tricts that include a county with a popula- states that it is a misdemeanor offense for whom the judge deems to have an interest tion of less than 700,000, hearings involv- any newspaper or radio or television sta- in the work of the court on the condition ing the termination of parental rights also tion to disclose the name, address or any that they agree to not record, disclose or are closed unless these same standards other identifying information about an publish the names, photographs or other for openness are met. In all other judicial arrested juvenile or information about identifying information about people districts, these proceedings generally are any juvenile court proceeding, non-iden- involved in the proceeding except as open to the public unless the court on tifying information about the disposition allowed by the court. N.J. Ct. R. 5:19-2. the motion of another person or on its of delinquency cases involving acts that Hearings to determine whether a juvenile own determines that the hearing must would be felonies if committed by an will be tried as an adult are open to the be closed or partially closed because such adult may be released and published by media where the juvenile fails to provide closure is in the best interests of the child. the media. And the police, with written evidence of substantial likelihood that the In deciding whether closure or partial clo- approval of the county attorney or attor- juvenile would be specifically harmed by sure is in the best interests of the child, ney general, may release to the media the an open hearing or establish extraordinary the judge must consider and give due name and photograph of a juvenile if: 1) circumstances that would compel exercise weight to the child’s desires. If the hear- the juvenile escaped from court-ordered of the court’s discretion to close the hear- ing is closed, the judge must make specific custody; 2) the juvenile has not been ing. State in Interest of Presha, 677 A.2d factual findings to support the closure, apprehended; and 3) there is good cause 806, 810 (N.J. Super. Ct. Ch. Div. 1995). and only those people with a direct inter- to believe that the juvenile presents a seri- A juvenile’s allegation that testimony of a est in the case may be admitted. Hearings ous danger to the juvenile or public safety. highly embarrassing nature would occur involving children taken into protective Id. §§ 169-B:37, 169-B:38. during his sexual assault delinquency pro- custody are generally closed regardless of Dependency proceedings and records: ceeding and that publicity might be detri- where they occur, and only people with a New Hampshire law requires that the mental to his rehabilitation were insuffi- direct interest in the case may be admit- general public and any member of the cient to deny the news media access to the ted. Nev. Rev. Stat. Ann. § 432B.430. news media be excluded from dependency courtroom. But the victim’s demonstra- Dependency records: The records of proceedings, and only those people whose tion of a substantial likelihood of specific juvenile dependency hearings are confi- presence is requested or whom the judge harm that would occur if the media were dential. Id. deems to have a direct interest in the case allowed to be present — shown through Restrictions on coverage: Nevada law or in the work of the court may be admit- the testimony of the victim’s treating allows witnesses less than 13 years old and ted. Those individuals are prohibited psychiatrist that she suffered from post- victims of sexual abuse regardless of age to from disclosing any information obtained traumatic stress disorder and that media testify in any criminal prosecution outside during the hearing that would identify coverage would impede her recovery the presence of the defendant via video- any child or parent involved. Id. §§ 169- — warranted denial of the newspaper’s recorded testimony. The statute does not C:14, 170-C:10. The court records of request to be present during the hearing. specify whether the media and public may dependency proceedings are confidential Nonetheless, the court held that a victim remain in the courtroom when this tes- and withheld from public inspection. Id. has standing to oppose a request to open timony is broadcast there. Id. § 174.227. § 169-C:25. the juvenile proceeding. State in Interest

24 The Reporters Committee for Freedom of the Press of K.P., 709 A.2d 315, 317—18, 328 (N.J. effects of publicly revealing allegations or the parent, guardian or custodian of Super. Ct. Ch. Div. 1997). In delinquency and evidence relating to parental neglect that child. A child subject to an abuse and proceedings where information about the and abuse, considering such factors as the neglect proceeding who is present at a juvenile was lawfully obtained from other nature of the allegation and the age and hearing may object to the presence of the sources, a court restriction on the publica- maturity of the child. N.J. Div. of Youth & media. The court may exclude the media tion of identifying information about the Family Servs. v. J.B., 576 A.2d 261, 269— if it finds that their presence is contrary to juvenile violates the free press guarantees 70 (N.J. 1990). Social, medical, psycho- the best interests of the child. Id. § 32A- of the federal and state constitutions. State logical, legal and other court records that 4-20. Absent a statutory right of access in Interest of H.N., 632 A.2d 537, 539 (N.J. are part of a dependency proceeding are to the courtroom, it is within the juve- Super. Ct. App. Div. 1993). “strictly safeguarded” from public inspec- nile court’s discretion to decide whether Delinquency records: Social, medi- tion. N.J. Ct. R. 5:17-4. to allow the media to attend abuse and cal, psychological, legal and other court Restrictions on coverage: New Jersey neglect proceedings. Albuquerque Journal records pertaining to juveniles charged law allows victims and witnesses who are v. Jewell, 17 P.3d 437, 439 (N.M. 2001). as delinquents are “strictly safeguarded” 16 years old or younger to testify about In the Albuquerque Journal case, the state from public inspection. N.J. Ct. R. sexual or child abuse outside the pres- Supreme Court found that the juve- 5:19-2. However, information about the ence of the defendant via closed-circuit nile court did not abuse its discretion in identity of a juvenile adjudicated delin- television if the court finds that there is excluding the media from the proceeding quent, the offense, the adjudication and a substantial likelihood that the witness because due to the extensive pre-hearing the disposition will be publicly disclosed would suffer severe emotional or mental media coverage, they could not maintain where the offense for which the juvenile distress by testifying in open court. The the confidentiality of the parties involved, was adjudicated delinquent would be a statute seems to indicate that the public and “confidentiality is a necessary pre- crime of the first, second or third degree, and media are allowed to remain in the condition to media access to child abuse aggravated assault or property destruction courtroom during this testimony. N.J. and neglect proceedings.” Id. Members or damage over $500 if committed by an Stat. Ann. § 2A:84A-32.4. Pursuant to of the media who are granted admission adult. But if the juvenile demonstrates at court rules governing cameras in the to a closed abuse and neglect hearing the time of disposition a substantial likeli- courts, recording or photographing crime and intentionally divulge information hood that specific and extraordinary harm victims 17 years old or younger at the obtained during the proceeding can be would result from such disclosure, the time of trial and witnesses 13 years old or found guilty of a petty misdemeanor. information may be withheld from public younger at the time of trial is allowed only N.M. Stat. Ann. § 32A-4-20. inspection after the judge provides on- at the discretion of the judge. But cover- Delinquency records: In delinquency the-record reasons why disclosure would age of 17-year-old defendants charged proceedings, all records, including, be harmful to the juvenile. N.J. Stat. Ann. with motor vehicle violations is permis- among others, related social records, § 2A:4A-60 (West 2012). sible. N.J. Ct. Directive 10-03. diagnostic evaluations, psychiatric, medi- Dependency proceedings and records: cal, social-studies and pre-parole reports Juvenile dependency hearings in New New Mexico and supervision histories are privileged Jersey are conducted in private with only Delinquency proceedings: Juvenile and generally not available for public those people having a direct involve- delinquency proceedings are open to inspection. But members of the public ment in the case present. The judge also the public in New Mexico, except where with a legitimate interest in the case or may admit those people whom the judge the judge, based on exceptional circum- in the work of the court may inspect such deems to have an interest in the work stances, finds it appropriate to conduct a records, save mental health and develop- of the court on the condition that they closed hearing. People the court deems to mental disability records, by court order agree to not record, disclose or publish have a proper interest in the case or in the and an agreement to not release the the names, photographs or other identify- work of the court, including “accredited records. People who intentionally release ing information about people involved in representatives” of the news media, may any delinquency information or records the proceeding. N.J. Ct. R. 5:17-4. The attend a closed hearing on the condition closed to the public can be found guilty state Supreme Court held that the com- that they agree to not reveal information of a petty misdemeanor. Id. § 32A-2-32. pelling state interest in protecting victims regarding the exceptional circumstances Dependency records: In abuse and of child abuse from the embarrassment of that warranted closure to the general neglect proceedings, all records, includ- testifying in open court, with the atten- public. Members of the media who are ing social records, diagnostic evaluations, dant possibility of media coverage, justi- granted admission to a closed hearing psychiatric or psychological reports, vid- fied the presumption that proceedings and intentionally divulge information eotapes, transcripts and audio recordings involving the termination of parental obtained during the proceeding can be of a child’s statement of abuse and medical rights are closed to public, notwithstand- found guilty of a petty misdemeanor. reports, are confidential and closed to the ing the right of public access to judicial N.M. Stat. Ann. § 32A-2-16 (West 2012). public. But members of the public with proceedings and records implicit in the Dependency proceedings: In New a legitimate interest in the case or in the First Amendment. This presumption of Mexico, all abuse and neglect hearings work of the court may inspect such records closure does not, however, equate with a are closed to the general public. People by court order. People who intentionally mandatory rule, and members of the pub- the court deems to have a proper interest release any abuse and neglect informa- lic, including the media, must be free to in the case or in the work of the court, tion or records closed to the public can be request that they be permitted to attend including “accredited representatives” found guilty of a petty misdemeanor. Id. § the proceedings. In those cases, the court of the news media, may attend a closed 32A-4-33. In cases where a child’s death must balance the public’s access right hearing on the condition that they agree is allegedly caused by abuse or neglect, against the state’s interest in protecting to not reveal information that would iden- the state Children, Youth and Families children from the possible detrimental tify any child involved in the proceedings Department may release the following

Minors making news: access to juvenile courts 25 information: 1) the age and gender of the the court. Closure is allowed only if the Moynihan, 519 N.E.2d at 829. child; 2) the date of death; 3) whether the judge determines by supporting evidence Although child protective proceedings child was in foster care or in the home of that exclusion from a family court pro- also are presumptively open, New York the child’s parent or guardian at the time ceeding is warranted in that case because courts have noted a concern for the physi- of death; and 4) whether an investigation of factors designated in the rule. Among cal, mental and emotional well-being of is being conducted by the department. If the factors governing the court’s exercise children as a basis for distinguishing access an investigation is being conducted, then of its discretion are the nature of the pro- issues in such dependency cases from those a request for information beyond that ceeding, the privacy interests of the indi- that arise in the context of delinquency pro- listed above will be answered with a state- viduals involved, the need to protect liti- ceedings. N.Y. Fam. Ct. Act §§ 1011, 1043. ment that a report is under investigation. gants, namely children, from harm and the For example, a state appellate court held If it is determined after completion of a unavailability or inappropriateness of less that in an abuse and neglect proceeding child abuse or neglect investigation into a restrictive alternatives to exclusion. N.Y. involving parents charged with murder- child’s death that abuse or neglect caused Fam. Ct. R. 205.4. In 1997, the same year ing their 6-year-old child, the family court the fatality, the following documents will these rules were revised to provide greater erred in opening the proceedings to the be released upon request: 1) a summary public access, the family court allowed two public “in light of the extraordinarily sensi- of the department’s investigation; 2) a law news reporters to sit inconspicuously in tive and personal nature of the information enforcement investigation report if it is in the rear of the room during a hearing on that will be addressed . . . coupled with the the department’s possession; and 3) a med- charges that Malcolm Shabazz set a fire strong evidence presented that publication ical examiner’s report if it is in the depart- resulting in the death of his grandmother of this information would be harmful to the ment’s possession. Prior to releasing any Betty Shabazz, the widow of Malcolm X. [surviving] children and the impossibility of these documents, however, department Citing the value of openness and applying of protecting the children’s right to privacy officials, after consulting with the district constitutional standards, the court found due to the previous disclosure of the chil- attorney, will redact: 1) information that that the juvenile failed to demonstrate an dren’s identities.” Matter of Ruben R., 641 would, in the opinion of the district attor- overriding interest establishing that clo- N.Y.S.2d 621, 629 (N.Y. App. Div. 1996); ney, jeopardize a criminal investigation sure of the hearing was essential to pre- see also In re A.H., No. NN-2734-06, 2007 or proceeding; 2) identifying information serve higher values. “The public, as rep- WL 2331882, at *2 (N.Y. Fam. Ct. Aug. related to a reporting party or any other resented by the press, has a right to know 8, 2007) (denying access to child protective party providing information; and 3) infor- that the Court is meeting its responsibility hearing to protect children’s privacy and mation that is privileged, confidential or toward the community,” the court said. avoid psychological harm); In re S./B./B./R. not subject to disclosure under federal Matter of Application for News Media Cover- Children, 34 Media L. Rep. (BNA) 2147, or state law. Once these documents have age in the Matter of M.S., 662 N.Y.S.2d 207, 2152 (N.Y. Fam. Ct. 2006) (denying access been released, department officials may 209 (N.Y. Fam. Ct. 1997); see also Capital to child protective proceedings because comment on the case within the scope of Newspapers Div. v. Moynihan, 519 N.E.2d public attention would be detrimental to the released materials. Id. § 32A-4-33.1. 825, 830 (N.Y. 1988) (involving youthful children’s mental health and welfare and Restrictions on coverage: New Mexico offenders who could not overcome the suggesting instead that the media cover law allows victims who are 15 years old or presumption of openness of their sentenc- “the hundreds of truly ‘anonymous’ child younger to testify about sexual offenses ing proceedings); Matter of Chase, 446 protective cases filed each year”). Yet other outside the presence of the defendant via N.Y.S.2d 1000, 1009 (N.Y. Fam. Ct. 1982) New York courts have recognized that the video-recorded testimony. The statute (involving juvenile who failed to overcome strong presumption of public access to does not specify whether the media and the presumption of openness of fact- court proceedings extends to those before public may remain in the courtroom dur- finding trial in a delinquency proceeding). the family court. The state appellate court ing this testimony. Id. § 30-9-17. Pursuant However, another family court denied the noted that “public access to court proceed- to the state Supreme Court’s rules gov- news media access to a fact-finding hearing ings is strongly favored, both as a mat- erning the broadcasting, recording and to determine whether a 9-year-old com- ter of constitutional law and as statutory photographing of court proceedings, the mitted acts that would have been criminal imperative.” Anonymous v. Anonymous, 550 judge has the discretion to prohibit such if committed by an adult. The court’s rul- N.Y.S.2d 704, 705 (N.Y. App. Div. 1990). coverage of juveniles. N.M Sup. Ct. R. ing was based on the extreme youth of the Last December, the chief administrative 23-107. juvenile, his attorney’s objection to public judge of the New York courts issued “gen- access and the court’s inability, if it granted eral guidelines to help ensure public access New York access, to shield the juvenile and his fam- to Family Court proceedings” — a move Delinquency and dependency proceed- ily from public identification in connection prompted by a Nov. 18, 2011, New York ings: The state Family Court Act presum- with any damaging or sensitive facts that Times article reporting routine and regular ably permits the general public to attend may have been revealed at trial. Matter of violations of the public’s right of access to juvenile court proceedings in New York. Robert M., 439 N.Y.S.2d 986, 990 (N.Y. family court proceedings. Memorandum Because the statute states that the general Fam. Ct. 1981). from the Hon. A. Gail Prudenti to New public may be excluded, the assumption This rule allowing closure in certain cir- York administrative judges (Dec. 19, 2011), is that the public and media are allowed cumstances does not apply, however, to available at http://www.rcfp.org/sites/ to attend and that an affirmative act by juveniles charged with felonies. N.Y. Crim. default/files/docs/20111221_061013_ny_ the court is required to exclude the pub- Proc. Law § 720.15. Interpreting this stat- guidelines.pdf. According to the article, lic. N.Y. Fam. Ct. Act § 741 (McKinney ute, the state’s highest appellate court held a reporter “tried to enter 40 courtrooms 2012). Implementing this statute, the Uni- that sentencing proceedings for youthful [during one week] in [New York City’s] five form Rules for the Family Court explicitly offenders are presumptively open to the Family Courts as a member of the public provide that the public, including the news media and public and cannot be closed or a civic group monitoring the courts media, has access to proceedings before simply because juveniles are involved. would. Entry was permitted to only five of

26 The Reporters Committee for Freedom of the Press the courtrooms . . . a closing rate of nearly voluntary, public disclosure concerning Dist., 770 N.Y.S.2d 847, 850—51 (N.Y. 90 percent.” The reporter encountered the report; or 4) the child named in the Sup. Ct. 2003). “antagonistic” court officials and officers, abuse or maltreatment report died or the Restrictions on coverage: New York several of whom cited “court policy” as the report involves the near death of a child. law allows child victims and witnesses 14 rationale for barring public access. One Information released under this criteria years old or younger to testify about sexual judge called the reporter to the bench and may include, among other facts, the name offenses outside the presence of the defen- told him he had to present his credentials and age of the abused or maltreated child dant via closed-circuit television. Unless to the court clerk on another floor, and in and the identification of child protective the courtroom has been closed pursuant another instance, the chief court clerk told or other services provided or actions taken to a court order, the public may hear the the journalist he had to answer the clerk’s regarding the child named in the report testimony and view the image of the child questions before gaining access. William and the child’s family in response to the witness as it is broadcast in the courtroom. Glaberson, New York Family Courts Say report. The disclosure of such information N.Y. Crim. Proc. Law §§ 65.00—.30. In Keep Out, Despite Order, N.Y. Times, Nov. is limited, however, when the investigation addition, the state’s highest appellate court 18, 2011, at A1. into the report of abuse or maltreatment is held that a trial court did not abuse its dis- In addition to reiterating the procedure ongoing; nor may the disclosed information cretion when it excluded the media and for barring public access, the guidelines identify the source of the report or other public from a pretrial suppression hearing state that court staff, “in a respectful man- members of the child’s household who are in the murder prosecution of a 13-year-old ner,” may ask each person who wants to not the subject of the report. When decid- and instead granted the media access to a observe a proceeding if he or she is a party, ing whether disclosure would be contrary redacted transcript of the hearing. Because witness or otherwise associated with a to the best interests of the child or others, that transcript excluded matters ruled specific case scheduled to be heard. Court- the commissioner will consider the privacy inadmissible during the closed suppression room staff will inform the judge of the of the child and the child’s family and the hearing, the defendant’s interest in a fair presence of a member of the news media effects disclosure may have on efforts to trial was no longer in jeopardy. Merola v. or general public and advise whether that reunite and provide services to the family. Bell, 393 N.E.2d 1038, 1039 (N.Y. 1979). individual has any role in the matter. When N.Y. Soc. Serv. Law § 422-a. Interpreting that case is called, the judge may notify the this statute, a New York trial court held North Carolina litigants that an outside party is in atten- that county social services records relating Delinquency proceedings: All juvenile dance and ask if they have any objections. to a family, the father of which was con- delinquency hearings are open to the public The memo also notes that a person who victed of murder in connection with a fire in North Carolina unless the court closes wishes to observe the proceeding will be that killed his children, should be released or partially closes the hearing by request allowed to sit in the courtroom subject to under the state open records law where the of a party involved or on its own for good capacity limitations. Memorandum from county commissioner had determined that cause. In deciding whether good cause the Hon. A. Gail Prudenti. disclosure was in the public interest, he exists to close or partially close a delin- Delinquency and dependency records: gave no specific reasons for nondisclosure, quency hearing, the court will consider: 1) The records of any proceeding in fam- much of the information had already been the nature of the allegations; 2) the age and ily court are not open to “indiscriminate” released through the criminal proceed- maturity of the juvenile; 3) the benefit to public inspection. But the court may in the ings and there were no surviving children the juvenile of confidentiality; 4) the ben- exercise of its discretion allow the inspec- whose best interests had to be considered. efit to the public of an open hearing; and tion of any papers or records in any case. Gannett Co., Inc. v. County of Ontario, 661 5) the extent to which the confidentiality N.Y. Fam. Ct. Act § 166. However, in cases N.Y.S.2d 920, 921 (N.Y. Sup. Ct. 1997). of the juvenile’s court file will be compro- involving child abuse or maltreatment, In addition, civil or criminal court mised by an open hearing. The court may information about the abuse or maltreat- records relating to juveniles may be sealed not close or partially close a hearing if the ment and investigation into and services in certain circumstances. A state trial court juvenile requests that it remain open. N.C. related to may be publicly disclosed if a denied motions to seal records in a civil Gen. Stat. Ann. § 7B-2402 (West 2011). state or local commissioner of social ser- lawsuit brought against a school district by Interpreting this statute, a court held that vices determines that such disclosure is not the parents of students allegedly sexually the detention and probable cause hear- contrary to the best interests of the child, abused and held that where the identities ings in the case of a 15-year-old juvenile the child’s siblings or other children in the of the alleged offenders had already been charged with the murder of an 8-year-old house and any of the following factors is published and the identities of the alleged boy would remain open. The court found present: 1) the subject of the abuse or mal- victims were known to the media, the mere that no good cause existed to close the pro- treatment report has been charged with fact that embarrassing allegations might ceedings because the juvenile was at the committing a crime related to a report be made against the school district was uppermost age for being tried as a juvenile, maintained in the statewide central regis- an insufficient showing of good cause to the media would continue to cover the case ter; 2) a law enforcement agency or official, outweigh the presumption against sealing even if the proceedings were closed and the a district attorney, any other state or local court records. In such cases, the media’s juvenile’s file would remain confidential. investigative agency or official or a judge First Amendment right to report and the In re Juvenile Charged, 30 Media L. Rep. publicly disclosed in a report required to public’s right to be informed of allegations (BNA) 2245 (N.C. County Ct. 2002). be disclosed in the course of their official of sex crimes contained in court records Dependency proceedings: The court duties the investigation into the child abuse outweighed the confidentiality interests may close or partially close abuse, neglect or maltreatment by the local child protec- of the parties. But the court did order that and dependency proceedings to the pub- tive service or the provision of services by pseudonyms of the alleged victims be used lic. In making that decision, the court will such service; 3) an individual named as in all court documents and that any docu- consider: 1) the nature of the allegations; 2) the subject of a child abuse or maltreat- ments using their real names be redacted. the age and maturity of the juvenile; 3) the ment report previously made a knowing, Doe v. Bellmore-Merrick Cent. High Sch. benefit to the juvenile of confidentiality;

Minors making news: access to juvenile courts 27 and 4) the benefit to the public of an open court, the defendant and those involved in a legitimate interest in the case or in the hearing. The court may not close or par- the trial may remain in the courtroom dur- work of the court. But general information tially close a hearing if the juvenile requests ing this testimony, but courts have allowed that does not identify any juvenile, witness that it remain open. Id. § 7B-801. the media to do so as well. Bell v. Jarvis, or victim in a proceeding is open to the Delinquency and dependency records: 236 F.3d 149 (4th Cir. 2000); State v. Yoes, public by request. Also, delinquency files in In juvenile delinquency proceedings, all 157 S.E.2d 386 (N.C. 1967). Before the the court clerk’s office are open for public records are withheld from public inspec- court may close the courtroom, however, it inspection if the related hearing was open tion any may be examined only by court must determine if the party seeking closure to the public. Id. § 27-20-51. order. Id. §§ 7B-2901, 7B-3000. Disclosure has advanced an overriding interest that is Law enforcement records are not open of identifying information about a juvenile likely to be prejudiced. If so, the court must to public inspection unless the juvenile under investigation for an alleged delin- consider reasonable alternatives to closure is charged as an adult, national security quent act is prohibited, but the media’s and make on-the-record findings adequate requires disclosure or the court orders right to identify and publish the photo- to support the closure. Finally, the closure disclosure in the interest of the juvenile. graph of a juvenile charged with arson and must be no broader than necessary to pro- But non-identifying general information murder is not outweighed by the minor’s tect the interest identified.State v. Jenkins, may be released. Id. § 27-20-52. In order interest in confidentiality when the infor- 445 S.E.2d 622, 625 (N.C. Ct. App. 1994). to apprehend a juvenile who is alleged to mation is lawfully obtained. In the Matter Court rules governing media coverage of have committed a delinquent act involving of a Minor Charged in This Proceeding, 463 public judicial proceedings prohibit the actual or the threat of serious bodily injury S.E.2d 72, 72 (N.C. 1995). The publica- recording and photographing of minors. that would constitute a felony if committed tion of photographs of runaway juveniles N.C. R. 15. by an adult or has escaped from a juvenile is permitted with the permission of the facility, the juvenile’s name, photograph, juveniles’ parents, and specific information North Dakota fingerprints or other identifying informa- designated by statute, including the juve- Delinquency and dependency proceed- tion may be publicly released. Id. § 27-20- nile’s photograph, will be publicly released ings: The public is generally excluded 51.1. within 24 hours of a juvenile’s escape from from juvenile court proceedings in North Restrictions on coverage: North Dakota custody. Id. §§ 7B-3100, 7B-3102. Dakota. However, hearings to declare a law does not restrict public access to court A public agency must publicly disclose person in contempt of court are open. proceedings during the testimony of minor upon request the findings and informa- Also open to the public are transfer hear- witnesses. But the state Supreme Court tion related to a child fatality or near fatal- ings in which the court is considering a held that a defendant’s constitutional right ity caused by suspected abuse, neglect or petition alleging that a juvenile who is to a public trial was not violated by the mistreatment if: 1) a person is criminally 14 years old or older committed a delin- trial court’s partial closure of his murder charged with causing the child fatality or quent act involving the offense of murder, and aggravated assault trial during the near fatality; or 2) the district attorney has attempted murder, gross sexual imposi- testimony of a 15-year-old prosecution certified that a person would be charged tion or attempted gross sexual imposition witness. The record indicated that the trial with causing the child fatality or near fatal- by force or the threat of imminent death, judge weighed the competing interests of ity but for that person’s prior death. The serious bodily injury or kidnapping or the the defendant and public, held three hear- agency may refuse to disclose the informa- manufacture, delivery or possession with ings on the closure request and delayed tion, however, if it has a reasonable belief the intent to manufacture or deliver a ruling until the media could be heard. The that release of the information: 1) is not controlled substance. Transfer hearings in high court affirmed the trial court’s find- authorized by this statute; 2) is likely to which a juvenile has the burden of showing ing that the witness’ hesitation to testify cause mental or physical harm or danger that he or she is amenable to treatment or due to extensive media coverage of the to a minor child living in the deceased or rehabilitation as a juvenile through avail- case and allegations of possible street- injured child’s household; 3) is likely to able programs also are open. These cases gang repercussions provided a substantial jeopardize the state’s ability to prosecute involve alleged delinquent acts involving reason for the closure, especially since the the defendant; 4) is likely to jeopardize the the offense of manslaughter, aggravated court allowed members of the media and defendant’s right to a fair trial; 5) is likely assault, robbery, arson involving an inhab- the defendant’s immediate family, as well to undermine an ongoing or future crimi- ited structure or escape involving the use as the victim to remain in the courtroom nal investigation; or 6) is not authorized by of a firearm, destructive device or other during the testimony. State v. Garcia, 561 federal law and regulations. If the request dangerous weapon or cases where the N.W.2d 599, 605—06 (N.D. 1997). Court for such information is denied, an appeal alleged delinquent act involves an offense rules governing media coverage of court may be filed with the appropriate superior that would be a felony if committed by an proceedings prohibit recording or photo- court for an order compelling disclosure of adult and the child previously has been graphing a juvenile victim or witness in a the findings and information of the public adjudicated delinquent at least twice for proceeding in which illegal sexual activity agency. Legal actions brought under this offenses that would be felonies if commit- is an element of the evidence. N.D. Sup. statute will be scheduled for an immediate ted by an adult. The general public must Ct. Admin. R. 21. hearing, and subsequent proceedings in the be excluded from all other delinquency and action will receive priority by the appellate dependency hearings, although the court Ohio courts. N.C. Gen. Stat. Ann. § 7B-2902. may allow people with a proper interest Delinquency and dependency proceed- Restrictions on coverage: North Carolina in the proceedings to attend. N.D. Cent. ings: Juvenile court proceedings are nei- law allows a trial court to close the court- Code § 27-20-24 (2011). ther presumptively open nor presump- room during the testimony of a victim Delinquency and dependency records: tively closed in Ohio. A juvenile court can regardless of age in a case involving a sex- All juvenile court records are confiden- restrict public access to the proceedings if, ual offense. N.C. Gen. Stat. Ann. § 15-166. tial and open to inspection only by court after a hearing, it finds there is a reason- Under the statute, only officers of the order to people the judge deems to have able and substantial basis for believing

28 The Reporters Committee for Freedom of the Press that public access could harm the child or that such gag orders restrict the media’s is no prohibition on photographing or endanger the fairness of the adjudication, access to juvenile court proceedings and recording the juvenile. Ohio Ct. R. 12. the potential harm to the child outweighs impose an unconstitutional prior restraint the benefits of public access and there are on publication. Oklahoma no reasonable alternatives to closure. In re Delinquency and dependency records: Delinquency proceedings: Juvenile delin- T.R., 556 N.E.2d 439, 451 (Ohio 1990). In general, juvenile court records are not quency proceedings are held in private in Before excluding the media and public open for public inspection in Ohio. How- Oklahoma unless the court specifically from a juvenile court proceeding, the court ever, there is an exception for certain juve- orders that they be conducted in public. must conduct an evidentiary hearing to nile records that are relevant to the state in But hearings related to the second or sub- determine under the In re T.R. standard prosecuting the juvenile as an adult. More- sequent delinquency adjudication of a child whether the proceeding should be closed. over, some juvenile court judges allow are public, although the court still may, by State ex rel. Plain Dealer Publ’g Co. v. Floyd, access to juvenile court records, especially request of a party or on its own, for good 855 N.E.2d 35, 42 (Ohio 2006). In In re when the juvenile court proceedings are cause order that specific testimony or evi- T.R., the Ohio Supreme Court stated that open to the public. Records in those cases dence be heard in private. In this context, the public may have an interest in juvenile where a juvenile has been adjudicated good cause means a showing that it would delinquency proceedings analogous to its delinquent for committing certain serious be substantially harmful to the mental or interest in criminal proceedings, which felonies, including aggravated murder, may physical well-being of the child is such are presumptively open. Applying this not be sealed. However, some informa- testimony or evidence were presented at a language, a trial court held that the public tion in those court documents, including public hearing. Okla. Stat. Ann. tit. 10A, § does have such an interest, and “the closer identifying information about the alleged 2-2-402 (West 2012). the alleged delinquent is to the age of 18, juvenile offender’s victim and any written Dependency proceedings: A proceeding the greater is the public’s interest in access statement he or she submitted to the court to determine whether a child is deprived to the proceedings. Moreover, the public’s for its consideration in imposing the sen- and whether parental rights should be ter- interest is accentuated when the alleged tence, may remain confidential. The tran- minated is generally held in private unless delinquent is the subject of a pending script of a juvenile court proceeding may the court specifically orders that it be con- motion to transfer to General Division for be released where there is no evidence of a ducted in public. Id. § 1-4-503. prosecution as an adult, because, at such reasonable and substantial basis for believ- Delinquency records: Delinquency time, the gap between the juvenile court ing that public access to the transcript records are confidential and not available and the General Division is at its narrow- could harm the child involved or endanger for public inspection without a court order est.” Thus, the court held that the public the fairness of the adjudication, or that any entered after the court determines that a has a First Amendment-based right of potential harm outweighs the benefits of compelling reason for inspection, release access to transfer hearings — an interest public access. State ex rel. Scripps Howard or disclosure of the confidential records that “must be weighed against the unique Broad. Co. v. Cuyahoga County, 652 N.E.2d exists and such disclosure is necessary for confidentiality concerns of the child, which 179, 182—83 (Ohio 1995). Records and the protection of a legitimate public or exist in all juvenile court proceedings.” In reports compiled by state agencies in rela- private interest. But several exceptions re N.H., 626 N.E.2d 697, 703 (Ohio Ct. tion to an allegation of child sexual abuse exist, and this general rule of confidential- C.P. 1992); see also State ex rel. Plain Dealer are confidential and privileged, but permis- ity does not apply to juvenile court and law Publ’g Co. v. Geauga County Court of Com- sion to view the records may be granted for enforcement records in delinquency cases, mon Pleas, 734 N.E.2d 1214, 1219 (Ohio good cause, an analysis that incorporates among others, where: 1) a juvenile is tried 2000); Ohio v. Evans, 26 Media L. Rep. the concept of the best interest of the child. as an adult for a serious criminal offense; (BNA) 1735, 1736 (Ohio Ct. C.P. 1997). In re Henderson, No. 96-L-068, 1997 WL 2) a juvenile who is 14 years old or older The issue of public access to Ohio juve- 752633, at *3 (Ohio Ct. App. 1997). who previously has been adjudicated delin- nile courts garnered national attention in Restrictions on coverage: Ohio law allows quent comes before the court on a new February 2012, when high school sopho- victims who were 10 years old or younger delinquency matter; and 3) a juvenile has more T.J. Lane allegedly gunned down when the defendant was charged to testify been adjudicated delinquent for commit- three students at Chardon High School about sexual offenses outside the presence ting an act that would be a felony if com- and wounded two others. The 17-year- of the defendant via video-recorded tes- mitted by an adult. In addition, the name old was charged with aggravated murder, timony or closed-circuit television. The and description of a delinquent child who attempted aggravated murder and feloni- statute does not specify whether the media has escaped or run away from an institu- ous assault in juvenile court. A juvenile and public may remain in the courtroom tion may be publicly released as necessary judge issued a gag order preventing the during this testimony. Ohio Rev. Code and appropriate for the protection of the accused shooter and lawyers from speaking Ann. § 2907.41 (West 2011). public and apprehension of the juvenile. with the media, though some interviews Cameras: Ohio is one of just a few states Id. § 2-6-102. Interpreting this statute, the had been granted prior to the order. The that allow cameras and recording devices state Supreme Court found that an adult order also prohibited the media from pho- in juvenile courts, provided a victim or defendant’s juvenile court and law enforce- tographing Lane’s face or his family mem- witness does not object to their presence. ment records, which were exempt from bers in court. Although the judge rescinded Members of the news media who wish the general confidentiality requirements that order shortly after its imposition, juve- to photograph proceedings in a juvenile applicable to juvenile court records, were nile court judges may impose gag orders case must file a written request with the not automatically open to the newspaper on participants in cases provided they are presiding judge, who, after consultation that requested them but were subject to the not overbroad and the interests underly- with the news organizations, will specify procedural provisions of the statute man- ing them are balanced against those of the place in the courtroom from which dating judicial review and approval prior to the media and public. Some juvenile court photographs and recordings may be made. their release. World Publ’g Co. v. Miller, 32 judges have reacted favorably to arguments If the media’s request is granted, there P.3d 829, 833 (Okla. 2001).

Minors making news: access to juvenile courts 29 Dependency records: Dependency down as invalid — under the state consti- the work of the court may be admitted. 42 records are confidential and not avail- tutional provision that “no court shall be Pa. Cons. Stat. Ann. § 6336 (West 2012). In able for public inspection without a court secret, but justice shall be administered, February, a state appellate court affirmed order. Okla. Stat. Ann. tit. 10A, § 1-6-102. openly”— a statute that allowed judges to a juvenile court order closing the delin- But when a person responsible for a child exclude the press and public from juvenile quency proceeding of a then-11-year-old has been charged with committing a crime court proceedings. Or. Const. art. I, § 10; boy charged with killing his father’s preg- resulting in the death or near death of the State ex rel. Oregonian Publ’g Co. v. Deiz, nant fiancée and her unborn son because child, there is a presumption that the best 613 P.2d 23, 27 (Or. 1980). the government’s interest in protecting interest of the public is served by public Delinquency and dependency records: In the privacy of the juvenile outweighed the disclosure of certain information related general, records of juvenile court proceed- public’s right of access to the proceeding. to the investigation of the death or near ings are not publicly available. However, Three western Pennsylvania newspapers death and any other investigations con- limited information may be disclosed, challenged the order, unsuccessfully argu- cerning that child or other children living including: 1) the name and date of birth ing that because the juvenile was originally in the house. This information, released by of the child; 2) the basis for the juvenile arrested and charged as an adult, the media state officials seven days after the person court’s jurisdiction over the child; 3) the and public previously had extensive access is charged, includes a summary of previ- date, time and place or any juvenile court to information about the case, resulting in ous reports of child abuse or neglect of proceeding in which the child is involved; widespread public exposure that eliminated the victim or other children living in the 4) in delinquency cases, the alleged delin- the juvenile’s privacy interest. “Indeed, house, the dates and outcomes of such quent act and portion of the order provid- although circumstances surrounding the investigations, actions taken by the state ing for the legal disposition of the child alleged delinquent act have been presented Department of Human Services or district offender; and 5) the names and addresses to the public due to proceedings in criminal attorney in response and specific recom- of the child’s parents. Or. Rev. Stat. Ann. court, it is still unknown what additional mendations made and services rendered § 419A.255 (West 2012). In addition, the facts and evidence yet unrevealed would by the agency in a pending case involving Department of Human Services must dis- be offered at the upcoming juvenile pro- the victim if reports containing that infor- close information related to the agency’s ceedings,” the court said, also concluding mation have been submitted to the court. activities and responsibilities in a case that there were no less restrictive means But this information will not identify any where child abuse or neglect resulted in a other than total closure of the proceeding reporter of child abuse or neglect, the child child death or near death or where an adult to protect the minor’s privacy. In re J.B., 39 victim’s siblings or other children living has been charged with a crime related to A.3d 421, 433—34 (Pa. Super. Ct. 2012). in the house or any other member of the child abuse or neglect. Id. § 409.225. Applying similar logic to a juvenile depen- household other than the person charged. Restrictions on coverage: Oregon law dency case, a court upheld a lower court’s Id. § 1-6-105. allows victims 11 years old or younger denial of the media’s motion to open the Restrictions on coverage: Oklahoma and those with a developmental disability proceedings, stating that even though the law allows child witnesses 12 years old or regardless of age to testify about child or minors’ identities had been revealed in younger to testify in a criminal or non- sexual abuse outside the presence of the news reports after their sister’s murder, criminal proceeding by an alternative defendant via closed-circuit television if the fact that they received some publicity method to in-court testimony. The statute the court finds that there is a substan- increased their need for privacy because does not specify whether the media and tial likelihood that the witness will suffer more exposure would further embarrass public may be present when this testimony severe emotional or psychological harm by and stigmatize them. In re M.B., 819 A.2d is given via the alternative method, which testifying in open court. Only the judge, 59, 64 (Pa. Super. Ct. 2003). also is not specified in the law.Id. tit. 12, §§ the parties and their attorneys, individuals Delinquency and dependency records: 2611.4, 2611.6. Closing a trial to the media necessary to operate the equipment and The contents of juvenile court records and general public during the testimony of anyone the court finds would contribute to may not be publicly disclosed except in 13-, 14- and 15-year-old sexual offense the welfare and well-being of the witness the following cases: 1) the child has been victims was a narrowly tailored means may be present during this testimony. Id. adjudicated delinquent for an act com- of accommodating the state’s interest in § 40.460(24). mitted when the child was 14 years old or safeguarding the physical and psychologi- older and the conduct would be considered cal well-being of minor victims and suffi- Pennsylvania a felony if committed by an adult or for ciently protected the defendant’s right to a Delinquency and dependency proceed- a serious felony where the child was 12 public trial. Reeves v. State, 818 P.2d 495, ings: Members of the public generally are or 13 years old; and 2) a petition alleging 498—99 (Okla. Crim. App. 1991). Davis excluded from juvenile court proceedings delinquency has been filed and the child v. State, 728 P.2d 846, 848 (Okla. Crim. in Pennsylvania. The general public may previously has been adjudicated delinquent App. 1986) (involving partial closure of not be excluded, however, from delin- for an offense listed in number 1 above. the courtroom during the testimony of a quency proceedings involving a minor 14 In such cases, the name, age and address 16-year-old sexual assault victim). years old or older who allegedly committed of the child, as well as the offense charged any act that would be a felony if commit- and disposition of the case will be released. Oregon ted by an adult and those where a minor 42 Pa. Cons. Stat. Ann. § 6307. Delinquency and dependency proceed- 12 years old or older allegedly committed Law enforcement records are not open ings: Because of the robust access provi- a serious felony such as murder, voluntary to public inspection unless the juvenile sions provided by the Oregon Constitu- manslaughter, kidnapping or others desig- is charged as an adult, national security tion, juvenile proceedings are open to the nated by statute. Judges have the discretion requires disclosure or by court order. public and the media. In a case alleging to close delinquency proceedings involving Police records also are available for public that a 13-year-old girl drowned a younger younger minors, although individuals with inspection in the same cases in which court child, the Oregon Supreme Court struck a proper interest in the proceeding or in records are open as described above. As

30 The Reporters Committee for Freedom of the Press with court records, only the name, age and near fatality. Id. § 42-72-8. closed detention hearings in the case of a address of the child, as well as the offense Restrictions on coverage: Rhode Island 15-year-old charged with murdering his charged and disposition of the case will be law allows victims 17 years old or younger father and stepmother. The family court’s released. Law enforcement records and to testify in sexual assault trials outside findings that publicity would affect the files contained in the Pennsylvania State the presence of the defendant via video- juvenile’s right to a fair trial and make him Police registry may be disclosed only in recorded testimony or closed-circuit “anxious,” along with its conclusion that certain circumstances involving juveniles television. The statute does not specify confidential information about the juve- who are 14 years old or older and charged whether the media and public may remain nile’s psychiatric status would be revealed with a firearms offense specified by statute. in the courtroom when this testimony is in the hearing, did not justify closure of the Id. § 6308. broadcast there. Id. § 11-37-13.2. In addi- proceeding because a probability of preju- Restrictions on coverage: Pennsylvania tion, the state Supreme Court held that dice from publicity is insubstantial where law allows victims and material witnesses the protection of minor victims of sexual extensive details about the defendant and 15 years old or younger to testify in any crimes from further trauma and embar- the crimes with which he was charged prosecution outside the presence of the rassment was a compelling state interest already had been publicly disclosed by the defendant via video-recorded testimony or that justified redaction of court records in media. Second, a reasonable alternative to simultaneous electronic transmission. The such criminal cases. But the trial court’s closure would be a private hearing in the statute does not specify whether the media blanket sealing of all records in child sex- judge’s chambers during the presentation and public may remain in the courtroom ual assault cases impermissibly restricted of confidential testimony. Finally, lessen- during this testimony. Id. §§ 5982, 5984.1, the public’s right of access to information ing a defendant’s “anxiety,” even a juve- 5985. about criminal prosecutions. The court nile’s, does not promote “a higher value directed the Superior Court to establish than protection of the public’s constitu- Rhode Island a “dual filing system” for a “confidential tional right of access.” Notably, the court Delinquency and dependency proceed- court file” and a “public file,” the latter also ruled that failing to challenge closure ings: Juvenile court proceedings are closed of which contains redacted documents in of hearings before they are held does not to the public in Rhode Island. R.I. Gen. which the victim’s name is either removed bar consideration of a subsequent request Laws § 14-1-30 (2011). The state Supreme entirely or substituted by a fictitious name. for access to the transcript of the proceed- Court held that excluding the media from Providence Journal Co. v. Rodgers, 711 A.2d ing. Ex parte The Island Packet, 417 S.E.2d juvenile court proceedings pursuant to the 1131, 1138—39 (R.I. 1998). 575, 577—78 (S.C. 1992). statutory provision allowing only those Delinquency records: Juvenile court and with a direct interest to attend was permis- South Carolina law enforcement records of delinquency sible. But barring from a proceeding mem- Delinquency and dependency proceed- proceedings are confidential and may bers of the media who had published the ings: Juvenile court hearings generally are not be publicly disclosed except to cer- name of a juvenile amounted to a penalty closed to the public in South Carolina, tain individuals designated by statute and for the publication of lawfully obtained and only those people whom the judge those with a court order. The court has information. In addition, a court order that deems to have a direct interest in the case the discretion to disclose the records to a conditioned access to other juvenile court or in the work of the court may be admit- person with a legitimate interest and to the proceedings on an advance agreement ted. S.C. Code Ann. § 63-3-590. Under extent necessary to respond to that inter- to not publish the names of the juveniles the state constitutional provision that “all est. In addition, the name, identity or pho- involved was impermissibly overbroad and courts shall be public,” the public and tograph of a juvenile offender or alleged an unconstitutional prior restraint on pub- likewise the media have a right of access offender may be provided to a newspaper lication. Edward A. Sherman Publ’g Co. v. to court proceedings subject to a balanc- or radio or television station in the fol- Goldberg, 443 A.2d 1252, 1257—58 (R.I. ing of interests with the parties involved. lowing instances: 1) the court authorized 1982). S.C. Const. art. I, § 9. This guarantee of the release; 2) the prosecutor has filed a Delinquency and dependency records: public access does not render unconsti- petition, or the child has been bound over Juvenile court and police records are not tutional the statute mandating exclusion to a court that would have jurisdiction, to available for public inspection except in of the general public from cases involv- try the offense if committed by an adult; delinquency proceedings where the juve- ing children. However, when challenged and 3) the child has been adjudicated nile is tried as an adult or certified for trial by the public or media, the decision of a delinquent in court for grand larceny of and convicted in the juvenile court. R.I. judge to close any proceeding must be sup- an automobile, drug distribution or traf- Gen. Laws § 14-1-64. This general rule ported by findings that explain the balanc- ficking or an offense involving a violent of confidentiality does not apply, how- ing of interests and the need for closure of crime or one in which a weapon was used. ever, to records of the state Department the proceeding. A conclusory statement S.C. Code Ann. § 63-19-2040. Also, fin- of Children, Youth and Families pertain- that opening the proceeding to the public gerprints and photographs of juvenile ing to children and their families in need would adversely affect a juvenile offender’s offenders and alleged juvenile offenders of service or for whom an application for chances of rehabilitation is not a sufficient may be “transmitted” to law enforce- services has been made when the director finding.Ex parte Columbia Newspapers, Inc., ment agencies or “another agency or of the department determines that there is 333 S.E.2d 337, 338 (S.C 1985) (involving person,” which presumably includes the a risk of physical self-injury by the person access to the transfer hearing of 15-year- media, to locate, identify or apprehend, or injury to others and disclosure of the old twin brothers charged with the murder or assist other agencies in their efforts to records is necessary to reduce that risk. of their mother). The state Supreme Court do so, juveniles who have escaped from The director also may disclose as he or likewise ruled that a family court’s findings the Department of Juvenile Justice or she deems necessary the findings or other were insufficient to justify closing a trans- are otherwise missing or in violation of a information about a case of child abuse or fer hearing and denying two newspapers’ court order mandating their presence at a neglect that resulted in a child fatality or requests for access to transcripts of two particular place. Id. § 63-19-2020.

Minors making news: access to juvenile courts 31 Dependency records: All papers and the child as the basis for its factual finding Social Services must release on request records pertaining to a termination of of necessity. State v. Bray, 535 S.E.2d 636, findings or information relating to acts of parental rights are confidential, and 640 (S.C. 2000). A criminal defendant’s child abuse or neglect that resulted in a court records may be unsealed only with right to face her accuser in court was not fatality or near fatality unless such release a court order for good cause. Id. § 63-7- violated when a trial judge found — based would jeopardize a pending criminal 2600. Likewise, in cases of child abuse on the child’s testimony and that of a investigation or proceeding. But the dis- or neglect, reports made and informa- child psychiatrist — that the alleged child closed information will not identify the tion collected and maintained by the sexual abuse victim was fearful of testify- child. Id. § 26-8A-13. state Department of Social Services and ing in front of the defendant and would be Restrictions on coverage: South Dakota the Central Registry of Child Abuse and traumatized and intimidated if required law allows a trial judge to close the court- Neglect are confidential and may not be to do so. Starnes v. State, 414 S.E.2d 582, room when a minor victim or witness is disclosed except to certain individuals and 583—84 (S.C. 1991). Neither the statute testifying about a sexual offense. Autho- agencies designated by statute. But the nor case law specifies whether the media rized representatives of the news media director of the state social services depart- and public may remain in the courtroom are included among those permitted to ment or the director’s designee may dis- when this testimony is broadcast there. remain in the courtroom during this tes- close to the media information contained timony unless the court determines that in child protective services records if the South Dakota the best interest of the minor warrants disclosure is limited to discussion of the Delinquency and dependency proceed- exclusion of the media. Id. § 23A-24-6. department’s activities in handling a case, ings: All juvenile court hearings gener- The law also allows victims and witnesses including information placed in the public ally are closed unless the court finds 11 years old or younger and those with a domain by other public officials, proceed- compelling reasons to open them. But developmental disability regardless of age ings in a criminal prosecution or other delinquency proceedings are open to the to testify about physical abuse or neglect, public judicial proceeding or the alleged public when juveniles 16 years old or sexual offenses or crimes of violence such perpetrator or his or her attorney. In this older are charged with an offense that as murder, robbery, aggravated assault or context, information is considered “placed would constitute a crime of violence such other serious felonies outside the pres- in the public domain” when it has been as murder, robbery, aggravated assault or ence of the defendant via closed-circuit reported in the news media, is contained other serious felony if committed by an television. The statute does not specify in public records of a court or criminal adult or with a drug offense outlined in whether the media and public may remain justice agency or has been the subject of specific statutes. S.D. Codified Laws § in the courtroom when this testimony is testimony in a public judicial proceed- 26-7A-36 (2011). Noting that “the legis- broadcast there. Id. §§ 26-8A-30, 26-8A- ing. The director or the designee also is lature did not intend to allow the media 31. Statutory rape victims 15 years old authorized to prepare and release reports or the general public open access to juve- or younger may testify outside the pres- of the results of the department’s investi- nile hearings,” the state Supreme Court ence of the defendant via video-recorded gations into the deaths of children in its rejected the argument of the Argus (Sioux testimony taken at a preliminary hearing custody or receiving child welfare services Falls) Leader that the nature of the alleged or deposition. This statute likewise does at the time of death. But any disclosed delinquent act — a minor’s fatal shoot- not specify whether the media and public information will not identify a reporter of ing of another minor — was a sufficiently may remain in the courtroom when this suspected child abuse or neglect and may compelling reason to open the juvenile’s testimony is broadcast during the trial. Id. not identify any other person named in a transfer hearing. “Argus cannot rest upon § 23A-12-9. record if the department finds that such its assumption that the criminal charge disclosure would be likely to endanger the alone carries the day. The mere fact that Tennessee life or safety of that person. Id. § 63-7- a juvenile was involved in a homicide, by Delinquency and dependency hear- 1990. itself, does not constitute ‘compelling ings: Juvenile delinquency proceedings Restrictions on coverage: South Caro- reasons’ for open hearings in this jurisdic- are open to “all persons who are properly lina law requires trial courts to “treat tion. There must be more evidence pro- concerned,” although the court has the sensitively” witnesses who are very young, duced than just the nature of the alleged discretion to exclude the general public elderly, handicapped or who have special offense,” the court said. Matter of M.C., from any juvenile proceeding and admit needs by using closed or taped sessions 527 N.W.2d 290, 294 (S.D. 1995). only those people with a direct interest in when appropriate. The prosecutor or Delinquency and dependency records: the case. Tenn. R. Juv. P. 27. But the state defense attorney must notify the court Identifying information about any child Supreme Court has held that the juvenile when a victim or witness deserves spe- in the juvenile court system generally court must not close proceedings to the cial consideration. Id. § 16-3-1550(E). may not be released without a court order media and public to any extent unless it Before permitting a child witness to tes- except to certain individuals and agen- determines that failure to do so would tify via closed-circuit television, however, cies designated by statute. S.D. Codified result in particularized prejudice to the the judge must first make a case-specific Laws § 26-7A-28. Also, police and agency party seeking closure that would over- determination that use of the procedure records of children generally are confi- ride the public’s compelling interest in is necessary to further the important state dential, but the records, including the open proceedings. If the court so finds, interest in protecting a minor child. The child’s name, may be publicly disclosed if its closure order must be no broader than judge must find that the child would be the child is being prosecuted as an adult, necessary to protect the interests of the traumatized, not by the courtroom gener- the child has been criminally convicted party who sought it. The court also must ally, but by the presence of the defendant, and a presentence investigation is being consider reasonable alternatives to clo- and should consider the testimony of an prepared or by court order. Id. § 26-7A- sure and make adequate written findings expert witness, parents or other relatives, 27. to support any order closing proceedings other concerned and relevant parties and In addition, the state Department of to the media or public. State v. James, 902

32 The Reporters Committee for Freedom of the Press S.W.2d 911, 914 (Tenn. 1995). Proceed- for a criminal offense as an adult. The release information about a child who has ings in child neglect and other depen- rules allow the judge as a matter of discre- been reported missing by a parent. A juve- dency cases are not open to the general tion and after a hearing to restrict media nile probation department also is autho- public. Tenn. R. Juv. P. 27. coverage of proceedings. Tenn. Sup. Ct. rized to release information without leave Delinquency and dependency records: R. 30. of the court pursuant to guidelines it has All files and records in juvenile court Cameras: Tennessee is one of only a few adopted. Id. §§ 58.005, 58.106. proceedings except cases of alleged traf- states that allow cameras and recording Dependency proceedings and records: fic violations are generally closed and may devices in juvenile courts. If the court Texas law does not specify whether the be inspected only by certain individuals receives a request for media coverage, it overwhelming majority of juvenile depen- and agencies designated by statute and will notify the parties and their counsel, dency proceedings and records are open by court order by those with a legitimate and prior to the beginning of the pro- in Texas, although it does state that hear- interest in the proceeding or in the work ceeding, the court will advise the accused, ings and records in cases involving certain of the court. Tenn. Code Ann. § 37-1-153 the parties and the witnesses that they abandoned children of whom the state (West 2012). The media’s interest in con- have a right to object and that consent, if takes emergency possession are closed. Id. fidential juvenile court records and files as given, must be in writing. Objections by § 262.308. But if the state Department of a source of potentially newsworthy infor- a witness in any juvenile proceeding will Family and Protective Services is inves- mation does not qualify as a legitimate restrict media coverage of only that per- tigating a case of child abuse or neglect interest. Tenn. Op. Att’y Gen. 00-128 son during the proceeding, but objections that results in the death of the child, the (2000). But petitions and court orders in by the accused in a delinquency case or state must release within five days of a delinquency proceedings may be publicly any party in a non-delinquency case will request the age and sex of the child, the disclosed in cases where juveniles 14 years prohibit coverage of the entire proceed- date of death and certain information old or older are charged with conduct that ing. As in criminal proceedings, pooled related to where the child was living and would constitute murder, aggravated rob- coverage is required, and the judge has the the state’s role at the time of death. If after bery, kidnapping or another statutorily discretion to restrict coverage of a hearing an investigation the department deter- designated serious crime if committed by or portions thereof, pursuant to the rules mines that the death was in fact caused an adult. Tenn. Code Ann. § 37-1-153. governing media coverage, which impose by abuse or neglect, it must “promptly” Law enforcement records likewise are further restrictions aimed at mitigating release on request additional facts, includ- confidential and may not be publicly the intrusiveness of the camera equip- ing, among others, a summary of previ- disclosed except when a juvenile is being ment. Tenn. Sup. Ct. R. 30. ous reports of abuse or neglect involving prosecuted as an adult, the interest of Texas that child or another child while living national security requires disclosure or by Delinquency proceedings: Juvenile with the same person and a description of court order in the interest of the child. Id. delinquency hearings for juveniles 14 any services provided to the child and the § 37-1-154. years old or older generally are open to the child’s family as a result. Information that In cases of child abuse or neglect, the public in Texas unless the court for good would identify the reporter of the abuse state Department of Children’s Services cause determines that the public should or neglect or anyone besides the child or may confirm whether a child abuse or be excluded. Hearings for juveniles 13 alleged perpetrator, as well as details that neglect investigation has been initiated years old or younger are closed unless the would jeopardize an ongoing investiga- but may not disclose any details about the court finds that the interests of the child tion or prosecution, endanger the life or case, including the name of the reporter, or of the public would be better served by safety of any individual or be confidential the alleged victim or alleged perpetrator. an open hearing. Tex. Fam. Code Ann. § under state or federal law will be redacted. Id. § 37-1-409. The department also must 54.08 (Vernon 2011). The state interme- If the department is unable to release the publicly release information about a case diate appellate court held that the juvenile information before the eleventh day after that results in a child fatality or near fatal- court did not err in allowing the media, it receives the request or the date the inves- ity. Id. § 37-5-107. but not the general public, to attend the tigation is over, whichever is later, it must Restrictions on coverage: Tennessee law transfer hearing of a juvenile charged inform the person requesting the informa- allows victims 12 years old or younger to with capital murder. R.A.G. v. State, 870 tion of the date it will release the materials. testify about sexual abuse in criminal or S.W.2d 79, 83 (Tex. App. 1993), judgment Id. § 261.203. civil proceedings via video-recorded tes- rev’d on other grounds, Matter of R.A.G., Restrictions on coverage: Texas law timony. The law does not specify whether 866 S.W.2d 199 (Tex. 1993). allows victims and witnesses 12 years old the media and public may remain in the Delinquency records: Juvenile delin- or younger to testify about serious felony courtroom when this testimony is broad- quency and law enforcement records are offenses such as murder, aggravated kid- cast there, although it does state that a confidential and may be inspected only napping and sexual performance by a child video recording of an alleged victim’s by certain individuals and agencies desig- outside the presence of the defendant via interview by a forensic interviewer used nated by statute and with leave of the court video-recorded testimony or closed-circuit in a criminal trial is subject to a protec- by those with a legitimate interest in the television. Tex. Code Crim. Proc. Ann. tive order of the court, is not to become proceeding or in the work of the court. Id. art. 38.071. However, the state’s highest a public record in any legal proceeding § 58.005. But certain identifying informa- appellate court for criminal cases last year and must be sealed after it has ended. Id. tion, including the child’s name, photo- held that the provision allowing the use of §§ 24-7-117, 24-7-123. In addition, the graph and a description of the conduct the child-abuse forensic interview statements state Supreme Court’s rules governing child is alleged to have committed, may be and videotapes violates the defendant’s media coverage of public judicial pro- publicly disclosed to help locate or appre- constitutional right to confront his or her ceedings prohibit recording, broadcasting hend certain juveniles for whom an arrest accuser unless the child testifies during the or photographing a person 17 years old or warrant has been issued, and the state and trial or the defendant had a prior oppor- younger unless the minor is being tried national Crime Information Centers may tunity to cross-examine the child. The

Minors making news: access to juvenile courts 33 court reiterated a prior ruling upholding adjudication or disposition orders and the ity does not apply to delinquency records the constitutionality of the use of closed- delinquency history summary of the juve- of juveniles who are prosecuted as adults circuit television, which “allow[s] for rigor- nile are open unless the court closes the or those that the court orders to be open in ous, contemporaneous cross-examination, records for good cause. The juvenile delin- the interests of the child. Id. § 5117. as well as any necessary objections to the quency adjudication or disposition orders Restrictions on coverage: Vermont law questions or answers given.” Coronado v. and the delinquency history summary of a allows victims 12 years old or younger State, 351 S.W.3d 315, 320 n.26, 325—26 juvenile charged as an adult with a felony and those who are mentally ill or men- (Tex. Crim. App. 2011). Thus, it is likely offense also are available for public inspec- tally impaired regardless of age to tes- this procedure will continued to be used, tion. Utah Code Ann. § 78A-6-209. tify about abuse, neglect, exploitation or but the statute authorizing it does not Restrictions on coverage: Utah law sexual offenses in a criminal or civil pro- specify whether the media and public may allows a trial judge to close the courtroom ceeding via video-recorded testimony or remain in the courtroom when this testi- during certain cases, mainly those involv- closed-circuit television. The law does not mony is broadcast there. Tex. Code Crim. ing sexual offenses. In such circumstances, specify whether the media and public may Proc. Ann. art. 38.071. only those people with a direct interest remain in the courtroom when this testi- in the proceeding, as well as jurors, wit- mony is broadcast there. Vt. R. Evid. 807. Utah nesses and court officers may remain in the Although court rules governing the record- Delinquency proceedings: Juvenile delin- courtroom. Neither the statute nor case ing of court proceedings do not specifically quency hearings involving minors 14 years law specifies whether the media qualify as restrict coverage of minors, the reporter’s old or older charged with a felony offense those with a direct interest in the proceed- note accompanying the rule suggests that if committed by an adult or a misdemeanor ing. Id. § 78A-2-208. Court rules also allow coverage may be inappropriate for cases in offense if committed by an adult and the victims and witnesses 13 years old and which the victim is a minor. The decision juvenile previously had been charged with younger to testify about child abuse and is left to the discretion of the trial judge to any offense are generally open to the pub- sexual offenses outside the presence of the evaluate on a case-by-case basis. Vt. R. Civ. lic unless the court for good cause finds defendant via video-recorded testimony or P. 79.2; Vt. R. Crim. P. 53. that the hearing should be closed. All other closed-circuit television. The rule does not delinquency cases are closed, and only specify whether the media and public may Virginia those with a direct interest in the case and remain in the courtroom when this testi- Delinquency and dependency proceed- those whose presence is requested by the mony is broadcast there. Utah R. Crim. ings: Juvenile court proceedings gener- parent or legal guardian may be admitted. P. 15.5. Finally, judicial rules governing ally are closed to the public in Virginia, Utah Code Ann. § 78A-6-114 (West 2011). media in the courtroom prohibit photo- although the court may admit people Dependency proceedings: Abuse, neglect graphing the face of a person known to the whom it deems proper. But delinquency and dependency proceedings are generally photographer to be a minor. Utah R. Jud. proceedings involving an adult charged open to the public. But the court by request Admin. 4-401. with a crime and a juvenile 14 years old or of a party or on its own may exclude a per- older charged with an offense that would son after finding that the person’s presence Vermont be a felony if committed by an adult are would be detrimental to the best interest of Delinquency and dependency proceed- not subject to this general rule of closure. the child involved, impair the fact-finding ings: The general public is excluded from For good cause, however, the court may on process or be otherwise contrary to the juvenile court proceedings in Vermont, request of the accused, the state attorney or interests of justice. Id. Earlier this month, although the court may admit people with on its own close the proceedings. If it does, a juvenile court judge in Salt Lake City a proper interest in the case or in the work the court must state in writing its reasons agreed with the attorneys for the parties of the court. Vt. Stat. Ann. tit. 33, § 5110 for closure, and the statement will be made that closing a hearing in the case of an (2012). Interpreting this statute, the state part of the public record. Also, in hear- 18-year-old asking the state to remove his Supreme Court found that the law imposes ings involving criminal charges or traffic siblings from their father’s home pending a mandatory closure rule in juvenile court offenses, the charged juvenile has the right a criminal investigation into the mysteri- proceedings and rejected a lower court to a public hearing if he or she so chooses. ous death of their mother was in the best holding that the statute violated the First Va. Code Ann. § 16.1-302 (West 2011). interest of the 18-year-old and his three Amendment. In re J.S., 438 A.2d 1125, Delinquency and dependency records: younger siblings. The judge also granted a 1129 (Vt. 1981). This holding was limited Juvenile court records are confidential and gag order in the case after a guardian ad to proceedings already in juvenile court. may be inspected only by certain individu- litem told him that media coverage of the Proceedings prior to transfer are presump- als and agencies designated by statute and case had caused the 16-, 13- and 11-year- tively open in Vermont, given the need to with court order by those with a legiti- old children difficulty in school. Dennis accommodate the First Amendment and mate interest in the case, the juvenile or Romboy, Gag Order Issued as Son of Dead the alleged juvenile delinquent’s confiden- the work of the court. But in delinquency Mother Asks State to Remove Siblings from tiality interests. In re K.F., 559 A.2d 663, cases where a juvenile 14 years old or older Father, The Deseret News, May 9, 2012. 664—65 (Vt. 1989) (holding that proceed- is adjudicated delinquent for an act that Delinquency and dependency records: ings against a juvenile charged with man- would be a felony if committed by an adult, Juvenile court records are closed to pub- slaughter would be confidential only after all court records regarding that adjudica- lic inspection except by certain individu- transfer to the juvenile court). tion are open to the public unless a hearing als and agencies designated by statute and Delinquency and dependency records: was closed and the judge has ordered that with consent of the judge those having a Juvenile court and law enforcement certain records of that proceeding remain legitimate interest in the proceedings. But records are confidential and not open to confidential to the extent necessary to pro- in cases involving minors 14 years old or public inspection except by certain indi- tect a juvenile victim or witness. Id. § 16.1- older and charged with a felony offense if viduals and agencies designated by statute. 305. Also, in cases where a juvenile 14 years committed by an adult, the petition, any However, this general rule of confidential- old or older is charged with a delinquent

34 The Reporters Committee for Freedom of the Press act that would be a serious criminal offense Code Ann. § 13.40.140 (West 2011). The Seattle Times Co. v. Benton, 661 P.2d 964, if committed by an adult such as a felony intermediate appellate court found that a 967, 969 (Wash. 1983). offense involving a weapon, a felony drug trial court abused its discretion in closing Restrictions on coverage: Washington offense or an act of violence, the judge may a transfer hearing without making specific law allows victims and witnesses 9 years publicly release the juvenile’s name and findings concerning how an open hearing old or younger to testify about physi- address “where consideration of the public would prejudice fair trial rights. The court cal abuse and sexual and violent offenses interest requires.” Id. § 16.1-309.1. held that the party seeking closure bears outside the presence of the defendant via Law enforcement records likewise are the burden of establishing particularized closed-circuit television. The statute does not open to public inspection except in prejudice that would override the public’s not specify whether the media and public cases where juveniles 14 years old or older compelling interest in open proceedings. may remain in the courtroom when this are charged with a violent juvenile felony The court also required that closure orders testimony is broadcast there, although it such as murder, robbery or rape. Id. § 16.1- supported by adequate written findings be does state that the videotape is subject to 301. Certain identifying information also no broader than necessary to protect the a protective order of the court to protect may be publicly released when an alleged competing interests and that the presiding the child witness. Wash. Rev. Code Ann. juvenile offender or juvenile offender judge consider alternatives to closure. State § 9A.44.150. A trial court order prohibit- escapes from law enforcement custody or a v. Loukaitis, 918 P.2d 535, 539—40 (Wash. ing the media from photographing minor secure facility. Id. § 16.1-309.1. A Virginia Ct. App. 1996). witnesses during a trial did not violate the trial court interpreted the statutes that Delinquency records: The official juve- court rule that open access to courtroom purport to seal the records of all children nile court file of an alleged or actual juve- photography and recording by members committed to the state Department of nile offender is open to public inspection. of the news media is presumed. The judge Corrections and other children whether And information not in an official juvenile made particularized findings that cam- delinquent or dependent to provide at least court file concerning a juvenile or a juve- eras might hinder the juvenile witnesses’ a limited right of public access to juvenile nile’s family may be publicly released only ability to testify given the sensitive sub- court records. The court held that only when the information could not reason- ject matter of their testimony and held a safeguarding the interest of the juvenile in ably be expected to identify the juvenile or special hearing to allow members of the rehabilitation could outweigh the right of the family. Identifying information about media to voice their concerns about the public access. In the case before it, in which minor victims of sexual assaults by juvenile ruling. State v. Russell, 172 P.3d 361, 364 the 17-year-old juvenile who was the sub- offenders is confidential and may not be (Wash. Ct. App. 2007). ject of the delinquency records at issue had publicly disclosed without permission of died, the court concluded that damage to the victim or the victim’s guardian. Wash. West Virginia his family and to the deceased child could Rev. Code Ann. § 13.50.050. Delinquency and dependency proceed- not justify maintaining the juvenile’s record Dependency proceedings: Juvenile ings: The public is generally excluded under seal. The interest of the family and dependency proceedings generally are from juvenile court proceedings in West child of the juvenile is no different than that closed to the public, although people Virginia, although the court may admit of the family or child of an adult offender with a direct interest in the case or in the people with a legitimate interest in the and thus does not outweigh the public’s work of the court may be admitted. Id. § proceedings. In delinquency hearings, right of access. In re Richmond Newspapers, 13.34.110 (West 2011). individuals whose presence is requested by Inc., 1988 WL 619412, at *5 (Va. Cir. Ct. Dependency records: Juvenile depen- the parties also may attend. W. Va. Code Dec. 15, 1988). dency records generally may be inspected Ann. § 49-5-2 (West 2012); W. Va. Child Restrictions on coverage: Virginia law only by certain individuals and agencies Abuse and Neglect Proceedings R. 6a. allows victims 14 years old or younger at designated by statute, including those Delinquency and dependency records: the time of the alleged offense and 16 years engaged in legitimate research for edu- All juvenile court records are confidential old or younger at the time of trial and wit- cational, scientific or public purposes on and may not be disclosed except to certain nesses 14 years old or younger at the time the condition that the anonymity of every individuals and agencies designated by of trial to testify in criminal proceedings person mentioned in the records or infor- statute. This presumption of confidenti- involving charges of kidnapping, sexual mation will be preserved. Id. § 13.50.010. ality does not apply, however, to records offenses and murder outside the presence A trial court abused its discretion when it in cases where the juvenile is being pros- of the defendant via closed-circuit televi- denied a newspaper reporter’s request for ecuted as an adult for a criminal offense sion. The statute does not specify whether access to delinquency and dependency and in certain cases where a court deter- the media and public may remain in the records because, according to the judge, mined that there was probable cause to courtroom when this testimony is broad- a newspaper did not constitute legitimate believe that the juvenile committed an cast there. Va. Code Ann. § 18.2-67.9. research and news media personnel could offense that would subject the juvenile Court rules governing the photographing not qualify as legitimate researchers — a to a transfer to a criminal jurisdiction but and broadcasting of criminal proceedings conclusion based on “untenable grounds,” the case nonetheless is not transferred. In explicitly prohibit coverage of minor wit- the state Supreme Court held. Adopt- these cases, the records are open to public nesses. Id. § 19.2-266. ing the dictionary definition of legitimate inspection pending trial only if the juve- research as “a studious inquiry or exami- nile is released on bond and no longer Washington nation within the purview of recognized detained or adjudicated delinquent of the Delinquency proceedings: The pre- principles or accepted rules and standards,” offense. Id. § 49-5-17. sumption is that all juvenile delinquency journalism — in this case, an examination In child abuse and neglect cases where a proceedings are open in Washington, and of the effects of the Juvenile Justice Act’s child dies or nearly dies, the state Depart- the public and media may attend unless policy of nonintervention in dependency ment of Health and Human Resources the court for good cause orders that a cases on abused children — may qualify as must publicly release information about particular hearing be closed. Wash. Rev. legitimate research, the court concluded. the fatality or near fatality. But the infor-

Minors making news: access to juvenile courts 35 mation will not identify a this testimony is broadcast person who reported or there, although it does state made a complaint of child that no one may inspect or abuse or neglect. copy the videotape except Restrictions on coverage: by court order. Id § 967.04. Neither West Virginia The state Supreme Court’s statutory law nor court rules governing electronic rules appear to restrict the and photographic coverage media’s ability to attend or of judicial proceedings allow electronically cover civil the court for cause to pro- or criminal proceedings hibit such coverage on its involving minors. own or on the request of a participant. In cases involv- Wisconsin ing juveniles, a presump- Delinquency and depen- tion of validity attends the dency proceedings: The request. Wis. Sup. Ct. R. public is generally excluded 61.11. from juvenile court pro- ceedings in Wisconsin, but Wyoming the court may admit people Delinquency and depen- with a proper interest in the dency proceedings: Except case or in the work of the A family enters into the Juvenile Court Offices at the Whitfield County Courthouse in in hearings to declare a per- Dalton, Ga. AP Photo/Chattanooga Times Free Press by Ashlee Culverhouse. court and those requested son in contempt of court, by a party and approved by juvenile court proceedings the court. Wis. Stat. Ann. § 48.299 (West identity of the child. Id. § 48.396. are generally closed to the public in Wyo- 2011). Noting that knowledge of juvenile In addition, the subunit of the state ming. But individuals with a proper inter- courts’ philosophy and practice is neces- department responsible for statewide over- est in the proceedings or in the work of the sary for their efficient functioning, a court sight of child abuse and neglect programs court — a category of people that seem- found that members of the news media, must, within two days of its receipt, pub- ingly includes members of the news media who may attend hearings and report to the licly disclose the fact that an agency that pursuant to another statutory provision public what they observed, have a proper received a report of child abuse or neglect discussed below — may be admitted. Wyo. interest in the court. Yet, the legislature has reason to suspect that death, serious Stat. Ann. §§ 14-6-224, 14-6-424 (2011). left it to the discretion of the trial judge to injury or egregious abuse or neglect has Delinquency and dependency records: determine on a case-by-case basis whether occurred. The subunit also must disclose Juvenile court records generally are not the interests of the child were in jeopardy whether the department is conducting a available for public inspection. Id. §§ in certain cases so as to justify barring the review of the incident and, if so, its scope, 14-6-239, 14-6-437. But this general rule media from the courtroom. State ex rel E.R. the identities of any other agencies with of confidentiality does not apply to delin- v. Flynn, 276 N.W.2d 313, 316 (Wis. Ct. which the department is currently coop- quency records if there is an adjudica- App. 1979). Note that the court was inter- erating in conducting the review, whether tion of a delinquent act or the juvenile is preting a provision of an earlier statute that the child was residing in the home or was being prosecuted as an adult for a criminal was recodified into the present statute gov- placed in an out-of-home placement at the offense. Id. § 14-6-203. In addition, upon a erning access to juvenile courts. time of the incident and information about finding that release of information would Delinquency and dependency records: the child, including age. Id. § 48.981. serve to protect the public health or safety Juvenile court records generally are not Restrictions on coverage: Wisconsin law or that due to the nature or severity of the available for public inspection except by allows a trial judge to close the courtroom offense in question, the release of infor- certain individuals and agencies designated during a preliminary hearing to deter- mation would serve to deter the minor or by statute. But if a juvenile adjudicated mine if there is probable cause to believe others similarly situated from committing delinquent or found to be in need of pro- the defendant committed a felony if the similar offenses, the court may release the tection services escapes from a facility or defendant is accused of a crime under any name of the minor, the legal records or has been allowed to leave a facility for a of several statutorily-designated felonies disposition in any delinquency proceeding specified time period and is absent more involving sexual offenses, including those filed in juvenile court to the media or other than 12 hours after the expiration of the against children, if the compelling interest members of the public with a legitimate specified period, the department having in protecting a victim from undue embar- interest. Id. § 14-6-240. supervision over the juvenile may publicly rassment and emotional trauma would Restrictions on coverage: Wyoming law release the juvenile’s name and any infor- likely be prejudiced if the exclusion were allows victims 11 years old or younger to mation about the juvenile that is neces- not ordered. Members of the news media testify about sexual offenses outside the pres- sary for the protection of the public or to are not included among the people enti- ence of the defendant via video-recorded secure the juvenile’s return. Wis. Stat. Ann. tled to remain. Id. § 970.03. The law also testimony. The statute does not specify § 938.78. In addition, the general rule of allows witnesses 15 years old or younger whether the media and public may remain confidentiality that applies to law enforce- to testify in any criminal prosecution in the courtroom when this testimony is ment officers’ records of children does not outside the presence of the defendant via broadcast there, although it does state that apply to members of the news media who video-recorded testimony. The law does videotapes that are part of the court record wish to obtain information for the purpose not specify whether the media and pub- are subject to a protective order to preserve of reporting news without revealing the lic may remain in the courtroom when the privacy of the child. Id. § 7-11-408. u

36 The Reporters Committee for Freedom of the Press