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7/14/2000

Public Access to Child Abuse and Neglect Proceedings: Survey Results

State/Territory

Practice Related to Public Access to Proceedings

Hearings to Which Public Has Access

Authority

Year Authorizing Public Access

Practice Related to Public Access to Court Files

Alabama

Presumably closed with judicial discretion to open proceedings

N/A

Statute

N/A

Case file presumably closed with judicial discretion to open all or part of file

Alaska

Closed proceedings for all cases; court has discretion to admit individuals to hearings if their attendance is compatible with the best interests of the child.

N/A

Statute


Court Rule

N/A

(no response)

American Samoa






Arizona

Presumably closed proceedings with judicial discretion to open proceedings

N/A

Statute


Court Rule

N/A

Case file presumably closed with judicial discretion to open all or part of file

Arkansas

Closed proceedings for all cases

N/A

Statute

N/A

All records may be closed and confidential within the discretion of the court

California

Closed proceedings for all cases

N/A

Statute

N/A

Case files closed in all cases

Colorado

Presumably closed proceedings with judicial discretion to open proceedings

N/A

Statute

N/A

Case file presumably closed with judicial discretion to open all or part of file

Connecticut

Presumably closed proceedings with judicial discretion to open proceedings

Ajudicatory, dispositional, and review hearings

Statute

1969, with subsequent amendments

Case file presumably closed with judicial discretion to open all or part of file

Delaware

Closed proceedings for all cases

N/A

Statute

N/A

Case files closed in all cases

District of Columbia

Closed proceedings for all cases

N/A

Statute

N/A

Case files closed in all cases; except certain individuals, specified by statute, may be permitted to have access to the records

Florida

Dependency adjudicatory hearings are open to the public, unless the court specifically closes a particular hearing upon a finding that the public interest or welfare of the child are best served by the closure; termination of parental rights adjudicatory hearings are closed to the public

Ajudicatory (for dependency only), dispositional, and review hearings

Statute

1975

Case file presumably closed with judicial discretion to open all or part of file

Georgia

Closed proceedings for all cases; the court may admit any person having a proper interest in the case or the work of the court to hearings

N/A

Statute

N/A

Case files closed in all cases; except as permitted by statute

Guam






Hawaii

Closed proceedings for all cases

N/A

Statute (records)


Court Rule (hearings)

N/A

Case file presumably closed, judicial discretion to open all or part of file

Idaho

Closed proceedings for all cases

N/A

Statute


Court Rule

N/A

Case files closed in all cases

Illinois

Only persons specified in statute or who in the opinion of the court have a direct interest in the case or the work of the court shall be admitted to hearings; the general public, except for the news media and the victim, are excluded from all hearings; the court may prohibit any person present in the court from further disclosing the minor's identity

N/A

Statute

N/A

Case files are closed, except as permitted by statute or special order of the court (statute allows news media to inspect juvenile court records)

Indiana

Presumably open proceedings with judicial discretion to close proceedings (most courts routinely close abuse and neglect proceedings)

Adjudicatory, dispositional, and/or review hearings

Statute

1979

Case file presumably closed, judicial discretion to open all or part of file

Iowa

Presumably open proceedings with judicial discretion to close proceedings

Adjudicatory, dispositional, and/or review hearings

Statute

1989

Case file presumably closed, judicial discretion to open all or part of file

Kansas

Any person may attend the proceeding upon agreement of all interested parties, unless the court finds the presence of the persons would be disruptive to the proceedings.

Adjudicatory, dispositional, and/or review hearings

Statute

1983

Case file presumably closed, judicial discretion to open all or part of file

Kentucky

Closed proceedings for all cases

N/A

Statute

N/A

Case file closed, except to specific list of individuals. Court may grant access to others upon request and showing cause.

Louisiana

Closed proceedings for all cases

N/A

Statute

N/A

Case file presumably closed with judicial discretion to open all or part of file

Maine

Presumably closed proceedings with judicial discretion to open proceedings

N/A

Statute

N/A

Case file presumably closed with judicial discretion to open all or part of file

Maryland

Presumably open proceedings with judicial discretion to close proceedings; abuse reports, however, are discussed in a confidential manner in the courtroom

(unspecified)

Statute


Court Rule

1998

Case files are closed, except as permitted by statute

Massachusetts

Closed proceedings for all cases

N/A

Statute

N/A

Case files are closed; exceptions may be made for research purposes or law enforcement purposes with the permission of the court

Michigan

Presumably open proceedings with judicial discretion to closed

Adjudicatory, dispositional, and review hearings

Court Rule

1988

Case file presumably open with judicial discretion to seal all or part of file (access to records may be limited by local administrative order requiring specific identification of information for files being requested, such as case name or number

Minnesota

A three-year pilot project in 12 of 87 counties allows child protection hearings in the 12 counties to be presumed accessible to the public unless an exceptional circumstance exists

Adjudicatory, dispositional, and review hearings

Statute


Court Rule (authorizes the pilot project)



1998

In the 12 pilot counties, the public may have access to all child protection court files; except the court rules specifically identifies certain records that are not accessible

Mississippi

Closed proceedings for all cases

N/A

Statute

N/A

Case file presumably closed with judicial discretion to open all or part of file

Missouri

Presumably closed proceedings with judicial discretion to open proceedings

N/A

Statute

N/A

Case file presumably closed with judicial discretion to open all or part of file

Montana

Closed proceedings for all cases

N/A

Statute

N/A

Case files are closed, except as permitted by statute

Nebraska

Presumably open proceedings with judicial discretion to close proceedings

Adjudicatory, dispositional, and review hearings

Constitution


Court Rule


1875

Case file presumably open with judicial discretion to seal all or part of file

Nevada

Closed proceedings, only persons having a direct interest as ordered by the judge may be admitted

N/A

Statute

N/A

Case files are closed; court may publicly disclose information, if necessary

New Hampshire

Closed proceedings for all cases

N/A

Statute

N/A

The court may authorize disclosure information.

New Jersey

Closed proceedings for all cases

N/A

Statute


Court Rule

N/A

Case files closed for all cases

New Mexico

Closed proceedings for all cases; the media is allowed to attend hearings, but not divulge the names of the child, parent, or guardian; other persons with a legitimate interest in the cases or the work of the court may attend hearings provided they receive court permission and refrain from divulging any information that would identify the child or family

Adjudicatory, dispositional, and/or review hearings

Statute

N/A

Case files closed, except as permitted by statute or by order of the court

New York

Presumably open proceedings with judicial discretion to close proceedings

Adjudicatory, dispositional, and/or review hearings

Statute


Court Rule

1909


1970

Files not open to "indiscriminate" public inspection, however, the court in its discretion may permit the inspection of any papers or records

North Carolina

Presumably open proceedings with judicial discretion to close proceedings

Adjudicatory, dispositional, and/or review hearings

Statute

1979, amended 1998

Case file presumably closed with judicial discretion to open all or part of file

North Dakota

Closed proceedings except to declare a person in contempt of court; the court may admit others with proper interest in the case or in the work of the court

N/A

Statute

1999

Case files are closed, except as permitted by statute

Northern Mariana Islands

Presumably open proceedings with judicial discretion to close proceedings

Adjudicatory, dispositional, and/or review hearings

Statute

(unspecified)

Case files closed in all cases

Ohio

Cases are neither "presumptively open, nor presumptively closed, to press or public".

Adjudicatory, dispositional, and/or review hearings

Constitution


Statute


Court Rule


Case Law

1851


1969


1972


1990

As a general rule, no public use can be made of any juvenile court record, except if there is an appeal, or authorized by court order.

Oklahoma

Presumably closed proceedings with judicial discretion to open proceedings

Adjudicatory, dispositional, and/or review hearings

Statute

1968

Case file presumably closed with judicial discretion to open all of part of file

Oregon

Public access for all cases

Adjudicatory, dispositional, and review hearings

State Constitution


Statute

1859



1980

Case files are closed, except the public has access to the name and date of birth of a child, as well as the basis of the court's jurisdiction over the child. The public also has a right to know the date, time, and place of any court proceeding in which the child is involved.

Pennsylvania

Closed proceedings for all cases

N/A

Statute

N/A

Case files closed in all cases

Puerto Rico

Closed proceedings for all cases

N/A

Statute

N/A

Case files closed in all cases

Rhode Island

Closed proceedings in all cases

N/A

Statute

N/A

Case files closed in all cases

South Carolina

Closed proceedings in all cases

N/A

Statute

N/A

Case files closed in all cases

South Dakota

Presumably closed proceedings with judicial discretion to open proceedings

N/A

Statute


Case Law

N/A

Case files are closed, except as permitted by statute

Tennessee

Presumably closed proceedings with judicial discretion to open proceedings

N/A

Statute


Court Rule

N/A

Case files presumably closed with judicial discretion to open all or part of file

Texas

Presumably open proceedings with judicial discretion to close proceedings

Adjudicatory, dispositional, and review hearings

Statute


Case Law

1995


1992


Case file presumably open with judicial discretion to seal all or part of file

Utah

Closed proceedings for all cases

N/A

Statute

N/A

Case files closed in all cases

Vermont

Closed proceedings for all cases

N/A

Statute

N/A

Case files closed in all cases

Virginia

Closed proceedings for all cases

N/A

Statute

N/A

Case files closed in all cases

Virgin Islands

Presumably closed except to declare a person in contempt of court; the court may admit others with proper interest in the case or in the work of the court on condition that such persons keep information they hear confidential

N/A

Statute

N/A

Case files are closed, except as permitted by statute

Washington

Closed proceedings for all cases

N/A

Statute

N/A

Case files closed in all cases

West Virginia

Closed proceedings for all cases

N/A

Statute

N/A

Case file presumably closed with judicial discretion to open all or part of file

Wisconsin

Presumably closed proceedings with judicial discretion to open proceedings

(no response)

Statute

(no response)

Case file presumably closed with judicial discretion to open all or part of file

Wyoming

Closed proceedings for all cases

N/A

Statute

N/A

Case files closed in all cases


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