Does the general public ever have access to confidential child abuse records?

A federal law, the Child Abuse Prevention and Treatment Act, provides grants to those states that enact laws that allow public disclosure of information regarding cases of child abuse or neglect that result in a child fatality or near fatality. Currently, 26 states and the District of Columbia have such a public disclosure provision: Alabama, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, Oklahoma, Oregon, South Dakota, Vermont, and West Virginia. In South Dakota, such information is made available to the media. In Iowa, such information must be made available to the state House of Representatives or Senate, upon request. After a confidential meeting on the matter, the state legislature may issue general public statements concerning the Department of Human Services’ handling of the case of child abuse.

Szymanski, L. Confidentiality of Child Abuse Records (2006 Update). NCJJ Snapshot 11(6). Pittsburgh, PA: National Center for Juvenile Justice, 2006.

Can researchers ever have access to confidential child abuse records?

The following 32 states and the District of Columbia make an exception to the record confidentiality requirement for researchers or persons with a legitimate interest in the work of the court: Alabama, Alaska, Arkansas, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, North Dakota, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, and Virginia.

Szymanski, L. Confidentiality of Child Abuse Records (2006 Update). NCJJ Snapshot 11(6). Pittsburgh, PA: National Center for Juvenile Justice, 2006.

Can abuse/neglect/dependency hearings ever be open to the public?

As of the end of the 2005 legislative session, 14 states had statutes and/or case law or court rules that permit public abuse/neglect/dependency hearings but place certain restrictions or requirements on the openness of the hearing: Colorado, Connecticut, Florida, Indiana, Iowa, Maryland, Michigan, Nebraska, North Carolina, Oregon, Pennsylvania, Texas, Utah, and Washington.

Szymanski, L. Confidentiality of Abuse/Neglect/Dependency Hearings. NCJJ Snapshot 11(5). Pittsburgh, PA: National Center for Juvenile Justice, 2006.

Do any states that generally close abuse/neglect/dependency hearings ever make exceptions to closed hearings?

Twenty-eight states and the District of Columbia had statutes and/or case law or court rules that generally require closed abuse/neglect/dependency hearings but provide statutory exceptions to the closure of such a hearing: Alabama, Alaska, Arizona, California, Delaware, the District of Columbia, Georgia, Hawaii, Idaho, Illinois, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, New Jersey, New Mexico, New York, North Dakota, Oklahoma, Rhode Island, South Carolina, South Dakota, Vermont, Virginia, Wisconsin, and Wyoming.

Szymanski, L. Confidentiality of Abuse/Neglect/Dependency Hearings. NCJJ Snapshot 11(5). Pittsburgh, PA: National Center for Juvenile Justice, 2006.

Do any states close abuse/neglect/dependency hearings without exception?

Six states require closed abuse/neglect/dependency hearings and do not provide any statutory exceptions to this closure: Arkansas, Massachusetts, Montana, New Hampshire, Tennessee, and West Virginia.

Szymanski, L. Confidentiality of Abuse/Neglect/Dependency Hearings. NCJJ Snapshot 11(5). Pittsburgh, PA: National Center for Juvenile Justice, 2006.

Are there any states where abuse/neglect/dependency hearings are neither open nor closed?

Abuse/neglect/dependency hearings are closed in Nevada judicial districts within counties where the population is under 400,000 and open in those judicial districts with a county population of over 400,000. Clark County is currently the only county to have a population of over 400,000 and open hearings. In 2000, the Ohio Supreme Court held that juvenile proceedings are not presumed to be open or closed to the public. Ohio has a state constitutional “open court” provision. However, the Ohio Supreme Court held that the traditional interest of confidentiality prevents the public from having a “blanket” constitutional right of access to juvenile proceedings.

Szymanski, L. Confidentiality of Abuse/Neglect/Dependency Hearings. NCJJ Snapshot 11(5). Pittsburgh, PA: National Center for Juvenile Justice, 2006.