WHEREAS, the Children's Bureau of the Department of Health and Human Services has interpreted the federal confidentiality requirements in Titles IV-B and IV-E of the Social Security Act to prohibit public access to court hearings and court records related to child abuse and neglect cases, and enforcement of the Children's Bureau's interpretation might jeopardize federal child welfare funding in a significant number of states; and

WHEREAS, states have taken different approaches in the degree and circumstances under which the public is allowed access to court proceedings and court records related to child abuse and neglect cases; and 

WHEREAS, the Conference of Chief Justices and the Conference of State Court Administrators recognize the need to balance the value of protecting the confidentiality and privacy of children who are alleged to have been abused or neglected and the value of public accountability; and  

WHEREAS, the balance between confidentiality and accountability should be determined within each state by state policy officials; and

WHEREAS, the 108th Congress, in its reauthorization of the Child Abuse Prevention and Treatment Act (CAPTA), has also recognized the appropriateness of state discretion in this matter; and 

WHEREAS, the Conferences believe CAPTA Titles IV-B and IV-E could be interpreted to allow states the flexibility to determine their own policies related to public access in child abuse and neglect cases; 

NOW, THEREFORE, BE IT RESOLVED, that the Conferences urge Congress to amend Titles IV-B and IV-E of the Social Security Act to conform with the CAPTA reauthorization language to allow states the flexibility to determine their own policies on public access to court proceedings and court records as long as the state policies ensure the safety and well-being of the child, parents and families.

Adopted at the Conference of State Court Administrators 2003 Annual Meeting, San Juan, Puerto Rico, July 31, 2003.

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