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 and in the Child Abuse Prevention and Treatment Act (CAPTA) to prohibit any public access to court hearings related to child abuse and neglect cases, and enforcement of the Children’s Bureau’s interpretation would jeopardize federal child welfare funding in a significant number of states; and 

WHEREAS, states through their state constitutions or statutory enactments have taken different approaches in the degree and circumstances to which the public is allowed access to court proceedings related to child abuse and neglect cases; and 

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

WHEREAS, there is no objective evidence to suggest that either allowing or prohibiting public access to child abuse and neglect court proceedings is a better approach to protecting the privacy of the child and serving the public; and 

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

WHEREAS, the Conference believes the above-referenced federal statutes 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 Conference urges Congress to allow states the flexibility to determine their own policies on public access to court proceedings.

Recommended By: Courts, Children and the Family Committee
Adoption Date: November 30, 2001
Expiration Date: December 31, 2002   

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