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Friday, October 10, 2008

Ind. Decisions - Court of Appeals issues 1 today (and 5 NFP)

For publication opinions today (1):

In In the Matter of K.B. and B.L.; A.B.L. (mother) v. Department of Child Services, a 9-page opinion, Judge Barnes writes:

Amanda Lay appeals the trial court’s order granting the media access to K.B.’s and B.L.’s child in need of services (“CHINS”) records. We reverse.

Issue. Lay raises one issue, which we restate as whether the trial court properly allowed the media to access the children’s CHINS records.

Facts. On April 1, 2008, K.B.’s and B.L.’s three-year-old brother, K.L., died. On April 2, 2008, CHINS petitions were filed regarding K.B. and B.L. That same day, they were determined to be CHINS. On April 4, 2008, the State filed criminal charges against Lay and her husband, the children’s father, Terry Lay, for K.L.’s death and K.B.’s and B.L.’s battery and neglect. On April 14, 2008, the trial court, apparently sua sponte and without notice or a hearing, issued an order granting the media access to K.B.’s and B.L.’s CHINS records. In its order, the trial court stated:

In accordance with Indiana Code 31-39-2-10 the Court hereby grants access to any interested media representative to the chronological case summaries, petitions, motions and orders concerning the child in need of service causes 82D01-0804-J-92 [sic] and 82D01-0804-JC-093 which are the children of Amanda Lay. The Court further orders the children’s names or other identifying information such as dates of birth or social security numbers are to remain confidential and not reported to the general public.* * *
[Re IC 31-39-2-10] We agree it is unclear under what circumstances the legislature intended any interested person to be able to access juvenile court records. We invite the legislature to clarify this ambiguity so as to ensure the confidentiality of legal records involving children. Nevertheless, we need not determine this issue today because even assuming that Indiana Code Section 31-39-2-10 applies to CHINS proceedings, we conclude that the trial court abused its discretion in disclosing K.B.’s and B.L.’s CHINS records. * * *

Because there is no specific ongoing threat to the safety or welfare of the community, the trial court abused its discretion in disclosing the children’s CHINS records.

Conclusion. The trial court abused its discretion when it disclosed K.B.’s and B.L.’s confidential CHINS records. We reverse.

ILB notes: Kalab Lay's death and the circumstances surrounding it have had much notoriety in Evansville. See this ILB entry from April 20th for background, plus an Evansville Courier & Press editorial that begins: "If the public is to not only understand the procedures in place for protecting children from abuse and neglect, but also to influence change in those procedures when necessary, it must have information." See also this ILB entry from June 10th headed "Media barred from Lay custody trial"., and this June 15th follow-up.

NFP civil opinions today (0):

NFP criminal opinions today (5):

James Pello v. State of Indiana (NFP)

Gary A. Kain v. State of Indiana (NFP)

Casey L. Sams v. State of Indiana (NFP)

Shawn D. Yoakum v. State of Indiana (NFP)

Kenneth Beckenhaupt v. State of Indiana (NFP)

Posted by Marcia Oddi on October 10, 2008 12:52 PM
Posted to Ind. App.Ct. Decisions