Legal Research: Public Access to Abuse/Neglect Proceedings

States

Abuse/Neglect Proceedings*

Statute

Summary

Alabama

Closed

Ala. Code § 12-15-65(a) (LexisNexis 2005)

General public excluded; the court may admit persons with proper interest.

Alaska

Closed

Alaska Stat. § 47.10.070(a), (c) (2006)

General public excluded; the court may allow individuals to attend if compatible with the child's best interests.

Arizona

Closed

Ariz. Rev. Stat. § 8-224(1) (LexisNexis 2006)

Proceedings are closed; upon request of parties to the proceedings, the court may be opened to the public.

Arkansas

Closed

Ark. Code Ann. § 9-27-325(i)(1) (2006)

Proceedings are closed to the general public.

California

Closed

Cal. Welf. & Inst. § 346 (Deering 2006)

Proceedings are closed except to individuals with a legitimate interest; upon request of parties to the proceedings, the court may be opened to the public.

Colorado

Open

Colo. Rev. Stat. § 19-1-106(2) (2005)

Proceedings are open to the general public unless the court determines that it is in the best interests of the child or community to exclude the general public.

Connecticut

Closed

Conn. Gen. Stat. § 46b-122 (2006)

The judge may exclude any person whose presence is not necessary.

Delaware

Closed

Del. Code Ann. tit. 10, § 1063(a) (2006)

Proceedings are closed.

District of Columbia

Closed

D.C. Code Ann. § 16-2316(e)(2)-(3) (LexisNexis 2006)

Proceedings are closed except to necessary individuals; the press may be admitted.

Florida

Open

Fla. Stat. Ann. § 39.507(2) (LexisNexis 2006)

Proceedings are open to the general public; the judge may closed proceedings in the interest of the child.

Georgia

Closed

Ga. Code Ann. § 15-11-78(a) (2006)

Proceedings are closed except to necessary individuals and persons the court determines to have a proper interest in the proceeding.

Hawaii

Closed

Haw. Rev. Stat. Ann. § 571-41(b) (LexisNexis 2006)

Proceedings are closed except to individuals that have a direct interest in the case.

Idaho

Closed

Idaho Code Ann. § 16-1613(1) (2006)

Proceedings are closed except to individuals that have a direct interest in the case.

Illinois

Closed

705 Ill. Comp. Stat. Ann. 405/1-5(6) (LexisNexis 2006)

Proceedings are closed to the general public except for the news media, the victim, and individuals with a direct interest in the case.

Indiana

Open

Ind. Code Ann. § 31-31-6-2

The juvenile court shall determine whether the public should be excluded from a proceeding.

Iowa

Open

Iowa Code § 232.92 (2005)

Proceedings are open to the public; proceedings may be closed in the interest of the child.

Kansas

Closed

Kan. Stat. Ann. § 38-2247 (2007)

Proceedings closed to the general public; only interested parties and court workers may be admitted.

Kentucky

Closed

Ky. Rev. Stat. Ann. § 610.070(3) (LexisNexis 2006)

Proceedings are closed to the general public; the court may admit persons with direct interest in the case or in the work of the court and others agreed to by the child and his attorney.

Louisiana

Closed

La. Child. Code Ann. art. 407(A) (2006)

Proceedings are closed to the general public.

Maine

Closed

Me. Rev. Stat. Ann. tit. 22, § 4007(1) (2005)

Proceedings are closed to the public unless the court orders otherwise.

Maryland

Closed

Md. Code Ann. Cts. & Jud. Proc. § 3-810(b)(2) (LexisNexis 2006)

General public is excluded from proceedings that involve discussion of confidential information from the child abuse and neglect report.

Massachusetts

Closed

Mass. Ann. Laws ch. 119, § 38 (LexisNexis 2006)

Proceedings closed to the general public.

Michigan

Open

Mich. Comp. Laws Serv. § 712A.17(7) (LexisNexis 2006)

Proceedings open to public; court may close hearing if a party of victim requests the hearing closed during testimony of a juvenile witness or victim.

Minnesota

Closed

Minn. Stat. § 260C.163(1)(c) (2005)

Proceedings closed to the general public; only interested parties and court workers may be admitted.

Mississippi

Closed

Miss. Code Ann. § 43-21-203(6) (2006)

Proceedings are closed to the general public; the court may admit persons with direct interest in the work of the court.

Missouri

Open

Mo. Rev. Stat. § 211.319(1)

Procedings open to the public; court may exclude certain persons if it is in the welfare and best interests of the child or for exceptional circumstances.

Montana

Closed

Mont. Code Ann. § 40-6-120 (2005)

Proceedings are closed except to necessary individuals.

Nebraska

Open

Neb. Rev. Stat. Ann. § 24-1001 (LexisNexis 2005)

Proceedings are open to general public.

Nevada

Closed

Nev. Rev. Stat. Ann. § 432B.430(1)(a), (2)(a) (LexisNexis 2006)

Proceedings are closed in counties with population of less than 400,000; open in counties with populations greater than 400,000.

New Hampshire

Closed

N.H. Rev. Stat. Ann. § 169-C:14 (LexisNexis 2006)

Proceedings are closed except to necessary individuals.

New Jersey

Open

N.J. Rev. Stat. § 9:6-8.43(b) (2006)

Proceedings may be closed to the general public.

New Mexico

Closed

N.M. Stat. Ann. § 32A-4-20(B)-(D) (LexisNexis 2006)

Proceedings are closed except to necessary individuals, the media and persons approved by the court.

New York

Open

N.Y. Fam. Ct. Act § 1043 (Consol. 2006)

Proceedings may be closed to the general public; interested parties are admitted.

North Carolina

Open

N.C. Gen. Stat. § 7B-801 (2006)

The court has discretion to determine whether proceedings shall be closed to the public. Juvenile may request the meeting to be open.

North Dakota

Closed

N.D. Cent. Code § 27-20-24(5) (2006)

Proceedings are closed except to necessary individuals.

Ohio

Open

Ohio Rev. Code Ann. § 2151.35(A)(1) (LexisNexis 2006)

The court may exclude the general public if it holds a separate hearing to determine whether it is appropriate.

Oklahoma

Closed

Okla. Stat. tit. 10, § 7003-4.1 (2005)

Proceedings are closed except to necessary individuals; the judge may order the court to be opened to the public.

Oregon

Open

Or. Const. art. I, § 10

Proceedings are open to the general public.

Pennsylvania

Open

42 Pa. Cons. Stat. § 6336(e) (2005)

Proceedings shall be open to the public.

Rhode Island

Closed

R.I. Gen. Laws § 14-1-30 (2006)

Proceedings are closed except to necessary individuals.

South Carolina

Closed

S.C. Code Ann. § 20-7-755 (2005)

Proceedings are closed except to necessary individuals and persons interested in the work of the court.

South Dakota

Closed

S.D. Codified Laws § 26-7A-36 (2006)

Proceedings are closed unless the court finds a compelling reason to open the court to the public.

Tennessee

Closed

Tenn. Code Ann. § 37-1-124(a) (2007)

The general public may be excluded from proceedings.

Texas

Open

Tex. Fam. Code Ann. § 105.003(b) (Vernon 2005)

Proceedings are open to the general public; proceedings closed for children under the age of 14 unless child's/public's interests better served by opening.

Utah

Open

Utah Code Ann. § 78-3a-115.1(2)(a) (2006)

Proceedings are open to the general public; the court may exclude individuals in the interest of the child.

Vermont

Closed

Vt. Stat. Ann. tit. 33, § 5523(c) (2006)

Proceedings are closed except to necessary individuals; persons interested in the work of the court may be admitted.

Virginia

Closed

Va. Code Ann. § 16.1-302 (2006)

The general public shall be excluded and only such persons as the judge deems proper shall be admitted.

Washington

Open

Wash. Rev. Code Ann. § 13.34.115 (LexisNexis 2006)

All proceedings shall be public unless the judge determines that a public hearing is contrary to the best interests of the child.

West Virginia

Closed

W. Va. Fam. Ct. R. 8

Proceedings are closed to the general public.

Wisconsin

Closed

Wis. Stat. § 48.299(1)(a) (2006)

The general public shall be excluded form proceedings unless a public hearing is demanded by the child through his counsel.

Wyoming

Closed

Wyo. Stat. Ann. § 14-3-424(b) (2006)

Proceedings are closed except to necessary individuals and persons interested in the work of the court.

*The status of the above laws was current as of July 2006.