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Court: CHINS records aren't available to media

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The circumstances that led to two siblings being deemed as children in need of services and the media attention their family received don't justify the trial court allowing the media access to the children's CHINS records, the Indiana Court of Appeals ruled today.

Siblings K.B. and B.L. were removed from their parents' care in April after criminal charges were filed against the mother, Amanda Brooks Lay, and the father, Terry Lay, for the death of their child, K.L., and the battery and neglect of K.B. and B.L. Shortly after charges were filed, the Vanderburgh trial court granted the media access to K.B. and B.L.'s CHINS records, citing Indiana Code Section 32-39-2-10 and previous access granted to CHINS cases.

In In the Matter of: K.B. and B.L., Amanda Brooks Lay, mother v. Department of Child Services, No. 82A03-0806-JV-266, Amanda Lay challenged granting the media access to the records. Lay filed a motion to correct error. The Vanderburgh County Department of Child Services also shared its concerns of opening the records to the media but left the decision to the trial court's discretion. The court denied Lay's motion.

But the trial court should never have granted media access to records dealing with K.B. and B.L., because the investigatory report by the caseworker, which is governed by I.C. Section 31-33-18-2, doesn't allow for media representatives to access the report, wrote Judge Michael Barnes. The investigatory report is confidential and not to be made available to the public.

The trial court erred in releasing the records under I.C. Section 32-39-2-10. In its order, it said it was granting access to educate the public, address the community's interest in the welfare of the children, and give the public new insight into the workings of the trial court and DCS. While these are laudable goals, they are not reasons to release the records at the expense of K.B. and B.L, wrote Judge Barnes. These children are entitled to the same type of privacy that would be afforded to less high-profile CHINS cases, the judge continued.

Because there is not a specific ongoing threat to the safety or welfare of the community, the trial court abused its discretion in disclosing the CHINS records to the media.

The court also addressed the ambiguity in Indiana statute addressing under what circumstances the legislature intended any interested person to be able to access juvenile court records and invited the legislature to clarify the statute to ensure the confidentiality of legal records involving children.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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