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Court rules on media access to CHINS cases

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For the second time this month, the Indiana Court of Appeals has ruled on media access of CHINS records in a high-profile case involving the death of a child. In a ruling issued today in In the Matter of T.B., a child alleged to be a Child in Need of Services; Charity Bailey v. Indiana Newspapers, Inc., No. 49A02-0712-JV-1007, Charity Bailey challenged several orders issued by the Marion Superior Court, Juvenile Division, granting release of court and agency records to The Indianapolis Star and Fox 59 News following the death of her 3-year-old daughter, T.B. Bailey and her boyfriend, Lawrence Green, allegedly neglected and murdered T.B.

The juvenile court granted media access to a pending CHINS proceeding involving Bailey and T.B. at the time of T.B.'s death, a transcript of an August 2007 review hearing in the pending CHINS proceeding, a closed January 2006 CHINS proceeding involving Bailey and T.B., records of two juvenile delinquency proceedings involving Bailey, and Indiana Department of Child Services and Marion County Department of Child Services records involving T.B.

The appellate court affirmed the juvenile court in its release of the pending CHINS proceeding and the closed CHINS proceeding pursuant to Indiana Code Section 31-39-2-10, and IDCS and MCDCS records pursuant to I.C. Section 31-33-18-1.5, wrote Judge Terry Crone. The transcript of the pending proceeding shouldn't have been released, because under I.C. Section 31-32-6-2, the appellate court believed a "proceeding" is an actual hearing or trial, not the transcript of the hearing or trial. If the legislature had intended otherwise, it could have written the statute to include transcripts, wrote Judge Crone.

Bailey's juvenile delinquency proceedings records also shouldn't have been released because her alleged neglect and murder of T.B. weren't the basis for the delinquency actions, so the juvenile court erred in releasing them pursuant to I.C. 31-39-2-8. Also in the opinion, the Court of Appeals highlights I.C. Section 31-39-1-1, which provides that the confidentiality provisions of that chapter apply to all records of juvenile court except "records involving an adult charged with a crime or criminal contempt of court."

Noting it would be a futile exercise to try to determine which records fall under this exception now, the appellate court wrote it believed the legislative intent behind that exception applies only to juvenile court records that relate specifically to both the adult and the charged crime, wrote Judge Crone.

On Oct. 10, another Court of Appeals panel addressed the release of CHINS records to the media concerning the siblings of a murdered child in In the matter of K.B. and B.L; Amanda Brooks Lay, mother v. Department of Child Services. That panel found the trial court erred in releasing the caseworker's investigatory report and granting access to the siblings' CHINS records.

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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