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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...