Columnist Sandra Thompson: Let task force monitor juvenile cases

Sandra Thompson

Sunday, April 23, 2000 | 9:29 a.m.

Sandra Thompson is vice president/associate editor of the Las Vegas Sun. She can be reached at 259-4025 or through e-mail at thompson@lasvegassun.com.

Would the interests of children be better served if the veil of secrecy is lifted from some court proceedings?

It's an issue of concern in some areas across the country, most notably California, whose legislature is considering a bill to open up some juvenile cases.

There are credible arguments for and against opening proceedings in the areas of foster care and termination of parental rights. Some cases involving contentious custody battles are not sealed, but they can be closed if either party requests it.

Bill Grimm, attorney for the San Francisco-based National Center for Youth Law, expects considerable debate on the issue in California.

"Courts have been insulated by confidentiality, as have agencies, and scrutiny has been difficult," he says. "But I am concerned about guidelines and procedures on who has access and who acknowledges privacy interests."

Privacy is the main reason for keeping juvenile proceedings closed. Say a case details the sexual abuse of a child. You wouldn't want to make that public and have him teased at school or be publicly branded for life.

Grimm suggests a compromise. Open up the process to the press where a legitimate interest is shown and they are bound by some confidentiality rules (not revealing names) that would protect the interests of children.

According to Nevada law, juvenile proceedings are conducted behind closed doors and the records are sealed "unless the court determines that holding a hearing in open court will not be detrimental to the child." A District Court rule, however, says the court must close the proceedings.

The prime argument for lifting the veil of secrecy is that public scrutiny would keep officials, judges and the court system on its toes and hopefully lead to more thoughtful, quality decisions. That would only serve to improve the system and its service to children, right? Not necessarily.

Grimm says although one Minnesota county has had open juvenile proceedings for a while, a foster care task force there expressed disappointment that media scrutiny has not led to a change in the delivery of services or the quality of judges. Even the level of media interest is questionable.

That's not surprising. The media traditionally have shied away from domestic relations stories and custody battles. They considered most disputes to be "he said, she said." However, within the last year, television news magazine programs have featured increasing numbers of segments on custody, adoption and similar issues.

Of course, the granddaddy of them all -- the Elian Gonzalez case -- has been on every newscast and in every newspaper. What the media don't realize is that thousands of similar cases (without the international political overtones) are played out every week in courtrooms across the country.

By the time Elian's case is resolved, every move will be scrutinized, and no details of his case will be hidden in sealed records.

Whether that will help or hurt him in the long run remains to be seen. Although the media attention on Elian has reached a frenzy, there are compelling reasons why the story should be covered.

There also are compelling reasons why other juvenile cases should be brought to the public's attention. Only through scrutiny can a community determine if the legal process is fair and in the best interest of the child.

A task force recently was set up to monitor court cases in Nevada to track how the system deals with domestic violence issues. A similar task force should be established to monitor juvenile cases, especially those in the area of guardianship, foster care and termination of parental rights. The task force would independently determine whether the cases are being resolved fairly and in a timely manner and, most importantly, are in the best interests of the children. Such an independent review is overdue.