Court hearings involving children who have allegedly been neglected or abused will remain closed to the public after a flood of testimony helped defeat a bill that would have lifted the veil of confidentiality.
Senate Human Services Chairwoman Suzanne Chun Oakland (D, Downtown-Nuuanu-Liliha) said she had introduced Senate Bill 2002 just to give the issue a public airing, but she recommended Tuesday that it be deferred indefinitely and her committee agreed.
Under current law, child protective proceedings are closed to all except those directly involved in the case. Judges have discretion to open the hearings if a party to the case requests it and the judge feels it is in the best interest of the child.
The bill would have opened hearings and court records to the public unless a party to the case, "other than an authorized agency," could prove by clear and convincing evidence that doing so would cause the child severe emotional distress.
A range of opponents lined up against the bill, including the state Judiciary, the Department of Human Services, Kapiolani Child Protection Center, Family Programs Hawaii, former foster youth, attorneys involved in family law and guardians ad litem, who advocate for minors in such cases.
They argued that it would jeopardize already vulnerable children rather than protect them, make it harder for families to heal and delay cases unnecessarily while parents or children’s representatives tried to prove they should be closed.
"In our experience, information that has been divulged, either intentionally or not, has caused physical and/or psychological harm to the child," said District Family Judge Paul T. Murakami.
Opening courts to the public would allow in anyone who wanted to observe the proceedings.
Dr. Stan Michels, administrator of the Child and Adolescent Mental Health Division in the state Health Department, testified against the bill as a pediatrician who has handled hundreds of abuse cases.
"It’s very difficult to get kids to disclose abuse in the first place," Michels said. "I would hate for children to be traumatized by the court proceeding."
Just a few individuals testified in support of the bill.
Johnny L. Harmon, a Kapiolani resident, told the committee his goal was merely to open hearings to extended family, not "the whole world."
"I want to see Family Court open so the family members of that child can come in and support that child," said Harmon, who petitioned to attend a case involving his daughter and grandchild but was refused. "Grandparents are the backbone of the family."
