Barton Child Law and Policy Clinic
Emory University
Tel. 404.727.6664
Gambrell Hall
Atlanta, GA 30322-2700
child_law@law.emory.edu
www.childwelfare.net
Open Courts Fact Sheet: Deprivation Proceedings
The term "Open Courts" is a term of art referring to the practice of opening child abuse and neglect proceedings to the public. Court records are typically not accessible to the public in an Open Court system. Additionally, social services records are not included under the umbrella of Open Courts.
Georgia currently maintains closed courts and closed records with the exception of the records of deceased children who were receiving services from the Division of Family and Children Services at the time of the child's death, or whose siblings, parents, or other caretakers have been the subject of a report to the Division within the previous five years. These records are subject to the Georgia Open Records Act.
In Georgia, confidentiality in child abuse and neglect proceedings is governed by state and federal statutes. In order to hold open deprivation proceedings in Georgia, the applicable state code must first be revised.
Advocates of Open Courts believe that the resulting public scrutiny will aid in reform of the child welfare system. These advocates believe that public access to court proceedings results in greater accuracy on the part of judges and child welfare professionals and better outcomes for children. They also believe that Open Courts lead to a better informed public with regard to child welfare matters.
Opponents fear that Open Courts will negatively impact children through increased psychological trauma. Additionally, opponents fear that parents will be less likely to stipulate to child abuse allegations in open court, thus slowing down the entire process.
Several states have implemented some type of Open Courts including Oregon, Florida, New York, Michigan, Minnesota, and California. Each state has a provision that allows for proceedings to be closed if the judge determines that it is in the best interests of the child.
States with Open Courts report that media coverage has not increased and the fear that a victimized child will 'end up on the six o'clock news' is unfounded. These states report that media coverage is largely limited to notorious cases that would otherwise be open under federal law.
For more information about Open Courts or other child welfare issues, please contact the Barton Child Law and Policy Clinic.
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The Barton Child Law and Policy Clinic, info@ChildWelfare.net
Emory University School of Law, Gambrell Hall, Atlanta, GA 30322, (404) 727-6664.