Alaska

Delinquency proceedings: Although the public is generally excluded from juvenile delinquency proceedings in Alaska, there are four exceptions to this rule: 1) where the court, in its discretion, permits individuals to attend because their attendance is compatible with the best interests of the minor; 2) where the state Department of Health and Social Services requests openness and the petition for adjudication is based on the minor’s alleged commission of a felony or other serious offense; 3) where the prosecutor is seeking imposition of a dual sentence, or the imposition of an adult sanction and a juvenile sanction, the former of which is enforced only if the latter is violated, or the minor agrees as part of a plea agreement to be subject to dual sentencing; and 4) where the minor agrees to or requests a public hearing. Alaska Stat. § 47.12.110 (2012).

Dependency proceedings: Hearings in juvenile dependency proceedings are generally open to the public, with certain exceptions. Specifically, the following are closed to the public: 1) the initial court hearing after the filing of a petition to commence the case; 2) a hearing following the initial hearing in which a parent, child or other party is present but has not had an opportunity to obtain legal representation; and 3) a hearing or part of a hearing for which the court issues a written order finding that openness or partial openness would reasonably be expected to stigmatize or be emotionally damaging to a child, inhibit a child’s testimony in that hearing, disclose matters required by law or court order or rule to be kept confidential or interfere with a criminal investigation or proceeding or a criminal defendant’s right to a fair trial. The name, picture or other identifying information of the child involved may not be publicly disclosed. At the beginning of a hearing, the court will issue an order specifying the restrictions necessary to ensure such nondisclosure. The court may impose any appropriate sanction, including contempt and closure of any further hearings to a person who violates the order. Id. § 47.10.070.

Delinquency and dependency records: Juvenile court records are confidential and may be inspected only with the court’s permission by individuals with a legitimate interest in the records. In delinquency cases where the prosecutor is seeking imposition of a dual sentence or the minor agrees as part of a plea agreement to be subject to dual sentencing, all court records are open to the public except predisposition, psychiatric and psychological reports and other documents the court orders to be kept confidential because their release could harm the minor or violate the constitutional rights of the victim or others. Id. §§ 47.10.090, 47.12.300.

In addition, the Department of Health and Social Services may publicly disclose confidential information about a child or alleged perpetrator named in a report of child abuse or neglect related to the department’s determination of the nature and validity of the report or its activities as a result in cases where: 1) the parent or guardian of a child who is the subject of one or more reports of child abuse or neglect has made a public disclosure about the department’s involvement with the family; 2) the alleged perpetrator named in one or more reports of child abuse or neglect has been charged with a crime related to the alleged abuse or neglect; and 3) abuse or neglect has resulted in the fatality or near fatality of a child who is the subject of one or more reports of abuse or neglect. The department may withhold, however, disclosure of the child’s name, picture or other identifying information if the department determines that disclosure would be contrary to the best interests of the child, the child’s siblings or other children in the house, as well as information that would reasonably be expected to interfere with a criminal investigation or proceeding or a defendant’s right to a fair trial. Id. § 47.10.093.

Restrictions on coverage: Alaska law allows victims and witnesses 15 years old or younger to testify in any criminal proceeding involving an offense committed against a child 15 years old or younger to testify outside the presence of the defendant via closed-circuit television or one-way mirrors. The statute does not specify whether the media and public may remain in the courtroom during this testimony. Id. § 12.45.046. Although court rules governing media coverage of court proceedings require the consent of all parties, including the guardian ad litem, or guardian appointed to represent the interests of a juvenile in a single litigation, in divorce, dissolution of marriage, domestic violence, child custody and visitation, paternity or other family proceedings, they do not specifically address restrictions on coverage of criminal or civil proceedings in which minors are testifying. They do state, however, that the court may impose reasonable restrictions on the time, place or manner of media coverage of any case provided the restrictions are stated on the record and reasonably related and narrowly drawn by the least restrictive means to, among other aims, protect the reasonable privacy interests of a minor or any other person. Alaska R. Ct. Admin. 50.