Maine

Delinquency proceedings: Whether a juvenile delinquency proceeding is open to the public in Maine depends on the nature of the alleged offense. Hearings are open to the public if the crime would constitute murder or certain felonies if committed by an adult or a misdemeanor if committed by an adult and the juvenile has previously been adjudicated of committing a juvenile crime. The general public is excluded from all other delinquency hearings and proceedings. Me. Rev. Stat. Ann. tit. 15, § 3307 (2011).

Dependency proceedings: All child protection proceedings are closed to the public unless the court orders otherwise. Id. tit. 22, § 4007. According to the state Supreme Court, “the statute clearly states that the presumption is that proceedings will be closed absent extraordinary circumstances,” notwithstanding the contrary claim of a mother who sought to open to the public proceedings related to the termination of her parental rights that proceedings are open unless the court makes specific findings of unusual circumstances that would justify closure. In re Bailey M., 788 A.2d 590, 596 (Me. 2002).

Delinquency records: If the proceeding is open to the public, the petition, record of the hearing and order of adjudication are open to public inspection as well. Records of proceedings not open to the public may be inspected only by certain individuals and agencies and with consent of the court by those with a legitimate interest in the proceedings provided the names of the juvenile, the juvenile’s parents, guardian, legal custodian, attorney and any other parties are excluded. Me. Rev. Stat. Ann. tit. 15, § 3308. A law enforcement agency may not release the identity of a juvenile until a petition is filed charging the minor with a juvenile crime. Id. § 3307.

Dependency records: Juvenile dependency records are confidential and may be disclosed only to certain individuals and agencies designated by statute. Id. tit. 22, § 4008. In cases involving the abuse or neglect of a child, the commissioner of the state Department of Health and Human Services may disclose records relating to the alleged abuse or neglect and the investigation into such allegations if the official determines that such disclosure is not contrary to the best interests of the child, the child’s siblings or other children in the house and any one of the following factors exists: 1) the alleged perpetrator of the abuse or neglect has been criminally charged in connection with the allegations; 2) a judge, law enforcement official, district attorney or other state or local investigative agency or official has publicly disclosed, as required by law in the performance of official duties, the provision of or investigation by child welfare services; or 3) a parent, custodian or guardian of the victim or a minor victim 15 years old or older previously made a knowing, voluntary and public disclosure of the information. In addition, the commissioner is required to publicly disclose the findings or information related to situations where child abuse or neglect results in a child fatality or near fatality except in those circumstances where the disclosure of child protective information would jeopardize a criminal investigation or proceeding. Such information may include, among other facts, the name and age of the abused or neglected child if various individuals agree with the commissioner’s decision to release the information and the identification of child protective or other services provided or actions taken regarding the child and the child’s family. The disclosure of such information is limited, however, when the investigation into the report of abuse or neglect is ongoing; nor may the disclosed information identify the source of the report or other members of the child’s household who are not the subject of the report. When deciding whether disclosure would be contrary to the best interests of the child or others, the commissioner will consider the privacy of the child and the child’s family and the effects disclosure may have on efforts to reunite and provide services to the family. Id. § 4008-A.

Restrictions on coverage: Maine law allows victims 15 years old or younger and those with a developmental disability regardless of age to testify about sexual offenses outside the presence of the defendant via video-recorded testimony. The statute does not specify whether the media and public may remain in the courtroom when this testimony is broadcast there. Id. tit. 15, § 1205. In addition, court rules prohibit photographs of minors in criminal proceedings except those tried as adults. Me. Sup. Ct. Admin. Order JB-05-15.