Tennessee

Delinquency and dependency hearings: Juvenile delinquency proceedings are open to “all persons who are properly concerned,” although the court has the discretion to exclude the general public from any juvenile proceeding and admit only those people with a direct interest in the case. Tenn. R. Juv. P. 27. But the state Supreme Court has held that the juvenile court must not close proceedings to the media and public to any extent unless it determines that failure to do so would result in particularized prejudice to the party seeking closure that would override the public’s compelling interest in open proceedings. If the court so finds, its closure order must be no broader than necessary to protect the interests of the party who sought it. The court also must consider reasonable alternatives to closure and make adequate written findings to support any order closing proceedings to the media or public. State v. James, 902 S.W.2d 911, 914 (Tenn. 1995). Proceedings in child neglect and other dependency cases are not open to the general public. Tenn. R. Juv. P. 27.

Delinquency and dependency records: All files and records in juvenile court proceedings except cases of alleged traffic violations are generally closed and may be inspected only by certain individuals and agencies designated by statute and by court order by those with a legitimate interest in the proceeding or in the work of the court. Tenn. Code Ann. § 37-1-153 (West 2012). The media’s interest in confidential juvenile court records and files as a source of potentially newsworthy information does not qualify as a legitimate interest. Tenn. Op. Att’y Gen. 00-128 (2000). But petitions and court orders in delinquency proceedings may be publicly disclosed in cases where juveniles 14 years old or older are charged with conduct that would constitute murder, aggravated robbery, kidnapping or another statutorily designated serious crime if committed by an adult. Tenn. Code Ann. § 37-1-153.

Law enforcement records likewise are confidential and may not be publicly disclosed except when a juvenile is being prosecuted as an adult, the interest of national security requires disclosure or by court order in the interest of the child. Id. § 37-1-154.

In cases of child abuse or neglect, the state Department of Children’s Services may confirm whether a child abuse or neglect investigation has been initiated but may not disclose any details about the case, including the name of the reporter, the alleged victim or alleged perpetrator. Id. § 37-1-409. The department also must publicly release information about a case that results in a child fatality or near fatality. Id. § 37-5-107.

Restrictions on coverage: Tennessee law allows victims 12 years old or younger to testify about sexual abuse in criminal or civil proceedings via video-recorded testimony. The law does not specify whether the media and public may remain in the courtroom when this testimony is broadcast there, although it does state that a video recording of an alleged victim’s interview by a forensic interviewer used in a criminal trial is subject to a protective order of the court, is not to become a public record in any legal proceeding and must be sealed after it has ended. Id. §§ 24-7-117, 24-7-123. In addition, the state Supreme Court’s rules governing media coverage of public judicial proceedings prohibit recording, broadcasting or photographing a person 17 years old or younger unless the minor is being tried for a criminal offense as an adult. The rules allow the judge as a matter of discretion and after a hearing to restrict media coverage of proceedings. Tenn. Sup. Ct. R. 30.

Cameras: Tennessee is one of only a few states that allow cameras and recording devices in juvenile courts. If the court receives a request for media coverage, it will notify the parties and their counsel, and prior to the beginning of the proceeding, the court will advise the accused, the parties and the witnesses that they have a right to object and that consent, if given, must be in writing. Objections by a witness in any juvenile proceeding will restrict media coverage of only that person during the proceeding, but objections by the accused in a delinquency case or any party in a non-delinquency case will prohibit coverage of the entire proceeding. As in criminal proceedings, pooled coverage is required, and the judge has the discretion to restrict coverage of a hearing or portions thereof, pursuant to the rules governing media coverage, which impose further restrictions aimed at mitigating the intrusiveness of the camera equipment. Tenn. Sup. Ct. R. 30.