08

VIII. Proceedings involving minors

VIII. Proceedings involving minors

Overview

Pennsylvania

Although “juvenile proceedings have traditionally been closed to the public in most jurisdictions,” the Pennsylvania Superior Court held that “constitutional presumption of openness applies to juvenile dependency matters.”  …”  In the Interest of M.B.,819 A.2d 59 (Pa. Super. Ct. 2003).  But juvenile proceedings may be closed “to prevent parties' embarrassment and protect privacy interests.”  Id. (citing R.W. v. Hampe, 626 A.2d 1218, 1222 (Pa. Super. 1993).  Indeed, “protecting minors from the trauma and embarrassment of testifying in public is, in and of itself, a compelling state interest under a First Amendment analysis.”  Id. (citing Globe Newspaper Co. v. Superior Ct., 457 U.S. 596, 607-08, 73 L. Ed. 2d 248, 102 S. Ct.

VIII. Proceedings involving minors

Overview

California

California Rule of Court Section 346 governs access to dependency hearings; it presumes the hearing closed and permits openness only if the member of the public has a direct and legitimate interest in the hearing. This requires case-by-case review. See L.A. Cnty. Dep’t of Children & Family Servs. v. J.P., 42 Media L. Reporter 1609 (Cal. Ct. App. 2014). 

VIII. Proceedings involving minors

Overview

Oregon

Because of the robust access provisions provided by the Oregon Constitution, juvenile proceedings are open to the public and the media. See generally State ex rel Oregonian Pub. Co. v. Deiz, 289 Or. 277, 613 P.2d 23 (1980) (striking down as invalid under the Oregon Constitution a statute that allowed judges to exclude the press from juvenile court proceedings). However, camera access may not be allowed in juvenile proceedings. See infra section XI.