Finishing touches are being put on a landmark bill that is the first step to opening court hearings on child neglect, abuse and custody to the public.
The bill, which hadn't been numbered late Friday, would phase in access to the proceedings, beginning with the selection by November of two yet unnamed pilot court districts.
Child welfare administrators, the Attorney General's Office and court representatives have spent the past year drafting legislation that would open the private hearings in an attempt to offset growing criticism that the courts operate without oversight, often don't do what's best for children and regularly act capriciously against accused parents.
It's an idea that is long overdue, said former state Rep. Matt Throckmorton, who spearheaded the initial effort to open the courts.
"It's good for everybody," the Springville Republic said. "It removes that element of suspicion and let's people see what's going on, and that's healthy for child welfare."
But openness might not be healthy for the most important people involved — the children — say some child protection workers who are willing to give the idea a try but will carefully be watching its effect on children.
Kristen Brewer, director of Utah's Guardian ad Litem Office that is responsible for ensuring children's legal rights are maintained during abuse and neglect cases, is wary of the idea.
"It could be better for the system, and our office certainly would welcome the public being able to see what we do, and I think the court of public opinion would have a certain sway," Brewer said. "But I worry about the potential for public ridicule (of the children involved)."
A detailed report on how the open hearing system worked in the two court districts is due before the general session of the Legislature in January 2005. If successful, all court districts in the state would fall under the new law the following July 1, making Utah one of five states that have "presumed open hearings." Utah is now among 26 states that have completely closed proceedings.
The proposed legislation is modeled after similar legislation in Minnesota, which has allowed public access to the hearings since July. The change there came after a 2 1/2-year pilot project in 12 of the state's 87 counties.
Judith Nord, staff attorney with the Minnesota Supreme Court, said the positive effects so far outweigh the negatives. The news media have honored privacy wishes of the families involved and at the same time raised public awareness about the number of abuse cases as well as increased the accountability of the courts and child protection agents.
"By opening the system there are more eyes on the child, and that is leading to less repeat abuse and neglect," Nord said, "and gives hope that it could ultimately be prevented."
Robin Arnold-Williams, director of Utah's Department of Human Services, said she is in favor of opening the courts because it will give the public and lawmakers a clear view of the child welfare system.
During the trial period, effects on the children involved, both positive and negative, will be tracked very carefully, Arnold-Williams said.
Nineteen states have "presumed closed" custody hearings. Four have "presumed open" hearings and one, Oregon, is "open," meaning all proceedings and records are open to public review.
E-mail: jthalman@desnews.com