Indiana

The circumstances that led to two siblings being deemed as children in need of services and the media attention their family received don't justify the trial court allowing the media access to the children's CHINS records, the Indiana Court of Appeals ruled today.

Siblings K.B. and B.L. were removed from their parents' care in April after criminal charges were filed against the mother, Amanda Brooks Lay, and the father, Terry Lay, for the death of their child, K.L., and the battery and neglect of K.B. and B.L. Shortly after charges were filed, the Vanderburgh trial court granted the media access to K.B. and B.L.'s CHINS records, citing Indiana Code Section 32-39-2-10 and previous access granted to CHINS cases.

In In the Matter of: K.B. and B.L., Amanda Brooks Lay, mother v. Department of Child Services, No. 82A03-0806-JV-266, Amanda Lay challenged granting the media access to the records. Lay filed a motion to correct error. The Vanderburgh County Department of Child Services also shared its concerns of opening the records to the media but left the decision to the trial court's discretion. The court denied Lay's motion.

But the trial court should never have granted media access to records dealing with K.B. and B.L., because the investigatory report by the caseworker, which is governed by I.C. Section 31-33-18-2, doesn't allow for media representatives to access the report, wrote Judge Michael Barnes. The investigatory report is confidential and not to be made available to the public.