Judge Rules Media Can See Documents Detailing Abuse, Neglect, and Deaths of Children in New Jersey F

PRESS RELEASE

Decision in favor ofNew York Times' claim that public has right to know how children can "fall through bureaucratic cracks, disappear, and suffer unspeakable brutality and death."

Magistrate Judge John J. Hughes, of the U.S. District Court for the District of New Jersey, ruled today that certain documents collected during discovery in the lawsuit Charlie and Nadine H. v. McGreevey, can be released to local and national media. Judge Hughes accepted arguments by Children's Rights, The New York Times and The Star Ledger that the documents should be made public. He rejected arguments by the New Jersey Attorney General and the Division of Youth and Family Services (DYFS) to keep the records from public view.

The records in question document abuse, neglect, and even deaths of children in DYFS custody, and indicate how DYFS responded or failed to respond appropriately in each situation. Citing the enormous public interest in the plight of children under the care of DYFS, Judge Hughes ruled that the state should not be allowed to convert a legitimate interest in protecting individuals' privacy into a shield to deflect public scrutiny from the functioning of a public agency. Judge Hughes stated:

Ordinarily, there is every good reason to shield records of vulnerable children in foster care. But in the wake of the unimaginable death of Faheem Williams and abuse of his brothers, that protection should not extend to DYFS cases involving "death," "critical incidents," and "substantiated" reports of child abuse.

Dedicated DYFS workers need not fear this public scrutiny as it, undoubtedly, will highlight their hard work and, hopefully, lead to greater public awareness and assistance. The ultimate basis for the Court's decision is two-fold - a concern that we all share - the safety and welfare of our children - and the Court's belief that letting in some reasonable sunlight on the way government works will serve to protect these children by providing the resources necessary to accomplish that goal.

"This decision could help save children's lives," stated Marcia Robinson Lowry, Executive Director of Children's Rights, the national child advocacy organization that filed the Charlie and Nadine H. lawsuit on behalf of New Jersey's foster children in 1999 along with the New Jersey law firm of Lowenstein Sandler. "The public has a right to know how New Jersey fails to protect its children. But the state has sought to hide itself from public scrutiny and accountability for years. Its loss in court today means that the whole truth can be put forward for public review, real problems can be identified and real solutions found. That is the only way children's lives will be saved in the future."

In early January 2003, after the tragic death of Faheem Williams in Newark, local and national news media outlets contacted Children's Rights seeking access to DYFS documents that Children's Rights had received through discovery. Children's Rights redacted the documents (removing any information that would personally identify a child) and asked permission of the court to release the documents. The state, however, objected to any disclosure, regardless of whether the documents were redacted.

Children's Rights works throughout the United States in partnership with national and local experts, advocates and government officials to document the needs of children in the care of child welfare systems. Children's Rights helps develop realistic solutions and, where necessary, uses the power of litigation to ensure that reform takes place.