BILL AIMS TO OPEN UP COURTS; FOSTER DISCLOSURES SOUGHT.

Byline: Lee Condon Staff Writer

State Sen. Adam Schiff announced Thursday he has introduced a bill to open court proceedings involving foster children to the public, saying tight secrecy rules have served only to hide flaws and misdeeds within the system.

``The law was originally put in place to protect kids, to avoid giving them the stigma of being identified as a victim of neglect or abuse,'' said Schiff, a Democrat who represents the Burbank-Glendale area. ``It appears the primary purpose today is to hide malfeasance in the system. It has become a shield for the incompetent handling of some of these cases.''

All proceedings in California Dependency Courts are now confidential. Only the judges, lawyers, court staff and the participants in the case are allowed into the courtroom.

But under Senate Bill 1391, the courtrooms would be open to the public and the press unless the court finds a compelling need for a closed session. In order to close the session, the judge would have to make a finding on the record that admitting the public would cause serious harm to the child's best interest.

``Not enough of the public is aware of what goes on in Dependency Court,'' Schiff said. ``We have to let the sun shine in.''

Last month, a blue-ribbon task force told the Los Angeles County Board of Supervisors that the foster care system was in such disarray it could not guarantee the safety of the 13,000 children in its care. The task force was created in reaction to a series of deaths of children in foster care in spring 1999.

Judge Michael Nash, supervising judge for the Los Angeles County Dependency Court, said he supports Schiff's bill.

``Confidentiality has inhibited the public's knowledge about the system. It's resulted in the system being protected rather than the child,'' Nash said. ``When we keep a system behind closed doors, the public loses confidence in the system.''

Both Schiff and Nash said they expect the bill will be opposed by some who feel confidentiality is the most appropriate way to deal with cases involving neglect and abuse of children. At hearings last year by the Senate Select Committee on Juvenile Justice, several lawyers, judges and social workers spoke out strongly against opening Dependency Court to the public.

``This will be a very emotional issue,'' Schiff said.

Los Angeles County Counsel Bill Pellman said his office will not take a position on the bill because it is a policy issue to be determined by lawmakers. Of the 200 lawyers in the County Counsel's Office, which represents county departments, more than half are assigned to Dependency Court.

``We will follow what the law requires,'' Pellman said. ``We have taken positions to preserve confidentiality in the past because that's what we believe the state and federal laws require.''

The California Newspaper Publisher's Association has been strongly in favor of opening Dependency Court proceedings to the public.

Jim Elwert, an advocate for the association, said the bill ``provides a reasonable balance between the interests of the public to monitor an institution and the interest in protecting the most vulnerable citizens in our society.''