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Durham County’s abuse, neglect, and dependency court effectively prohibited anyone involved in child welfare cases—including parents—from discussing their cases with the media, under a new rule issued in late February.
The rule change, approved by Chief District Court Judge Clayton Jones Jr., appears to be a response to our three-part investigation with WBTV, “Best Interest of the Child,” which told the stories of parents who temporarily or permanently lost custody of their children under questionable circumstances. The series revealed a system that often fails to achieve the state’s goal of “preventing [the] breakup of the family” where “desirable and possible.”
The investigation found that Durham County has one of the state’s worst rates of family reunification, and most parents who lose their rights are poor and Black. It reported that the county’s child welfare court already operates with little transparency; legal filings are confidential, and judges typically eject observers from hearings.
But until last month, nothing prevented parents—and, with their permission, their attorneys—from sharing their stories with reporters or community advocates. Our reporting relied on interviews, court and Department of Social Services records, and other documents provided by parents or their supporters.
The new rule would put a stop to that. “No party or attorney shall disseminate case-related information to the media or public that identifies or can lead to the identification of a child or family involved in A/N/D Court,” it says. “Release of such information may be subject to sanctions and contempt of court.”
In other words, violators could now face jail time. Because any parent publicly talking about their dealings with the Department of Social Services could lead to their family’s identification, the new rule makes it all but impossible for the public to scrutinize officials’ handling of child welfare cases.
It also raises significant legal and constitutional questions. Stay tuned for more updates.
Jeffrey Billman reports on politics and the law for The Assembly. Email him at jeffrey@theassemblync.com.