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The Honolulu Advertiser
Posted on: Thursday, August 2, 2007

Open records protect people most in need

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Sometimes keeping records confidential has a legitimate purpose, but there's generally an equally legitimate public interest that is sacrificed along the way.

This is the frustrating situation that has emerged as the appalling case of a 12-year-old girl found in a state of starvation has begun its course through the judicial system.

"How could this happen?" was the natural question from the public. The initial impulse from officials of the state Department of Human Services to release the records of the case was their attempt to provide some answers.

Unfortunately, an order issued Tuesday by Family Court barred the release of those documents. The order had been sought by the child's legal representative, but the reasons for the request and the court's decision have not been disclosed.

Although it's impossible to evaluate the wisdom of this ruling, this can still be an occasion to lament the handicap this presents to everyone with hopes of improving our child protection system.

Without knowing how this child slipped through the state's safety net, or learning the circumstances culminating in this tragedy, leaders will be ill-equipped to make any changes necessary to provide a stronger shield for all the other children who need an advocate.

To its credit, DHS has at least adopted a policy that encourages transparency when there's a compelling public purpose.

In the wake of the Peter Kema Jr. missing-child case, the agency adopted rules on confidentiality, laying out the exceptions under which releasing information would be appropriate, including cases in which criminal charges are filed. Among other criteria for release: "to ensure the safety of a child or children subject to harm or threatened harm, or to secure services or benefits for a child or children subject to harm or threatened harm."

DHS officials have pledged, as they should, to release information once the court bar is lifted. That must remain the goal, for the well-being of all Hawai'i's children.