The welfare of a 12-year-old girl whose parents are accused of starving her would be harmed if state records about the case are released, according to a family court order issued this week.

The order, by Family Court Judge Bode A. Uale, states the records release would generate "additional publicity and potentially be harmful to her and not be in her best interests as she tries to live a normal and productive life for which she is entitled."

Uale ordered that "all records and related files of this case are deemed confidential and are not to be released without prior order of this court."

The state's top child welfare official, Lillian B. Koller, yesterday said she believes the records should be released. Also, the state attorney's office will be filing a motion asking the judge to reconsider, said Koller, director of the state Department of Human Services.

"I recognize the pain and stigma in disclosure, but there are other interests at hand, the interests of other children that could be affected if the system needs to be fixed. We need to protect all the children in the future and we need to have a frank and honest discussion to prevent a tragedy like this from happening again," Koller said.

"The process can't be changed if we don't open it up. In order to improve the system, you have to let the public and lawmakers into it."

Koller said: "How are they (legislators) supposed to pass legislation to fix it (the child welfare system) if all they can do is conjecture from the outside? They won't know what to fix if they haven't seen the records."

QUESTIONS RAISED

Koller has acknowledged the girl's case has led to questions about the state's intervention on her behalf.

The family court order prevents DHS from releasing "administrative" records from the case involving the girl and the girl's parents, Denise M. Wright and Melvin Wright Jr. The Wrights were indicted July 3 on charges of attempted second-degree murder after the girl was taken into state custody, allegedly in a malnourished state.

The Wrights pleaded no contest in 2000 to a misdemeanor charge after being accused of locking the girl in a room for 12 hours a day, without food, water or bathroom access. The state took custody of the girl at the time but returned her to the Wrights after three days.

The Wrights were ordered to attend parenting classes and had the case against them dropped after they abided by conditions similar to probation for a year.

Uale issued the order Tuesday following a request filed on the child's behalf by her court-appointed lawyer, William H. Durham.

Durham declined comment on the order when reached by phone yesterday.

WEB POSTING BLOCKED

DHS had been scheduled to post records from the 2000 case on its Web site this week, but Uale's order blocked it. DHS officials had said they would be releasing records, including medical records, police reports and witness statements this week related to the 2000 incident.

Koller said yesterday she believes a DHS administrative rule allows her discretion to release the records. The state attorney general's office is preparing to file a motion asking Uale to reverse his decision and allow the state to release the records, Koller said.

Attorney General Mark J. Bennett did not return a message seeking comment on the matter yesterday.

The 12-year-old girl reportedly suffered brain damage and is developmentally disabled as a result of lack of food. She was found in January in her parents' apartment, allegedly emaciated and malnourished, and was placed in state custody.

Reach Peter Boylan at pboylan@honoluluadvertiser.com.