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Thursday, December 06, 2007

Ind. Decisions - Marion County juvenile court orders release of the juvenile court file and the much larger DCS case file in TaJanay Bailey case

Jon Murray of the Indianapolis Star reports today:

About 1,500 pages from the state Department of Child Services case file on TaJanay Bailey are expected to be released this morning by Marion County juvenile court.

The records could shed more light on the decision to send TaJanay home for a 30-day trial visit with her mother, Charity Bailey, and Bailey's boyfriend, Lawrence Green, both 20. Both face murder and neglect charges in TaJanay's Nov. 27 death.

On Friday, Judge Marilyn Moores ordered the release of both the juvenile court file and the much larger DCS case file.

The state agency's lawyers argued in favor of the release. But Charity Bailey's attorneys vigorously opposed it, and this week they have filed motions with Moores and the Indiana Court of Appeals seeking to reverse the decision or halt the remaining documents' release temporarily.

The Indianapolis Star is among the media outlets seeking the records.

The court's file was given to the media immediately Friday, but the judge delayed the DCS case file's release so she could redact portions to comply with state and federal privacy laws.

On Monday, the appeals court denied Bailey's request for an emergency stay. Public defenders representing Bailey have asked the court to consider an expedited appeal of Moores' original ruling.
Separately, Moores already denied their request for a stay from the bench Friday. But the attorneys drafted another request Tuesday to reconsider her order and again asked for a stay.

The judge had not ruled Wednesday.

Bailey's attorneys argue that making the records public would violate her rights to privacy and due process in her criminal case. Some documents include information protected by law from release, the filings say, and any release to the media can't be reversed.

A new hearing has been set for Dec. 18 in juvenile court to consider requests to open documents from other child-welfare cases involving TaJanay and her 6-month-old brother, as well as Charity Bailey's juvenile record.

Earlier this year, efforts by the Indianapolis Star to access adoption records were unsuccessful, in a case where, according to a Star story, "a Hamilton County judge decided in closed court to allow an unmarried New Jersey man to adopt twin girls over the objection of child welfare officials." Here is a list of ILB entries in the adoption records case.

Posted by Marcia Oddi on December 6, 2007 01:20 PM
Posted to Ind. Trial Ct. Decisions