Charlie v. Whitman

213 F.R.D. 240, 55 Fed. R. Serv. 3d 331, 2003 U.S. Dist. LEXIS 4359, 2003 WL 1451280
CourtDistrict Court, D. New Jersey
DecidedMarch 20, 2003
DocketCivil Action No. 99-3678 (SRC)
StatusPublished
Cited by5 cases

This text of 213 F.R.D. 240 (Charlie v. Whitman) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charlie v. Whitman, 213 F.R.D. 240, 55 Fed. R. Serv. 3d 331, 2003 U.S. Dist. LEXIS 4359, 2003 WL 1451280 (D.N.J. 2003).

Opinion

MEMORANDUM OPINION

HUGHES, United States Magistrate Judge.

This matter comes before the Court upon Motion of The New York Times Company, publisher of The New York Times (“The Times”) for leave to intervene in the above captioned matter pursuant to Federal Rule of Civil Procedure 24(b) for the limited purpose of clarifying and/or modifying the current Confidentiality Order and Stipulation dated June 25, 2002. Plaintiffs Charlie and Nadine H, as class representatives, have no objection, and in fact, have filed a Brief in support of The Times’ Motion to Intervene. Additionally, the Court received a letter application dated February 12, 2003 from the Newark Morning Ledger Company, publisher of The Star Ledger (“The Ledger”), a New Jersey newspaper, requesting permission to join the Motion to Intervene filed by The Times.1 Defendants Christine Todd Whitman2, as Governor of the State of New Jersey; Michele K. Guhl, as Commissioner of the Department of Human Services; Charles Venti, as Director of the Division of Youth and Family Services of the State of New Jersey (“Defendants”), however, oppose the Motion and have filed a separate Motion for a Protective Order.3 On February 14, 2003, the Court granted permission to The Ledger to join the Motion to Intervene filed by The Times. On March 3, 2003, the Court granted the The Times’ Motion to Intervene and The Ledger’s application for intervention for purposes of being heard on issues relating to obtaining access to Defendants’ documents.4

The Motion of the Interveners seeks to permit public disclosure of certain records produced in discovery by the New Jersey Division of Youth and Family Services (“DYFS”). The Motion for a Protective Order, citing a variety of state and federal statutes addressing confidentiality of such records and the agreed upon confidentiality order in place, seeks to preclude disclosure. The Court has reviewed the written submissions of the parties and conducted oral argument on March 3, 2003 and March 14, 2003.

For the reasons that follow, the Motion of the Interveners to disclose Defendants’ documents is granted in part and denied in part, and the Interveners will be provided limited access to the DYFS records after certain reasonable limitations have been met.

I. BACKGROUND

On August 4, 1999, Plaintiffs, Charlie and Nadine H., siblings aged eleven and nine, who have been in the custody and care of Division of Youth and Family Services for [243]*243over five years, commenced this action by filing a 131 page, 409 paragraph Complaint. In their Complaint, Plaintiffs named and discussed twenty other plaintiffs, who also have been or are still under the custody and care of DYFS. The Plaintiff Class has been certified by the District Court and the class representatives are: Jason, Jennifer, and Patti W., siblings aged ten, eight, and six who were removed from their mother’s custody three years ago; Dennis M. And Denise R., siblings aged eight and seven who were removed from their mother’s custody in 1995; Marco and Juan C., siblings aged eight and ten who were removed from their mother’s care for the second time in 1995; Dolores and Anna G., siblings aged four and seventeen months who have been in DYFS’s custody since August 1998; Kyle J., age one-and-half who has been in foster care since birth; Ryan, Christopher, and Melissa H., siblings who currently live with their mother despite numerous reports of abuse and neglect; Ricky, Daniel, and Thomas M., siblings who currently live with their mother, but have spent most their lives in DYFS custody; and Barry M., age seventeen who has been in and out of DYFS custody since the age of four (“Plaintiffs or Plaintiff Class”) as well as many others who, according to Plaintiffs, continue to live under abusive and neglectful environments. Charlie H. and Nadine H. v. Whitman, 83 F.Supp.2d 476, 480 (D.N.J. 2000).

Plaintiffs describe the details of the lives of other class members in DYFS’s care to illustrate and allege a systemic failure on the part of the Defendants to protect the Plaintiffs from harm and to provide their families with support and services in order to maintain adequate health and safety. (Compl.K 27). Additionally, Plaintiffs allege and argue that the failure of the child welfare system is a result of poor management of DYFS. (Compl.K 28). Specifically, Plaintiffs allege that the overburdening of DYFS causes high turnover rates of caseworkers who provide direct services to the children in care. (Compl.K 31). In turn, the turnovers have resulted in gaps in providing services to the children in DYFS who eventually fall through the cracks. Again, Plaintiffs’ Complaint goes on to describe the effects of these gaps in heart-wrenching detail by providing details of the abuses that the children have endured while in the custody of DYFS. For example, Plaintiffs allege sexual, physical and psychological abuses where in one instance, a plaintiff was nearly killed. (See Compl. ¶¶ 84, 85, 108, 127, 134, and 74). Furthermore, Plaintiffs allege the lack of medical services and other special needs that Defendants have failed to address. (See Compl. ¶¶ 93, 105, 107, 122, 131-32, 139, and 180). As the District Court noted, “there is no other term than tragic to summarize the facts as alleged by Plaintiffs.” Charlie H. and Nadine H., 83 F.Supp.2d at 480.

Most recently, the tragic death of Faheem Williams and the abuse of his siblings, who were familiar to DYFS, have encouraged the Plaintiffs and the Interveners to request a modification of the existing Confidentiality Order, which governs disclosure of discovery in this class action. Plaintiffs argue that in light of the ongoing institutional deficiencies, it is their hope that informing the public would place DYFS under public scrutiny and thereby encourage or facilitate an overhaul of the child welfare system to improve the lives of the state’s most vulnerable children. The Interveners assert the public’s right to know in support of their Motion and application for modification of the Confidentiality Order.

Plaintiffs and the Interveners contend that the existing Confidentiality Order is too broad. Specifically, the Interveners seek to permit disclosure of the following: (1) public disclosure of all discovery materials pertaining to child fatality and near fatality cases without redaction and (2) public disclosure of all discovery materials pertaining to living children subject to the redaction of the names or other identifying information pertaining to the children and their families. Moreover, the Interveners argue that Defendants have a burden of demonstrating that there is good cause to maintain the current Confidentiality Order especially when it involves issues of great public concern as here.

Defendants counter the Interveners by stating that disclosure of such sensitive and confidential information will compromise the anonymous reporting of abuse or neglect and [244]*244impact the privacy of the children and families involved with DYFS. Defendants argue that the information sought by the Plaintiffs and Interveners will only further sensationalize the tragic death of Faheem Williams rather than to inform the public and lead to meaningful compromise in the current system.

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213 F.R.D. 240, 55 Fed. R. Serv. 3d 331, 2003 U.S. Dist. LEXIS 4359, 2003 WL 1451280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charlie-v-whitman-njd-2003.