In re FGAnnotate this Case
The Supreme Court vacated the family court’s order in this Hawaii Revised Statutes Chapter 587A Child Protective Act (CPA) proceeding arising from the death of Parents’ three-year-old child, FG, who died while in foster care.
Parents and their children had been under the supervision of the Department of Human Services (DHS) since 2016. When FG died, Parents shared information related to the foster placement and FG’s death on social media and with a local news organization. The family court issued on order preventing all parties to the CPA proceeding from (1) disclosing the names of the children still in foster custody to the general public, and (2) releasing reports or other information that “have been or will be” submitted to the family court relating to the case or the Parents’ two surviving children. The Supreme Court vacated the order, holding that the family court (1) failed to make the findings required to establish that the prohibition against disclosure of the children’s names survives a First Amendment challenge; and (2) failed adequately to explain the basis for the portion of its order prohibiting disclosure of records that have or will be submitted to the family court, and the record was insufficient to support its issuance.