Rule 10-324. Conduct of hearings.

A. Definitions. For purposes of this rule, the following definitions shall apply: (1) General public. A member of the general public is a person who is not a party, the attorney of a party, or the representative of a child’s Indian tribe or tribes when the court knows or has reason to know that the child is an Indian child under the Indian Child Welfare Act; (2) Proper interest in the case. A person with a proper interest in the case is a member of the general public (a) whose attendance is necessary to aid in resolving the issues presented at the hearing; (b) who has a professional relationship with a party; or (c) who has a close personal relationship with a party; and (3) Proper interest in the work of the court. A person with a proper interest in the work of the court is a member of the general public who wishes to attend a closed hearing as a neutral observer for educational, administrative, or other similar purposes. B. Hearings closed to the general public. All abuse and neglect hearings shall be closed to the general public, except as provided under Paragraph E of this rule. Any member of the general public who is permitted to attend a hearing shall not divulge any information that would identify the child or family involved in the proceedings. C. News media. Accredited representatives of the news media shall be allowed to be present at closed hearings, subject to the condition that they refrain from divulging information that would identify any child involved in the proceedings or the parent, guardian, or custodian of that child and subject to enabling regulations as the court finds necessary for the maintenance of order and decorum and for the furtherance of the purposes of the Children’s Code. A child who is the subject of an abuse and neglect proceeding and is present at a hearing may object to the presence of the media. The court may exclude the media if it finds that the presence of the media is contrary to the best interests of the child. D. Children. If the court finds that it is in the best interest of a child under fourteen (14) years of age, the child may be excluded from a hearing under the Abuse and Neglect Act. A child fourteen (14) years of age or older may be excluded from a hearing only if the court makes a finding that there is a compelling reason to exclude the child and states the factual basis for the finding. E. General public. Unless the court excludes all members of the general public from a closed hearing, the court shall inquire of any member of the general public who is present at a closed hearing to determine if the person may attend the hearing. The court may permit the attendance of such a person for part or all of the hearing if the court determines the following: (1) the person has a proper interest in the case or a proper interest in the work of the court; and (2) the person’s interest is consistent with the interests of the parties and of the court, taking into account the following: (a) whether a party objects to the person’s attendance, including the reasons for the objection; (b) whether a party supports the person’s attendance, including the reasons for the support; (c) whether the person’s attendance will be in the best interests of a child who is a party to the proceedings; (d) whether the person’s attendance will affect any party’s ability to participate in the hearing; (e) whether the person’s attendance will promote or impede the efficient resolution of the hearing; and (f) whether any other interest of the parties or of the court weighs in favor of or against the person’s attendance at the hearing.