Yes, Abused Children are at Risk in Open Dependency Courts: A Rebuttal to Witkin

Am J Law Med. 2025 Mar;51(1):100-124. doi: 10.1017/amj.2025.19. Epub 2025 May 8.

ABSTRACT

Nathan Witkin, in his article The Cost of Closed Doors…, attempts to reframe the question of whether child dependency proceedings should be open or closed to the public and press by positing a balancing test between “dependent families seeking privacy…and the macro-level benefits of a more transparent system.” Witkin’s hypothesis is that opening dependency proceedings educates the public that child welfare spending must be increased, that transparency leads to “greater per capita” spending in open versus closed dependency systems, and finally, that more child welfare spending will result in fewer per capita child welfare fatalities in open court states. This article will examine both sides of Witkin’s proposed balancing test to demonstrate that his approach fails to prove his hypotheses. First, it will discuss how Witkin’s almost total reliance on twenty-five to thirty-year-old psychological studies rather than on contemporary mental health research substantially understates the potential dangers to child abuse victims, especially LGBTQ+ and polyvictimized children, from opening child dependency proceedings. Second, it will present evidence that the welfare budgets did not constantly increase in some closed court states that were later opened to the public, but rather fluctuated through sporadic ups and downs which over time resulted in almost no net longitudinal budgetary increases. Second, those originally closed courts that were later opened had their child fatality rates actually increase which is the opposite of Witkin’s predictions.

PMID:40337899 | DOI:10.1017/amj.2025.19