FEB 18, 2023
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Answers about any abuse Orrin, 4, and Orson, 3, West may have faced remain elusive after the Kern County Department of Human Services denied a records request by The Californian made nearly a month ago. It's a decision lawyers described as falling on shaky legal ground. Records pursuant to Senate Bill 39 are to be released within 10 days after a request.
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If a child dies, state Senate Bill 39, which became effective in 2008, requires the release of any abuse or neglect referrals made when the child lived with a parent or guardian, risk and safety assessments of that child, health care records reflecting a pattern of abuse or neglect, and copies of police reports against whom the abuse or neglect was substantiated.
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An email to The Californian from DHS senior paralegal Etta Sharp said a gag order implemented by a Kern County Superior Court judge in the Wests’ criminal case sealed records, including documents that “may be in our agency’s possession.”
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But a gag order enacted by a trial court judge doesn’t trump a state law requiring disclosing records, David Loy, the legal director at the First Amendment Coalition, said Friday. He added a sweeping gag order also violates First Amendment rights.
“Judges are bound to uphold the law and not ignore it,” he added.
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“I have not seen the most recent 'gag order' but it is my understanding the court expanded it to include juvenile records,” Raison wrote in an email Friday.
It’s also unclear what is limited by the gag order in the Wests' criminal case. There isn’t a physical document written by a judge outlining the gag order's scope, a supervisor at the Kern County Superior Court felony and appeals division confirmed.
The only readily available record detailing the gag order’s breadth is available from the reporting by news media covering the arraignment and another hearing in which it was imposed by Kern County Superior Court Judge Chad A. Louie.
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SB 39 allows the public to know why abuse “happened for no other reason to than to correct the underlying principle,” McMillan said.