San Bernardino County Department of Public Social Services v. Superior Court

—In this case, we hold that the constitutionally protected public right of access to trials and pretrial proceedings in criminal cases does not extend to juvenile dependency proceedings. However, members of the press are persons having a “direct and legitimate interest in the work of the court” and may be permitted to attend such proceedings in the exercise of the juvenile court’s discretion under Welfare and Institutions Code section 346. In this case, however, the juvenile court abused its discretion in allowing The Sun Newspaper (Sun), real party in interest, to attend the proceedings subject to limitations on its right to investigate and publish.

Facts

On October 24, 1990, petitioner, Department of Public Social Services for the County of San Bernardino (DPSS), filed petitions pursuant to section 300 to have the seven minor children of Joseph S. and Sandra S. declared dependents of the juvenile court. The primary basis for each of the petitions was allegations of neglect and abuse by the parents against their daughter, Rose S. According to reports published in the Sun, Rose had been kept locked in a closet by the parents for most of 10 years. When she was found,…