Durham Child Custody Court Prohibits Parents from Speaking to Media

It’s Thursday, March 21.

Thanks to this week’s sponsor: The Nasher Museum is proud to present María Magdalena Campos-Pons: Behold. The exhibition spans nearly four decades of the artist’s work in photography, installation, video, painting and performance. Her practice embraces the eye of the artist as a tool for witnessing the world with beauty, care and empathy.  

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Good morning, readers. 

Late last year, we republished a three-part investigative series (see here, here, and here) from our partners at The Assembly and WBTV focused on Durham County’s abuse, neglect, and dependency court. 

Durham has one of the worst rates of family reunification in the state, and most parents who lose their child custody rights are poor and Black. The series told the stories of several parents and families who temporarily or permanently lost custody of their children under questionable circumstances. 

In a new rule issued in late February, and approved by Chief District Court Judge Clayton Jones Jr., the court has prohibited anyone involved in child custody cases, including lawyers and parents, from speaking with the media. 

The move comes in apparent response to the investigative series which shed light on a system that routinely fails to achieve the state’s goal of “preventing [the] breakup of the family” where “desirable and possible.”

The series reported “that the county’s child welfare court already operates with little transparency; legal filings are confidential, and judges typically eject observers from hearings,” writes Jeffrey Billman, The Assembly reporter (and former INDY editor-in-chief) who co-reported the stories. 

“But until last month, nothing prevented parents—and, with their permission, their attorneys—from sharing their stories with reporters or community advocates,” Billman writes. “Our reporting relied on interviews, court and Department of Social Services records, and other documents provided by parents or their supporters.”

Violators of the new rule could face jail time for disseminating “case-related information to the media or public that identifies or can lead to the identification of a child or family involved in A/N/D Court,” according to the new rule. This makes it much more difficult for reporters or other stakeholders to investigate county officials’ handling of child welfare cases.

And, as Billman notes, it raises significant legal and constitutional questions. 

Have a good Thursday.

—Jane

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