SUAREZ, J.
The minor children, C.H.-C., L.H.-C., B.H.-C., T.H.-C., and M.H.-C., by and through their court-appointed Attorney ad Litem, petition for writ of certiorari seeking to quash the order of the trial court granting the Miami Herald access to a redacted transcript of a judicial review hearing. We conclude that the Herald has met the statutory requirement of demonstrating to the trial court that it has a
The children were the subject of a January 17, 2018 judicial review hearing held pursuant to section 39.701, Florida Statutes (2018). The Miami Herald, via its reporter Carol Marbin Miller (also named as a Respondent), was not present at that hearing. The Herald sought to intervene and for access to either a transcript or the audio recording of the hearing. After examining the hearing transcript in camera, hearing arguments from all involved counsel regarding production of the transcript or the recording, and reviewing counsels' proposed redactions, the trial court granted the Herald's request for a copy of the judicial review hearing transcript with only the children's names redacted. The children sought this writ of certiorari to quash that order.
We first note that Chapter 39 hearings, including the one in question, are presumptively open to the public. § 39.507(2), Fla. Stat. (2018). Court records required by Chapter 39, including dependency hearing transcripts or recordings, however, shall not be open to inspection by the public unless the court allows "persons deemed by the court to have a proper interest therein" to inspect those records.
The Herald gave two reasons for its interest in the transcript of the judicial review hearing. First, the Herald asserted that its interest arose out of its coverage of an unrelated case involving a deceased sibling, E.C., who was allegedly murdered by the children's mother. The remaining children's review hearing was not, however, related to that criminal case. Second, the Herald based its interest in this judicial review hearing on its role as surrogate for the public in reporting the performance of the Department of Children and Families, the courts, and private agencies, all of which are tasked with the care and protection of our children. The Petitioners opposed releasing the redacted transcript to the Herald, citing their privacy interest in maintaining the confidentiality of the hearing transcript. The Petitioners asserted that release of information in the redacted transcripts will irreparably harm the children by subjecting them to more scrutiny, material injury that cannot be remedied on appeal.
Section 39.0132(3) gives the trial court the discretion to deem the Respondents to have a proper interest in the requested transcript. The trial court did not depart from the essential requirements of the law in so concluding. Further, the Petitioners have not identified any confidential information or fact contained in the hearing transcript that would cause irreparable harm to the Petitioners as a result of granting the Herald access to the redacted hearing transcript. Finding neither a departure from the essential requirements of law, nor irreparable harm, we deny the petition for certiorari.
Petition denied.