Supreme Court overturns gag order in case of child who died in foster care
West Hawaii Today
KAILUA-KONA — The Hawaii Supreme Court overturned a Family Court’s ruling that prohibited the parents of 3-year-old Fabian Garett-Garcia, who died in foster care last year, from speaking about the case. The Family Court’s gag order, issued in August 2017, prevented the parents from publicly speaking the names of their surviving children or releasing reports related to the case.
The parents, represented by attorney Jeffrey Foster, appealed the ruling to the Hawaii Supreme Court, arguing that the gag order violated their First Amendment rights. The Supreme Court unanimously ruled the gag order unconstitutional, stating that the Family Court failed to justify the prohibition against disclosure of the children’s names and records submitted to the court.
Fabian was pronounced dead on July 25, 2017, at North Hawaii Community Hospital. The pathologist’s report determined the cause of death as blunt force trauma to the head, but the manner of death remains undetermined.
The case had garnered public attention after the parents spoke to the media and posted on social media about their son’s death. In response, the Family Court issued the gag order, which was later modified to restrict the parents from speaking the names of their surviving children in public.
With the Supreme Court’s ruling, the gag order will be lifted in 45 days, allowing the parents to speak publicly about their case. The family expressed gratitude to the Supreme Court justices and hopes for a resolution in the investigation into Fabian’s death. The Department of Human Resources has the option to appeal the ruling.
