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PROVO — All documents and hearings in the juvenile court case involving four of the children of Ruby and Kevin Franke will be closed to the public and to media organizations, a judge ruled Tuesday.
The 4th District Court order said because the children and parents "had an extensive social media presence" — Ruby Franke had over 2 million followers on her "8 Passengers" YouTube channel featuring her family — media coverage of the juvenile case has been extensive, and there has been an "unusually high interest" in the case in general.
An attorney for the children in the case requested the case be private, and the order filed by Judge Suchada Bazzelle said all of the other attorneys in the case agreed to the measure. The order said the juvenile court is allowed to exclude anyone from a hearing, and restrict access to documents.
Bazzelle said in the order that she "carefully considered" all of the interests, and attempted to find a solution that would protect the children and parties, while allowing the court to be transparent.
The order cited a hearing on Sept. 7, days after Ruby Franke, a Springville mom, was charged with aggravated child abuse of her children, when a member of the press attended the hearing without letting anyone know and later published what the order called "highly sensitive" and "intensely private" information about the Franke children to a worldwide audience.
"Despite any interest the public or press may have, the safety, welfare, and best interests of the children in this case are of the utmost importance," the judge's order said.
In this case, the order said, when "highly confidential" information about the children is publicly available, "the best interests of the children are immediately placed in jeopardy."
It said safeguards are needed in this case to guarantee a "fair, impartial and private process."
From now on, only people who are able to verify a family relationship to the children and those entitled to be in the courtroom by Utah law will be allowed at any future hearings. The order also said family members are prohibited from sharing any information discussed in the proceedings on social media or with anyone not affiliated with the case.
Court permission is required before any documents associated with the juvenile case will be passed to anyone, according to the order.
Ruby Franke's criminal case in the 5th District Court is still public, and there have been no requests to make it private. She is charged with six counts of aggravated child abuse, a second-degree felony, along with her business partner Jodi Hildebrandt.
Court documents said one of Franke's children escaped from Hildebrandt's home and asked a neighbor to reach out to police. He had been duct taped and was malnourished, and another of Franke's children was also found malnourished, according to police.
The women were running the YouTube channel and a company called Connexions Classroom, or ConneXions. YouTube took the ConneXions and "8 Passengers" channels down after their arrests.
A hearing was scheduled for both Ruby Franke and Hildebrandt on Sept. 18, but the hearing was cancelled after attorneys determined they would need additional time to review the case and asked for a hearing after Oct. 5. That next hearing has still not been scheduled.
