Saturday, October 17, 2026
Hawai'i Free Press

Current Articles | Archives | Search

Thursday, July 11, 2024

Ariel Sellers Murder: Family Court Refuses to Release Secret Records “because of the impression of DHS and the family court that it might create” 

By Andrew Walden @ 10:47 PM :: 4224 Views
 

Kalua Case: Family Court Refuses to Release Secret Records relating to Torture and Murder of Foster Girl

by Andrew Walden

Hawaii’s secretive Family Court system continues to fight tooth and nail to avoid releasing Court and DHS records relating to the torture and murder of six-year-old Ariel Sellers (Isabella Kalua).

On December 13, 2023 the Public First Law Center (formerly Civil Beat Law Center) asked the Oahu Family Court to unseal records pertaining to the case.  On June 10, 2024, Family Court Judge Matthew Viola refused to release records other than the text of a Court-ordered Special Master’s Report on the case, “because of the impression of DHS and the family court that it might create.” 

Public First is now requesting the State Supreme Court (SCPW-24-0000464) issue a Writ of Mandamus ordering the family court to disclose. 

From the text of the petition:

This petition by Public First Law Center (Public First) concerns public access to family court records where a state-sponsored foster and adoption placement results in the death of a child. The deceased child is Isabella P. Kalua f.k.a. Ariel Sellers (Isabella). The records at issue are her child protective act and adoption case files—proceedings brought under Hawai`i Revised Statutes (HRS) chapters 587A and 578, respectively.

For more than two years, the Department of Human Services (DHS) supervised Isabella’s care through the family court. Less than a year after her adoption, Isabella went missing and has since been declared dead. Prosecutors allege that her DHS recommended foster and adoptive parents, Isaac and Lehua Kalua, kept Isabella locked in a dog cage, starved, and slowly murdered her. Isabella’s estate alleges that DHS was negligent in placing her with the Kaluas—who had a history of serious crimes, no prior parenting experience, and were financially distressed—and that DHS overlooked a multitude of warning signs indicative of abuse and neglect.

Given the unusual circumstances of Isabella’s death, the family court here rightly determined that the disclosure standards were met. The court found a “legitimate purpose” for disclosure under HRS § 587A-40 because it would contribute to public understanding of how DHS and the family court address the problem of child abuse and neglect and how specifically the Kaluas were allowed to take custody of and eventually adopt Isabella. The court found there was “good cause” to disclose adoption records under HRS § 578-15 insofar as it would serve that legitimate purpose.

And yet, despite holding that the disclosure standards were satisfied, the family court disclosed no records from either case—not even the case dockets. The court reasoned that personal information about Isabella’s siblings must be redacted and what remained after redactions could not be disclosed because it would present a “distorted and misleading picture” of what happened.  The family court held that the redacted record could not be disclosed because of the impression of DHS and the family court that it might create….

read … FULL PETITION SCPW-24-0000464

COVERAGE:

RELATED:

Comments