Open Records Decision No. 440
October 6, 1986

	Re:  Whether records of an investigation into allegations of sexual abuse of 
children at the Texas School for the Deaf are excepted from disclosure under the Open 
Records Act, article 6252-17a, V.T.C.S.

Mr. Glenn Williams
Police Legal Advisor
City of Austin
Police Department
715 East 8th Street
Austin, Texas  78701

Dear Mr. Williams:

	On behalf of the city of Austin, you request our decision under the Texas Open 
Records Act, article 6252-17a, V.T.C.S.  The Austin Police Department has received a 
request "for access to records of an investigation into allegations of sexual abuse of 
children at the Texas School for the Deaf."  It is unclear from your request whether you 
ask about investigations of child abuse reported pursuant to chapter 34 of the Family 
Code or criminal investigations of alleged violations of chapter 21 of the Penal Code.  
For purposes of this decision, we will assume you ask about both.  You assert that the 
requested information is excepted from public disclosure pursuant to sections 3(a)(1) and 
3(a)(3) of the act, which except information deemed confidential by law and information 
relating to litigation, respectively.

	For reasons hereinafter explained, we agree that the requested materials are 
excepted under section 3(a)(1) of the act which excepts from public disclosure 
"information deemed confidential by law, either Constitutional, statutory or by judicial 
decision."  Because we conclude that the information requested is excepted under section 
3(a)(1) of the act, we need not address your section 3(a)(3) argument.  We turn first to a 
discussion of chapter 34 of the Family Code.

	Chapter 34 of the Family Code sets forth requirements regarding reports of child 
abuse.  Various sections detail who is required to make such reports and to whom such 
reports are to be made.  These sections specify the nature of the investigation and the 
report of the receiving agency and provide that failure to so report is a Class B 
misdemeanor.  The Texas Department of Human Services is required by section 34.06 to 
establish and maintain a central registry of reported cases of child abuse or neglect and is 
authorized to promulgate rules in order to carry out the provisions of the section.  Section 
34.08 of the Family Code provides the following:

	The reports, records, and working papers used or developed in 
an investigation made under this chapter are confidential and may 
be disclosed only for purposes consistent with the purposes of this 
code under regulations adopted by the investigating agency.

You inform us that "[t]he Austin Police Department has not adopted regulations which 
permit the dissemination of reports involving the investigation of child abuse to anyone 
other than [to] law enforcement agencies."

	If the records sought in this instance consist of "reports, records, and working 
papers used or developed in an investigation" under chapter 34, then, by its very terms, 
section 34.08 makes such information confidential.  Accordingly, we conclude that such 
materials are excepted from required public disclosure pursuant to section 3(a)(1) of the 
Open Records Act.  See Open Records Decision Nos. 176 (1977); 49 (1974).

	If, on the other hand, the records sought in this instance consist of criminal 
investigations of alleged violations of chapter 21 of the Penal Code, such records are also 
excepted from required public disclosure pursuant to section 3(a)(1).  In Open Records 
Decision No. 393 (1983), this office specifically held that a police report regarding 
sexual abuse of a child is excepted from public disclosure under the common law right of 
privacy.  See also Open Records Decision No. 339 (1982).

Very truly yours,

Jim Mattox
Attorney General of Texas

Jack Hightower
First Assistant Attorney General

Mary Keller
Executive Assistant Attorney General

Rick Gilpin
Chairman, Opinion Committee

Prepared by Jim Moellinger
Assistant Attorney General