 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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March 8, 2005 Ms. Karol H. Davidson
OR2005-01983 Dear Ms. Davidson: You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 218777. The Texas Youth Commission (the "commission") received a request for "a verifiable history of [a named individual's] whereabouts and income for the past two (2) years." You claim that the requested information is excepted from disclosure under section 552.101 of the Government Code. We have considered the exception you claim and reviewed the submitted information. Initially, we note that the requestor asserts that he has a right of access to the requested information pursuant to section 668 of title 34 of the Code of Federal Regulations. However, the requestor has not specified which subsection authorizes the release of the requested information to him, nor, upon review, are we able to determine that the requestor has a right of access under these regulations. See 34 C.F.R. §§ 668.1-156; see also 34 C.F.R. § 668.51(b) (the applicant for financial aid shall provide specified documents or information upon an institution's request)(emphasis added). Accordingly, we find that the requested information may not be released to the requestor pursuant to section 668 of title 34 of the Code of Federal Regulations. Next, section 552.101 of the Government Code excepts from disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." This section encompasses information protected by other statutes. Section 61.073 of the Human Resources Code provides as follows: The commission shall keep written records of all examinations and conclusions based on them and of all orders concerning the disposition or treatment of each child subject to its control. Except as provided by Section 61.093(c), these records and all other information concerning a child, including personally identifiable information, are not public and are available only according to the provisions of Section 58.005, Family Code, Section 61.0731, Human Resources Code, and Chapter 61, Code of Criminal Procedure. Hum. Res. Code § 61.073.(1) In addition, section 61.0731 of the Human Resources Code provides as follows: (a) In the interest of achieving the purpose of the commission and protecting the public, the commission may disclose records and other information concerning a child to the child and the child's parent or guardian only if disclosure would not materially harm the treatment and rehabilitation of the child and would not substantially decrease the likelihood of the commission receiving information from the same or similar sources in the future. Information concerning a person who is age 18 or older may not be disclosed to the person's parent or guardian without the person's consent. (b) The commission may disclose information regarding a child's location and committing court to a person having a legitimate need for this information. Id. § 61.0731. Based on your representations and our review of the submitted information, we find that this information is encompassed by section 61.073. We note that the requestor has submitted a document signed by the youth authorizing the release of the requested information to the requestor. You argue that under section 61.0731, the requested information may only be released to the child or the child's parent or guardian, and not by signed authorization to third parties. After considering your arguments and reviewing the information at issue, we find that the release of the requested income information in this instance is not authorized under section 61.0731 of the Human Resources Code. Accordingly, we conclude that the commission must withhold the requested income information under section 552.101 of the Government Code in conjunction with section 61.073 of the Human Resources Code. Next, we note that section 61.0731(b) provides for the release of information regarding a child's location to a person having a legitimate need for this information. Therefore, we conclude that the commission may release the submitted location information to the requestor if the commission determines that the requestor has a legitimate need for this information. This letter ruling is limited to the particular records at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other records or any other circumstances. This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For example, governmental bodies are prohibited from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the governmental body wants to challenge this ruling, the governmental body must appeal by filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full benefit of such an appeal, the governmental body must file suit within 10 calendar days. Id. § 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the governmental body does not comply with it, then both the requestor and the attorney general have the right to file suit against the governmental body to enforce this ruling. Id. § 552.321(a). If this ruling requires the governmental body to release all or part of the requested information, the governmental body is responsible for taking the next step. Based on the statute, the attorney general expects that, upon receiving this ruling, the governmental body will either release the public records promptly pursuant to section 552.221(a) of the Government Code or file a lawsuit challenging this ruling pursuant to section 552.324 of the Government Code. If the governmental body fails to do one of these things, then the requestor should report that failure to the attorney general's Open Government Hotline, toll free, at (877) 673-6839. The requestor may also file a complaint with the district or county attorney. Id. § 552.3215(e). If this ruling requires or permits the governmental body to withhold all or some of the requested information, the requestor can appeal that decision by suing the governmental body. Id. § 552.321(a); Tex. Dep't of Pub. Safety v. Gilbreath, 842 S.W.2d 408, 411 (Tex. App.--Austin 1992, no writ). Please remember that under the Act the release of information triggers certain procedures for costs and charges to the requestor. If records are released in compliance with this ruling, be sure that all charges for the information are at or below the legal amounts. Questions or complaints about over-charging must be directed to Hadassah Schloss at the Texas Building and Procurement Commission at (512) 475-2497. If the governmental body, the requestor, or any other person has questions or comments about this ruling, they may contact our office. We note that a third party may challenge this ruling by filing suit seeking to withhold information from a requestor. Gov't Code § 552.325. Although there is no statutory deadline for contacting us, the attorney general prefers to receive any comments within 10 calendar days of the date of this ruling. Sincerely, Tamara L. Harswick
c: Mr. Mark McCarty
Footnotes 1. Section 61.093(c)of the Human Resources Code authorizes the disclosure of information relating to a child who has escaped from custody. Section 58.005(a) of the Family Code provides that information obtained for the purpose of diagnosis, examination, evaluation, or treatment of a child by an agency providing supervision of a child by arrangement of the juvenile court or having custody of the child under order of the juvenile court may be disclosed only to certain specified persons or under certain specified circumstances. Chapter 61 of the Code of Criminal Procedure is applicable to information that pertains to criminal combinations and street gangs. None of the submitted information appears to be subject to section 61.093 of the Human Resources Code, section 58.005(a) of the Family Code, or chapter 61 of the Code of Criminal Procedure. POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB:WWW.OAG.STATE.TX.US |