 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
 |
March 26, 2010 Ms. Cary Grace Assistant City Attorney City of Austin P.O. Box 1088 Austin, Texas 78767-8828 OR2010-04275 Dear Ms. Grace: You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 374008. The Austin Police Department (the "department") received a request for a specified incident report. You claim that the submitted 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. We have also received and considered comments from the requestor. See Gov't Code § 552.304 (providing that interested party may submit comments stating why information should or should not be released). Section 552.101 of the Government Code excepts from disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." Id. § 552.101. Section 552.101 encompasses section 261.201 of the Family Code, which provides as follows: (a) [T]he following information is confidential, is not subject to public release under [the Act] and may be disclosed only for purposes consistent with this code and applicable federal or state law or under rules adopted by an investigating agency: (1) a report of alleged or suspected abuse or neglect made under this chapter and the identity of the person making the report; and (2) except as otherwise provided in this section, the files, reports, records, communications, audiotapes, videotapes, and working papers used or developed in an investigation under this chapter or in providing services as a result of an investigation. . . . (k) Notwithstanding Subsection (a), an investigating agency, other than the [Texas Department of Family and Protective Services] or the Texas Youth Commission, on request, shall provide to the parent, managing conservator, or other legal representative of a child who is the subject of reported abuse or neglect, or to the child if the child is at least 18 years of age, information concerning the reported abuse or neglect that would otherwise be confidential under this section. The investigating agency shall withhold information under this subsection if the parent, managing conservator, or other legal representative of the child requesting the information is alleged to have committed the abuse or neglect. Fam. Code § 261.201(a), (k). You state the submitted report pertains to an investigation of alleged child endangerment or abandonment. See id. § 261.001(1), (4) (defining "abuse" and "neglect" for purposes of Fam. Code ch. 261); see also id. § 101.003(a) (defining "child" for purposes of this section as person under 18 years of age who is not and has not been married or who has not had the disabilities of minority removed for general purposes). Upon review, we agree the submitted report falls within the scope of section 261.201 of the Family Code. We note the requestor is a parent of the child victims listed in the submitted report. However, the requestor is alleged to have committed the alleged or suspected abuse or neglect; thus, the requestor does not have a right of access under section 261.201(k). You state the department has not adopted a rule governing the release of this type of information. Based on your representations and our review, we conclude the department must withhold the submitted report under section 552.101 of the Government Code in conjunction with section 261.201 of the Family Code. (1) See Open Records Decision No. 440 at 2 (1986) (construing statutory predecessor to section 261.201). This letter ruling is limited to the particular information 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 information or any other circumstances. This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning those rights and responsibilities, please visit our website at http://www.oag.state.tx.us/open/index_orl.php, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act must be directed to the Cost Rules Administrator of the Office of the Attorney General, toll free, at (888) 672-6787. Sincerely, Christina Alvarado Assistant Attorney General Open Records Division CA/rl Ref: ID# 374008 Enc. Submitted documents cc: Requestor (w/o enclosures)
1. We note that a parent or legal representative of a child who is the subject of reported abuse or neglect
may have a right of access to certain abuse and neglect records maintained by the Texas Department of Family
and Protective Services ("DFPS"). Section 261.201(g) of the Family Code provides that DFPS, upon request
and subject to its own rules, shall provide to the parent, managing conservator, or other legal representative of
a child who is the subject of reported abuse or neglect information concerning the reported abuse or neglect that
would otherwise be confidential under this section if [DFPS] has edited the information to protect the
confidentiality of the identity of the person who made the report and any other person whose life or safety may
be endangered by the disclosure. See Fam. Code § 261.201(g).
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |