June 1, 2010

Ms. Jessica Sangsvang

Assistant City Attorney

City of Fort Worth, Texas

1000 Throckmorton Street, 3^rd Floor

Fort Worth, Texas 76102

OR2010-07879

Dear Ms. Sangsvang:

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# 381067 (Fort Worth PIR No. 2875-10).

The City of Fort Worth (the "city") received a request for the police reports numbered 09-122927 and 09-112799. You claim the submitted reports are excepted from disclosure under sections 552.101 and 552.108 of the Government Code. We have considered the exceptions you claim and reviewed the submitted information.

Section 552.101 of the Government Code excepts from disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." Gov't Code § 552.101. Section 552.101 encompasses information protected by other statutes, such as section 58.007 of the Family Code. Juvenile law enforcement records relating to delinquent conduct or conduct indicating a need for supervision that occurred on or after September 1, 1997 are confidential under section 58.007. Fam. Code § 58.007. Report number 09-122927 involves juvenile delinquent conduct that occurred after September 1, 1997. See id. § 51.03(a) (defining "delinquent conduct" for purposes of section 58.007). Therefore, section 58.007 is applicable to this report. However, as you acknowledge, a governmental body may not withhold a child's law enforcement records from a parent under section 58.007(c). Id. § 58.007(e). The requestor represents she is the mother of the only juvenile offender listed in this report. Consequently, report number 09-122927 may not be withheld from this requestor under section 58.007. However, pursuant to section 58.007(j), a governmental body may raise other exceptions to disclosure. Id. § 58.007(j)(2). Accordingly, we will address your argument under section 552.108(a)(1) against disclosure of report number 09-122927.

Section 552.101 of the Government Code also encompasses section 261.201 of the Family Code. Section 261.201(a) generally makes confidential working papers used or developed in investigations of child abuse or neglect. Id. § 261.201(a). Upon review, we find report number 09-112799 was used or developed in an investigation by the city's police department (the "department") of child abuse for purposes of section 261.201. See id. § 261.001(1)(E) (definition of "abuse" includes indecency with a child under section 21.11, Penal Code). Thus, this report is subject to section 261.201. Section 261.201(k) states, however, an investigating agency may not withhold from the parent 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 section 261.201(a), unless the parent of the child requesting the information is alleged to have committed the abuse or neglect. Id. § 261.201(k). As noted above, the requestor is the mother of the child victim listed in the report and, upon review, is not alleged to have committed the suspected abuse. As such, report number 09-112799 may not be withheld from this requestor on the basis of section 261.201(a). Section 261.201(l)(2) states, however, that any information excepted from required disclosure under the Act or other law may still be withheld from disclosure. Id. § 261.201(l)(2). Thus, because you also raise section 552.108(a)(1) for report number 09-112799, we will address your argument under section 552.108 of the Government Code for both submitted reports.

Section 552.108(a)(1) excepts from disclosure "[i]nformation held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime . . . if . . . release of the information would interfere with the detection, investigation, or prosecution of crime." Gov't Code § 552.108(a)(1). A governmental body claiming section 552.108 must reasonably explain how and why the release of the requested information would interfere with law enforcement. See id. §§ 552.108(a)(1), .301(e)(1)(A); see also Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977). You provide affidavits from two detectives with the department representing report numbers 09-122927 and 09-112799 are currently under investigation, and stating release of these reports at this time would interfere with the department's law enforcement efforts in those cases. Based on these representations and our review, we determine section 552.108(a)(1) is applicable to the submitted information. See Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.--Houston [14th Dist.] 1975), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976) (court delineates law enforcement interests that are present in active cases).

However, section 552.108 does not except from disclosure basic information about an arrested person, an arrest, or a crime. Gov't Code § 552.108(c). Basic information refers to the information held to be public in Houston Chronicle, and includes the identity of the complainant. See Houston Chronicle, S.W.2d at 186-88; see also Open Records Decision No. 127 at 3-4 (1976) (summarizing types of information deemed public by Houston Chronicle). The complainant in report number 09-112799 is also the reporting party. Section 261.201(l)(3) of the Family Code states the identity of the party who made the report must be redacted. See Fam. Code § 261.201(l)(3). Thus, in releasing basic information from report number 09-112799, the city must withhold the reporting party's identity, which we have marked, under section 552.101 of the Government Code in conjunction with section 261.201(l)(3). The remaining basic information must be released from report number 09-112799, along with all the basic information from report number 09-122927. ⁽¹⁾ With the exception of basic information, the city may withhold report numbers 09-122927 and 09-112799 under section 552.108(a)(1) of the Government Code.

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,

Bob Davis

Assistant Attorney General

Open Records Division

RSD/eeg

Ref: ID# 381067

Enc. Submitted documents

cc: Requestor

(w/o enclosures)

Footnotes

1. Because this requestor has a special right of access to basic information being released that would ordinarily be confidential, the city must again seek a decision from this office if it receives another request for the same information from a different requestor.

POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US
An Equal Employment Opportunity Employer