 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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February 8, 2012 Ms. Lindsay Johnson Assistant County Attorney Harris County 1019 Congress, 15th Floor Houston, Texas 77002 OR2012-01947 Dear Ms. Johnson: 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# 445009 (C.A. File No. 11PIA0517). The Harris County Fire Marshal's Office (the "fire marshal") received a request for information pertaining to a specified case number. 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. 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 other statutes make confidential, such as section 58.007 of the Family Code. Juvenile law enforcement records relating to conduct that occurred on or after September 1, 1997 are confidential under section 58.007. For purposes of section 58.007(c), "child" means a person who is ten years of age or older and under seventeen years of age. See Fam. Code § 51.02(2). Section 58.007 provides in pertinent part as follows: (c) Except as provided by Subsection (d), law enforcement records and files concerning a child and information stored, by electronic means or otherwise, concerning the child from which a record or file could be generated may not be disclosed to the public and shall be: (1) if maintained on paper or microfilm, kept separate from adult files and records; (2) if maintained electronically in the same computer system as records or files relating to adults, be accessible under controls that are separate and distinct from controls to access electronic data concerning adults; and (3) maintained on a local basis only and not sent to a central state or federal depository, except as provided by Subchapters B, D, and E. . . . (e) Law enforcement records and files concerning a child may be inspected or copied by a juvenile justice agency as that term is defined by Section 58.101, a criminal justice agency as that term is defined by Section 411.082, Government Code, the child, and the child's parent or guardian. . . . (j) Before a child or a child's parent or guardian may inspect or copy a record or file concerning the child under Subsection (e), the custodian of the record or file shall redact: (1) any personally identifiable information about a juvenile suspect, offender, victim, or witness who is not the child; and (2) any information that is excepted from required disclosure under [the Act], or other law. Id. § 58.007(c), (e), (j). We find the submitted information involves a juvenile engaged in delinquent conduct occurring after September 1, 1997. See id. § 51.03 (defining "delinquent conduct" for purposes of Fam. Code § 58.007). Therefore, the submitted information is subject to section 58.007. We note the requestor may be the mother of the juvenile suspect listed in the submitted report. If the requestor is not the mother of the juvenile suspect listed in the report, then the submitted information must be withheld in its entirety under section 552.101 in conjunction with section 58.007(c) of the Family Code. However, if the requestor is the mother of the juvenile suspect, she may inspect or copy any law enforcement records concerning her own child under section 58.007(e). Id. § 58.007(e). We note, however, section 58.007(j)(2) of the Family Code provides that information subject to any other exception to disclosure under the Act or other law must be redacted. See id. § 58.007(j)(2). A portion of the remaining information is subject to section 552.130 of the Government Code. (1) Accordingly, we will address the applicability of section 552.130 to the remaining information. Section 552.130 of the Government Code excepts from disclosure information that relates to a motor vehicle operator's or driver's license or permit issued by an agency of this state or another state or country. Gov't Code § 552.130(a)(1). Upon review, we find the fire marshal must withhold the information we have marked under section 552.130 of the Government Code. In summary, if the requestor is not the mother of the juvenile suspect listed in the report, then the submitted information must be withheld in its entirety under section 552.101 in conjunction with section 58.007(c) of the Family Code. If the requestor is the mother of the juvenile suspect, then the fire marshal must withhold the information we have marked under section 552.130 of the Government Code and release the remaining information. 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, Sarah Casterline Assistant Attorney General Open Records Division SEC/ag Ref: ID# 445009 Enc. Submitted documents c: Requestor (w/o enclosures) Footnotes1. The Office of the Attorney General will raise a mandatory exception on behalf of a governmental body, but ordinarily will not raise other exceptions. Open Records Decision Nos. 481 (1987), 480 (1987), 470 (1987).
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