 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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April 25, 2012 Mr. Stephen Cumbie Assistant City Attorney City of Fort Worth 1000 Throckmorton Street Third Floor Fort Worth, Texas 76102 OR2012-05898 Dear Mr. Cumbie: 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# 451868 (PIR Nos. W014640, W014646 and W014647). The City of Fort Worth (the "city") received three requests from two requestors for information related to a missing child and a specified address. You claim most of the requested information is excepted from disclosure under sections 552.101, 552.108, and 552.130 of the Government Code. (1) We have considered the exceptions you claim and reviewed the information you submitted. 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. This exception encompasses information other statutes make confidential. You claim section 552.101 in conjunction with section 261.201 of the Family Code, which provides in part: (a) [T]he following information is confidential, is not subject to public release under Chapter 552, Government Code, and may be disclosed only for purposes consistent with [the Family 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 [chapter 261 of the Family Code] 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 [chapter 261 of the Family Code] or in providing services as a result of an investigation. Fam. Code § 261.201(a). We find the submitted information was used or developed in investigations of alleged or suspected child abuse or neglect, so as to fall within the scope of section 261.201(a). See id. § 261.001(1), (4) (defining "abuse" and "neglect" for purposes of Fam. Code ch. 261); see also Penal Code §§ 22.011(c) (defining child for purposes of offense of sexual assault), 22.041(c) (defining child for purposes of offense of abandoning or endangering a child). As you do not indicate the city has adopted a rule that governs the release of this type of information, we assume no such rule exists. Given that assumption, we conclude the city must withhold the submitted information in its entirety under section 552.101 of the Government Code in conjunction with section 261.201 of the Family Code. (2) See Open Records Decision No. 440 at 2 (1986) (addressing predecessor statute). 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, James W. Morris, III Assistant Attorney General Open Records Division JWM/em Ref: ID# 451868 Enc: Submitted information c: Requestors (w/o enclosures) Footnotes1. You state information will be redacted from the submitted documents pursuant to sections 552.130(c) and 552.147(b) of the Government Code, the previous determination issued under section 552.130(a)(2) of the Government Code in Open Records Decision No. 684 (2009), and the previous determinations issued to the city in Open Records Letter Nos. 2011-15641 (2011) and 2011-15956 (2011). Section 552.130(c) of the Government Code authorizes a governmental body to redact the information described in subsections 552.130(a)(1) and (3) without the necessity of requesting a decision from this office. See Gov't Code § 552.130(c); see also id. § 552.130(d)-(e) (requestor may appeal governmental body's decision to withhold information under section 552.130(c) to attorney general, and governmental body withholding information pursuant to section 552.130(c) must provide notice to requestor). Section 552.147(b) of the Government Code authorizes a governmental body to redact a living person's social security number from public release without requesting a decision. See id. § 552.147(b). Open Records Decision No. 684 is a previous determination issued by this office authorizing all governmental bodies to withhold ten categories of information without requesting a decision, including a Texas license plate number under section 552.130 of the Government Code. Open Records Letter Nos. 2011-15641 and 2011-15956 authorize the city to withhold a 9-1-1 caller's originating telephone number and address furnished by a service supplier established in accordance with chapter 772 of the Health and Safety Code under section 552.101 of the Government Code in conjunction with section 772.218 of the Health and Safety Code without requesting a decision. 2. As we are able to make this determination, we need not address your other arguments against disclosure.
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