By
Robert O. Dawson
Bryant Smith Chair in Law
University of Texas School of Law
2001 Case Summaries 2000 Case Summaries 1999 Case Summaries
Attorney General says that juvenile confidentiality rule does not apply to children younger than 10 [OR2001-4805] (01-4-44).
On October 23, 2001, the Attorney General ruled in a Public Information Act letter that the juvenile confidentiality provision does not apply to a law enforcement incident report about conduct by an individual while younger than ten years of age because such a person is not a child as defined by Section 51.02 of the Family Code.
ATTORNEY GENERAL- JUVENILE CONFIDENTIALITY RULE OF PUBLIC INFORMATION ACT DOES NOT APPLY TO CHILDREN YOUNGER THAN TEN
01-4-44. Attorney General Opinion No. OR2001-4805 (10/23/01) [Texas Juvenile Law (5th Ed. 2000].
Ms. Mia Settle-Vinson Assistant City Attorney City of Houston - Legal Department P.O. Box 1562 Houston, Texas 77251
Dear Ms. Settle-Vinson:
You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID # 155843.
The City of Houston ("city") received requests for Offense Report Nos. 068325599W ("Exhibit 2"), 049839599W ("Exhibit 3"), 033892899N ("Exhibit 4"), 056213099F ("Exhibit 5"), 071070599Q ("Exhibit 6"), 071503599E ("Exhibit 7"), and 076955199Y ("Exhibit 8"). You claim that the requested information is excepted from disclosure under sections 552.101, 552.108, and 552.130 of the Government Code. We have considered the exceptions you claim and reviewed the submitted information.
First, you claim that Exhibits 5 and 8 are excepted from disclosure under section 552.101 in conjunction with 58.007 of the Family Code. Section 552.101 excepts from disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." This section encompasses information protected by statute. Juvenile law enforcement records relating to conduct that occurred on or after September 1, 1997 are confidential under section 58.007(c) of the Family Code. However, section 58.007(c) is inapplicable to these two exhibits because the incidents at issue do not involve a "child" as defined by section 51.02(2) of the Family Code. A "child" is a person who is
(A) ten years of age or older and under 17 years of age; or (B) seventeen years of age or older and under 18 years of age who is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts committed before becoming 17 years of age.
Fam. Code § 51.02(2)(A)-(B). In this instance, the suspect referenced in Exhibit 5 was nine years of age, and the juvenile referenced in Exhibit 8 was 6 years of age.
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[Balance of letter dealing with disclosure and appeal procedures is omitted.]
Sincerely,
Kevin J. White Assistant Attorney General Open Records Division