By
Robert O. Dawson
Bryant Smith Chair in Law
University of Texas School of Law
2001 Case Summaries 2000 Case Summaries 1999 Case Summaries
Information about death of resident of juvenile detention facility not public [OR2001-5795] (02-1-09).
On December 12, 2001, the Attorney General ruled in a Public Information Act opinion that information about the death of a juvenile in a detention facility cannot be disclosed because of the child abuse investigation provision of the Family Code.
02-1-09. Attorney General No. OR2001-5795, 2001
WL 1589571 (12/12/01) [Texas Juvenile Law (5th Edition 2000)].
Mr. John Feldt
Assistant District Attorney
Denton County
P.O. Box 2850
Denton, Texas 76202
Dear Mr. Feldt:
You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID # 156135.
The Civil Division of the Denton County Criminal District Attorney's Office (the "county") received a request for information pertaining to the death of a named individual at a county juvenile detention facility. You have submitted for our review information responsive to the request. You assert that this information is excepted from disclosure under sections 552.101, 552.103, and 552.108 of the Government Code. The requestor has also submitted comment to this office. Gov't Code § 552.304. We have considered the submitted comments and arguments, the exceptions you claim, and we have reviewed the submitted information.
Section 552.101 excepts from disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." Section 261.201(a) of the Family Code provides as follows:
(a) The following information is confidential, is
not subject to public release under Chapter 552, Government Code, 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, and working papers used or developed in an investigation under
this chapter or in providing services as a result of an investigation.
We find that the submitted documents are within the scope of section 261.201 of the Family Code. You have not indicated that the county has adopted a rule that governs the release of this type of information. Therefore, we assume that no such regulation exists. Given that assumption, the documents are confidential pursuant to section 261.201 of the Family Code. See Open Records Decision No. 440 at 2 (1986) (predecessor statute). Accordingly, the county must withhold these documents from disclosure under section 552.101 of the Government Code as information made confidential by law. In light of this conclusion, we need not address your remaining arguments and assertions.
[Balance of letter dealing with disclosure and appeal procedures is omitted.]
Sincerely,
Michael Garbarino
Assistant Attorney General
Open Records Division