By
Robert O. Dawson
Bryant Smith Chair in Law
University of Texas School of Law
2001 Case Summaries 2000 Case Summaries 1999 Case Summaries
Incident report involving juvenile suspect not subject to disclosure under Public Information Act even if the name of the juvenile is withheld [OR2001-6133] (02-1-14).
On December 31, 2001, the Attorney General ruled in a Public Information Act letter that an incident report involving a car allegedly stolen by a juvenile is not subject to disclose even if the name of the juvenile is withheld.
02-1-14. Attorney General Opinion No. OR2001-6133, 2001 WL 1672102 (12/31/01) [Texas Juvenile Law (5th Edition 2000)].
Mr. G. Chadwick Weaver
First Assistant City Attorney
City of Midland
P.O. Box 1152
Midland, Texas 79702-1152
Dear Mr. Weaver:
You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID # 156668.
The City of Midland (the "city") received a request for "a police report regarding a 1996 Isuzu Rodeo registered in the name of Delpha Fuentes that was stolen and wrecked by juveniles in the first half of the year" in Midland, Texas. This request was received by you on October 8, 2001. On October 22, 2001, the requestor submitted a second request. The second request was for the same report as the first, but the requestor stated that he, "is not interested in the juvenile information contained in this police report." You claim that the requested information is excepted from disclosure under section 552.101 of the Government Code in conjunction with Family Code section 58.007. 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." Section 552.101 encompasses confidentiality provisions such as Family Code section 58.007. Juvenile law enforcement records relating to conduct that occurred on or after September 1, 1997 are confidential under section 58.007. The relevant language of section 58.007(c) reads 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 Subchapter B.
The information at issue involves juvenile conduct that occurred after September 1, 1997. It does not appear that any of the exceptions in section 58.007 apply; therefore, the requested information in its entirety is confidential pursuant to section 58.007(c) of the Family Code. You must withhold the information from disclosure under section 552.101 of the Government Code.
[Balance of letter dealing with disclosure and appeal procedures is omitted.]
Sincerely,
Joyce K. Lowe
Assistant Attorney General
Open Records Division