|Office of the Attorney General - State of Texas
January 27, 1999
Mr. Mark Dempsey
Dear Mr. Dempsey:
You ask whether certain information is subject to required public disclosure under the Texas Open Records Act, chapter 552 of the Government Code. Your request was assigned ID# 122058.
The Garland Police Department (the "department") received an open records request for Offense Report #202100, which pertains to a juvenile accused of theft. You have submitted to this office the responsive records, which you contend are made confidential under section 58.007 of the Family Code and thus must be withheld from the public pursuant to section 552.101 of the Government Code.(1)
Section 58.007(c) of the Family Code provides in pertinent part:
(c) Except as provided by Subsection (d), law enforcement records and files concerning a child may not be disclosed to the public and shall be:
(1) kept separate from adult files and records; and
(2) maintained on a local basis only and not sent to a central state or federal depository, except as provided by Subchapter B.
Because the individual accused of the theft is a juvenile, we conclude that the department must withhold the requested information in its entirety pursuant to section 58.007(c) of the Family Code.
We are resolving this matter with an informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts presented to us in this request and should not be relied upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.
Yours very truly,
Yen Ha Le
Ref.: ID# 122058
Enclosures: Submitted documents
1. Section 552.101 of the Government Code protects "information considered to be confidential by law, either constitutional, statutory, or by judicial decision."
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US