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March 10, 1999

Ms. Barbara G. Heptig
Assistant City Attorney
City of Arlington
P.O. Box 1065
Arlington, Texas 76004-1065

OR99-0675

Dear Ms. Heptig:

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# 122712.

The City of Arlington Police Department (the "department") received a request for a police report concerning a specific incident. You seek to withhold the requested information under sections 552.101 and 552.108 of the Government Code.

Section 552.101 excepts information from public disclosure when the information is confidential by law. Chapter 261 of the Family Code deals with investigations of reports of child abuse or neglect. Subsection (a) of section 261.201 provides:

(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 [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.

We have examined the information you submitted as responsive to the request. We conclude that the submitted information is subject to section 261.201. Since you have not informed this office that the department has adopted any rules providing for release of this information, we conclude that the information at issue is confidential and must be withheld in its entirety. Since we have disposed of this request under section 552.101of the Government Code in conjunction with section 261.201of the Family Code, we need not address your other claimed exceptions to disclosure.

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.

Sincerely,

William Walker
Assistant Attorney General
Open Records Division

WMW/ch

Ref:: ID# 122712

Enclosures: Submitted documents

cc: Ms. Sandra Diaz
408 Fielder Road
Arlington, Texas 76012
(w/o enclosures)


 

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