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June 30, 1999

Mr. Miles K. Risley
Senior Assistant City Attorney
City of Victoria
P.O. Box 1758
Victoria, Texas 77902-1758

OR99-1810

Dear Mr. Risley:

You have asked whether certain information is subject to required public disclosure under the Texas Public Information Act, chapter 552 of the Government Code. Your request was assigned ID# 126753.

You have previously asked this office about these records. In Open Records Letter No. 99-1585 (1999), we advised you that these records are confidential under section 261.201 of the Family Code in conjunction with section 552.101 of the Government Code. Section 261.201 provides, in part:

    (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, audiotapes, videotapes, and working papers used or developed in an investigation under this chapter or in providing services as a result of an investigation.

As we advised you in Open Records Letter No. 99-1585 (1999), because these records were used or developed in an investigation made under chapter 261 of the Family Code and you have not cited any specific rule that the investigating agency has adopted with regard to the release of this type of information, we assume that no such regulation exists. We have enclosed a copy of Open Records Letter No. 99-1585 (1999).

We are resolving this matter with this 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 may not be relied upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.

Sincerely,

Ruth H. Soucy
Assistant Attorney General
Open Records Division

Ref.: ID# 126753

RHS/eaf

Encl. Submitted documents

(Open Records Letter No. 99-1585 (1999))


 

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