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October 22, 1999

Ms. Lilia Ledesma-Gonzalez
Assistant City Attorney
City of McAllen
P.O. Box 220
McAllen, Texas 78505-0220

OR99-2946

Dear Ms. Ledesma-Gonzalez:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 129321.

The City of McAllen (the "city") received a request for all records relating to the death of an infant. You claim that the requested information is excepted from disclosure under section 552.108 of the Government Code.

We do not address your claim under section 552.108 because we believe that the requested records in their entirety are confidential under section subsection (a) of section 261.201 of the Family Code, which 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.

The requested information consists of "reports, records, communications, and working papers used or developed" in an investigation made under chapter 261 of the Family Code. Thus, the requested information may be disclosed only for purposes consistent with the Family Code and applicable federal or state law or under rules adopted by the city. Since you have not informed this office that the city has adopted any rules providing for release of this information, we conclude that the information at issue is confidential and may not be disclosed

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/ljp

Ref: ID# 129321

Encl. Submitted documents

cc: Ms. Dora Guerra
Apex Document Management
4421 North McColl Street
McAllen, Texas 78504
(w/o enclosures)


 

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