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December 1, 1999

Ms. Katherine Minter Cary
Assistant Attorney General
Office of the Attorney General
P.O. Box 12548
Austin, Texas 78711-2548

OR99-3449

Dear Ms Cary:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 129851.

The Office of the Attorney General (the "attorney general") received a request for a copy of the requestor's case file. You state that you have released some of the responsive information. You seek, however, to withhold the remaining responsive records pursuant to section 552.101 of the Government Code. We have considered the exception you claim and have reviewed the submitted sample information.(1)

Section 552.101 of the Government Code excepts from disclosure information that is made confidential by law, including information made confidential by statute. Chapter 231 of the Family Code pertains to the administration of Title IV-D child support programs. Chapter 231 contains the following provisions:

Sec. 231.001. DESIGNATION OF TITLE IV-D AGENCY.

The office of the attorney general is designated as the state's Title IV-D agency.

. . . .

Sec. 231.004. TITLE IV-D REGISTRY.

The Title IV-D agency shall establish a registry for Title IV-D cases that shall:

(1) receive child support payments;

(2) maintain a record of child support paid and any arrearages owed under each order;

(3) distribute child support payments received as required by law; and

(4) maintain custody of official child support payment records.

. . . .

Sec. 231.108. CONFIDENTIALITY OF RECORDS AND PRIVILEGED COMMUNICATIONS

(a) [A]ll files and records of services provided under this chapter, including information concerning a custodial parent, noncustodial parent, child, and an alleged or presumed father, are confidential.

In this instance, the requestor seeks information collected pursuant to the administration of Title IV-D child support programs under chapters 231 and 232 of the Family Code. We conclude that the information you seek to withhold is confidential under section 231.108 of the Family Code. The attorney general must withhold the information at issue pursuant to section 552.101 of the Government 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.

Sincerely,

June B. Harden
Assistant Attorney General
Open Records Division

JBH/ch

Ref: ID# 129851

Encl. Submitted documents

cc: Ms. Linda Shorten
1007 Forest Trail
Cedar Park, Texas 78613
(w/o enclosures)


 

Footnotes

1. We assume that the "sample" records submitted to this office is truly representative of the requested records as a whole. See Open Records Decision Nos. 499 (1988), 497 (1988). This open records letter does not reach, and therefore does not authorize the withholding of, any other requested records to the extent that those records contain substantially different types of information than that submitted to this office.
 

POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US
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