The Honorable Ron Jackson Opinion No. H- 660
Executive Director
Texas Youth Council Re: Whether the Texas Youth
Sam Houston Building Council may participate in a
Austin, Texas 78701 central interagency index of
clients, or provide child abuse
information to an interagency task
force.
Dear Mr. Jackson:
You have asked whether the Texas Youth Council, in light of section
51. 14(b) of the Family Code, may participate in a central index of clients pre-
pared by the Interagency Task Force on Youth Care and Rehabilitation, or make
available to the Office of Youth Care Investigation information regarding abuse of
wards by Youth Council staff members.
The Interagency Task Force on Youth Care and Rehabilitation (Task
Force) was established in 1973 by an executive order of the Governor to upgrade
the quality of care and rehabilitation services for the youth of the State of Texas.
The Office of Youth Care Investigation (Office) is its investigative arm, charged
with assisting agencies “in investigating and resolving complaints to the satisfaction
of the complainant and all parties concerned, I’ and assuring the public “that mls-
treatment complaints involving minors . . . have been or will be investigated fair-
ly, justly and impartially. ‘I These functions and procedures are set out in an
April 9, 1974 memorandum to which the Texas Youth Council is signatory, to-
gether with the Departments of Public Welfare. Health Resources, Mental Health
and Mental Retardation, the Texas Rehabilitation Commission, and the Texas
Education Agency.
Generally, the memorandum provides that the Office is to be notified
when a complaint involving the mistreatment of a minor is lodged with, or against,
an agency and that Office will monitor, but not conduct, the agency’s investigation
of the complaint so long as it satisfactorily progresses and the complainant is
satisfied with the result. If satisfaction does not result, two representatives of a
signatory agency not involved in the complaint will conduct a review of the investi-
gation or will conduct a review of the investigation or will conduct an additional
investigation and will report their findings to the Governor, the agency involved,
and the Task Force. The memorandum stipulates that the proper law enforcement
officials shall be notified of any complaint involving a criminal law violation, and
that the Office shall observe and comply with all laws relating to confidentiality in
its investigations and in maintaining its records.
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The Honorable Ron Jackson - Page 2
Section 51. 14(b) of the new Family Code declares that:
All files and records of a public or private agency
or institution providing supervision of a child by
arrangement of the juvenile court or having custody
of the child under order of the juvenile court are open
to inspection only by:
(1) the professional staff or consultants of the agency
or institution;
(2) the judge, probation officers, and professional staff
or consultants of the juvenile court;
(3) an attorney for the child; or
(4) with leave of the juvenile court, any other person,
agency, or institution having a legitimate interest in the
work of the agency or insititution.
We assume the “index” to be compiled by the Task Force is to be available only
to those persons who are directly engaged in the “mistreatment of a minor” work
of the Task Force and will not be made available to other personnel of the sig-
natory agencies or of the Governor’s office. The stated deference to laws relat-
ing to confidentiality implies as much.
Terms of the agreement creating the Interagency Task Force suggest
that. the Task Force is intended to be an agency which will provide expertise and
objectivity in the investigation of child abuse reports. Given that role we be-
1j.v. the Task Force call prc~perly be classified as a consultant to the Youth Council
on this problem. Thus. under these prescribed conditions the Task Force would
he classified as a consuitant and would be included among those persons permitted
to examine Youth Council records under section 51. 14(b) of the Family Code. See
also Attorney General Opinion H-494 (1975).
SUMMARY
Section 51. 14(b) of the Family Code does not prevent
the Texas Youth Council from furnishing information
relating to child abuse to the Texas interagency Task
Force on Youth Care and Rehabilitation under proper
circumstances limiting its distribution and use.
,plery truly yours,
_ / Attorney General of Texas
;/
J
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Opinion Committee
jad:
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