Tmm AITORNEY GENERAL
OF TEXAS
Aun’rmr. Tnsx~s 78711
March 19, 1974
The Honorable George E. McCrea Opinion No. H- 264
County Attorney
Tom Green County Re: Whether Department
San Angelo, Texas of Defense security
investigative service
is entitled to review
Juvenile Court records
under Article 51.14(a) (4)
Dear Mr. McCrea: of the Family Code
You have requested this office’s opinion on the following problem:
“In regards to the new Family Code, Title 3,
Article 51. 14(a)(4), Files and Records, e . . would
the Defense Investigative Service, which conducts
background investigations for the Department of
Defense security clearance, be an agency having a
legitimate interest? This agency’s investigations
are in the interest of national security. ”
Article 51.14(a) of the Family Code concerns all files and records
of a juvenile court and provides as follows:
“(a) All files and records of a juvenilecourt, a
clerk of court, or a prosecuting attorney relating to
a child who is a party to a proceeding under this title
are open to inspection only by:
II
. . . .
“(4) with leave of juvenile court, any
other person, agency, or institution having a
legitimate interest in the proceeding or in the
work of the court, ” (emphasis added)
The Honorable George E. McCrea, page 2 (H-264)
We have found no cases construing the specific language “person,
agency, or institution having a legitimate interest in the proceeding, ”
but it is obviously very broad and depending on the facts, could reason-
ably include the Defense Investigative Service, which as you point out,
is an “agency” and does have an interest in national security.
We believe that the juvenile court would have authority to allow
the Defense Investigative Service access to its files and records if it
were satisfied by facts shown that the agency had ‘b legitimate interest
in the proceedings or in the work of the court. ” Such a determination
rests with the sound discretion of the juvenile court.
SUMMARY
If satisfied by facts shown that a federal agency
has a legitimate interest in the proceedings or in the
work of the Court, the Juvenile Court, in the exercise
of sound discretion, would have authority under Article
51. 14(a) (4) of the Family Code to allow the agency access
to its files and records.
Yours very truly,
JOHN L. HILL
Attorney General of Texas
Opinion Committee
po 1236