Untitled Texas Attorney General Opinion ( 1974 )

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