.., Ti

The Honorable Joe Resweber

County Attorney Harris County Courthouse Houston,Texas 77002 Opinion No. H-826
Re: Whether court records pertaining to certain types of cases affecting the parent-child relationship
are confidential.
DearMr. Restieber:
You have requested our opinion regarding the confidentiality of court recordspertaining to certain types of cases affecting the parent-child relationship. Specifically,you inquire about the district clerk's responsibility for maintaining the confidentiality of such records in paternity and voluntary legitimationproceedings and in suits inwhich termination of theparent-child relationship is sought. Section 11.17(b) of the Family Code, as amended in 1975 by the 64th Legislature, requires the district clerk, upon entry of a decree of adoption, to forward the complete file to the Department of Public Welfare,which is then directed to "close the records concerning that child." Section 11.17

### (a) declarea the confidentiality of 'the records concerninga childmaintained by the district clerk after entry of a decree of adoption.". By contrast, the statute imposesno absolute requirement of confidentiality on the recordsmaintainedby a district clerk in terminationproceedings. Section 11.17(f), however, provides:

, The court, on themotion of'a party or

on the court's ownmotion, may order the sealing of the file, theminutes of the court, or both, in a proceeding in which adoption or terminationwas

p. 3487The Honorable Joe Resweber - page 2 (H-626)

sought. This subsectiondoes not relieve' the clerk from the duty to transmit files or petitions and decrees of adoption to the department as requiredby Subsection (b)of this section. Thus, aa to termination proceedings, the court = require the confidentiality of records in the possession of the clerk, including theminutes of the court on which the relevant decrees and orders are entered. Accordingly, it is our opinion that the recordsmaintained by a district clerk pertaining to a suit seeking the termination of the parent-child relationship are not required to bemaintained as confidential unless the court, on themotion of a party or on its own motion, orders the file in such case to be sealed. Suits for the determination of paternity and forvoluntary legitimation (Sec.13.01, et seq.1 are suits affecting the parent-child relationship. -Attorney General Opinion H-353 (1974). The Fami~lyCode, however, does not require the district clerk tomaintain the confidentiality of records in suchproceedings. Although "all the records required to bemaintained" -'~ by the Department of Public Welfare are declared to be confidential, including,presumably, records pertaining topaternity andvoluntary legitimationactions, no suchbroad duty of maintaining confidentiality is imposed upon the district clerk. Sec. ii.17

### (a). We therefore conclude that the court records maintained by a district clerk pertaining to paternity and voluntary legitimationproceedings are not required to be maintained as confidentialby statute.
We note that the Open RecordsAct by its express terms does not apply to the judiciary, and the provisions of that Act are not applicable to the records in question. V.T.C.S. art. 6252-lla, S 2(1)(G). In Open Records DecisionNo. 25 (1974),we said:

Since the Open RecordsAct by its express terms does not apply to the judiciary, thatbranch of government

. is in the sameposition in regard to

informationheld by it as it alwayshas been. The Open RecordsAct neither authorizes informationheldby the judiciary to be withheld nor requires it to be disclosed.

p. 3488The Honorable Joe Resweber - page 3 (H-826)

In the absence of statute, inspection of judicial records is controlled bv the common law. The common law riaht of inspection of piblic records is not an absolute,b& ~a qualified right. Palacios v. Corbett, 172 S.W. 777, 781 (Tex.Civ. APP. -- SanAntGio 1915,writ ref'd). While records of judicial proceedings **are** generally open to public inspection, **a** court in its discretionmay impound its files in a case and deny public inspectionwhen justice so requires. 76 C.J.S.. Records S 36, **D.** 140:Annot. 175A.L.R. 1260 (19481. See C.v.C; 320A2d 717,.753-24 iDe1. 1974); Sanfordv. Et-Herald-Traveler 20Am.Jur.2& Courts Ss jurisdiction and control over their own records. Coleman Kz;s 151 S.W. 1040, 1041 (Tex.Sup. 1912); a 5

, 12 S.W. 679, 681 (Tex.Sup. 1889); Iiannon v. Henson, 7 S.W.2d 613, 619 (Tex.Civ. App. -- TexarkamEr aff'd 15 S.W.2d 579 (Tex.Comm'n App. 1929, jdgmt adopted). Thus, while there isno statutory requirement that records in casea of paternity or legitimationbemaintained as confidential, and while there is no express statutory authorization for a court to order such a record sealed or held:in.confidence either on its ownmotion or that of a party, we believe that the court has inherentpower to control public access to its own records. The clerk 

### of the district court should look to the court forguidance in thematter.
SUMMARY

The records maintained by a district clerk pertaining to a suit seeking the termination of the parent-child relationship are not confidential unless the court orders the file in such case to be sealed. Court recordsmaintained by a district clerk regarding paternity and voluntary legiti-

.

p.3489.~ The Honorable Joe Resweber - page 4 (H-826)

mation proceedings are not required by etatute to be maintained as confidential, but the court has discretion to control public access to its retardswhen justice a0 

### requiree.
ry truly

### yours,

Attorney General of Texaa

Opinion Committee jwb

p.3490