Defendant was charged and acquitted with Indecency with a child at apartment workout room. Apartment complex voluntarily provided original video tape of workout facility which shows defendant at facility, but not the offense. Now apartment complex is being sued by someone in conjunction with the offense. They want their tape back or a copy of it pursuant to the PIA. Do we violate the family code by providing copies of evidence back to the person who volutarily provided it?
No. The video was used in an investigation of a report of child abuse or neglect. It is therefore confidential under section 261.201 of the Family Code and can be released only with a court order.
If they requested this from your office in writing, then you still have to submit a request for an open records ruling on the video to the attorney general.
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