Court Upholds Determination Not to Disclose Name of Child Abuse Informant

Based on a report from a confidential informant, the Texas Department of Family and Protective Services investigated Robert Mason for allegations that he hit his ten-year-old daughter three times.  The investigation determined that, based on the available evidence, the alleged abuse did not occur.  But Mason suspected that the informant was David Glickman, the Rabbi of a congregation with which Mason associated, so he sued Glickman for defamation.  Because the TDFPS had redacted its report (as required by Texas law) to conceal the name of the informant, Mason could not establish that Glickman was the one who made the allegedly defamatory statement.  Under a Texas Family Code provision, however, Mason moved the trial court to order disclosure of the unredacted report, arguing that disclosure was essential to the administration of justice.  The trial court denied the motion and granted Glickman’s no-evidence motion for summary judgment.  The Court of Appeals agreed, holding that disclosure of the report was not essential to the administration of justice.  Further, the court rejected Mason’s stated goal of discouraging reports of suspected child abuse since the statute exists to encourage child abuse reporting, regardless of whether the allegations are ultimately confirmed.

Mason v. Glickman