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TEXAS DEPT. OF HUMAN SERVICES v. BENSON

No. 03-94-00061-CV.

893 S.W.2d 236 (1995)

TEXAS DEPARTMENT OF HUMAN SERVICES, Texas Department of Protective and Regulatory Services, Janice Caldwell, Burton Raiford, Glenn Williams, and Janie Medina, Appellants, v. Ned BENSON, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled March 15, 1995.

Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., Michelle E. Dains [Signed Appellants' Brief], Asst. Atty. Gen., Tort Litigation Div., Austin, TX, for appellants.

Philip Durst [Signed Appellee's Brief], Wiseman, Durst & Tuddenham, Austin, TX, for appellee.

Before CARROLL, C.J., and POWERS and B.A. SMITH, JJ.

SMITH, Justice.

This appeal asks us to determine whether the Texas Family Code assures confidentiality to those who report suspected child abuse, notwithstanding the right of the accused to review all records of the investigation. We must also decide whether the Texas Tort Claims Act waives a state agency's immunity for damages when a complainant is injured because his identity is disclosed in writing to the suspects under investigation. Finally we address the state...

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