Dispute ongoing over access to Dallas County juvenile records

Dallas County Commissioner Andrew Sommerman has subpoenaed the county juvenile department to get access to tens of thousands of juvenile records called ‘observation sheets.’

Both sides were in court Monday, but FOX 4’s Shaun Rabb reports the juvenile records dispute is still not settled.

Monday’s hearing was supposed to decide whether Sommerman could get 90,000 observation sheets, which are records of juveniles in the juvenile detention center. Judge Eric Moye did not rule on that Monday because of another investigation taking place.

"The Texas Juvenile Justice Department ought to be able to proceed unfettered at least for a definite period of time," Moye said.

There is the state's criminal investigation into allegations of neglect and abuse at the Henry Wade Juvenile Justice Center.

Judge Moye pushed pause on the hearing to decide whether Sommerman, a member of the juvenile board, gets the documents that he's seeking: 90,000 observation sheets.

"That takes precedent certainly over anything the commissioners court is doing especially because, in my view, they have very limited powers," said Brian Hail, juvenile department attorney. "I think they're frustrated by that, but they have very limited powers in this regard."

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The standoff began after a report that found the Dallas County Juvenile Department lags behind national standards, including keeping kids locked up longer than other juvenile detention centers. Now, a court will decide whether the commissioner gets the documents he wants.

Sommerman says his focus is different from the Office of Inspector General.

"Commissioners court decides how much we're paying people to observe these children where the TJJD is more along the lines of are they following policy and procedures," he said.

The state search could cover what Sommerman wants, but the office of inspector general has not specifically said what its investigation encompasses.

"Because we don't know what exactly the OID is looking for yet, there's a potential that they do ask for the same records. In which case, it could actually help everyone," said Jennifer Richards, who is representing Dallas County Commissioners Court.

If there has been neglect and abuse inside Henry Wade, executive director Darryl Beatty says he wants to know. 

Audit: Boys doing whatever they wanted at Dallas County juvenile facility

"We welcome the fact that TJJD is coming in and looking. Matter of fact, I asked for them to do an audit early so we can look and see what we need to do as far as reforms or anything that we need to prepare to make sure we take care of kids in the best interest of our community," he said.

Judge Moye did not rule on Monday. He told the attorneys for the juvenile department to report back in 21 days or less. Then, he'll make a decision on whether Commissioner Sommerman will be able to see the documents he's requested.

While the court hopes to know more about the state investigation into the juvenile department in the next three weeks, there is no timetable on how long the probe might take.