FAMILY CODE
TITLE 3. JUVENILE JUSTICE CODE
CHAPTER 58. RECORDS; JUVENILE JUSTICE INFORMATION SYSTEM
SUBCHAPTER A. CREATION AND CONFIDENTIALITY OF JUVENILE RECORDS
Sec. 58.001.LAW ENFORCEMENT COLLECTION AND TRANSMITTAL OF RECORDS OF CHILDREN. (a) Law enforcement officers and other juvenile justice personnel shall collect information described by Section 58.104 as a part of the juvenile justice information system created under Subchapter B.
(b)Repealed by Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 21(1), eff. September 1, 2017.
(c)A law enforcement agency shall forward information, including fingerprints, relating to a child who has been taken into custody under Section 52.01 by the agency to the Department of Public Safety for inclusion in the juvenile justice information system created under Subchapter B, but only if the child is referred to juvenile court on or before the 10th day after the date the child is taken into custody under Section 52.01. If the child is not referred to juvenile court within that time, the law enforcement agency shall destroy all information, including photographs and fingerprints, relating to the child unless the child is placed in a first offender program under Section 52.031 or on informal disposition under Section 52.03. The law enforcement agency may not forward any information to the Department of Public Safety relating to the child while the child is in a first offender program under Section 52.031, or during the 90 days following successful completion of the program or while the child is on informal disposition under Section 52.03. Except as provided by Subsection (f), after the date the child completes an informal disposition under Section 52.03 or after the 90th day after the date the child successfully completes a first offender program under Section 52.031, the law enforcement agency shall destroy all information, including photographs and fingerprints, relating to the child.
(d)If information relating to a child is contained in a document that also contains information relating to an adult and a law enforcement agency is required to destroy all information relating to the child under this section, the agency shall alter the document so that the information relating to the child is destroyed and the information relating to the adult is preserved.
(e)The deletion of a computer entry constitutes destruction of the information contained in the entry.
(f)A law enforcement agency may maintain information relating to a child after the 90th day after the date the child successfully completes a first offender program under Section 52.031 only to determine the child's eligibility to participate in a first offender program.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 16, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1477, Sec. 16, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 5, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 21(1), eff. September 1, 2017.
Sec.58.002.PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN. (a)Except as provided by Chapter 63, Code of Criminal Procedure, a child may not be photographed or fingerprinted without the consent of the juvenile court unless the child is:
(1)taken into custody; or
(2)referred to the juvenile court for conduct that constitutes a felony or a misdemeanor punishable by confinement in jail, regardless of whether the child has been taken into custody.
(b)On or before December 31 of each year, the head of each municipal or county law enforcement agency located in a county shall certify to the juvenile board for that county that the photographs and fingerprints required to be destroyed under Section 58.001 have been destroyed.The juvenile board may conduct or cause to be conducted an audit of the records of the law enforcement agency to verify the destruction of the photographs and fingerprints and the law enforcement agency shall make its records available for this purpose.If the audit shows that the certification provided by the head of the law enforcement agency is false, that person is subject to prosecution for perjury under Chapter 37, Penal Code.
(c)This section does not prohibit a law enforcement officer from photographing or fingerprinting a child who is not in custody or who has not been referred to the juvenile court for conduct that constitutes a felony or misdemeanor punishable by confinement in jail if the child's parent or guardian voluntarily consents in writing to the photographing or fingerprinting of the child.Consent of the child's parent or guardian is not required to photograph or fingerprint a child described by Subsection (a)(1) or (2).
(d)This section does not apply to fingerprints that are required or authorized to be submitted or obtained for an application for a driver's license or personal identification card.
(e)This section does not prohibit a law enforcement officer from fingerprinting or photographing a child as provided by Section 58.0021.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 17, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1477, Sec. 17, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, Sec. 34, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 6, eff. September 1, 2017.
Sec.58.0021.FINGERPRINTS OR PHOTOGRAPHS FOR COMPARISON IN INVESTIGATION. (a) A law enforcement officer may take temporary custody of a child to take the child's fingerprints if:
(1)the officer has probable cause to believe that the child has engaged in delinquent conduct;
(2)the officer has investigated that conduct and has found other fingerprints during the investigation; and
(3)the officer has probable cause to believe that the child's fingerprints will match the other fingerprints.
(b)A law enforcement officer may take temporary custody of a child to take the child's photograph, or may obtain a photograph of a child from a juvenile probation department in possession of a photograph of the child, if:
(1)the officer has probable cause to believe that the child has engaged in delinquent conduct; and
(2)the officer has probable cause to believe that the child's photograph will be of material assistance in the investigation of that conduct.
(c)Temporary custody for the purpose described by Subsection (a) or (b):
(1)is not a taking into custody under Section 52.01; and
(2)may not be reported to the juvenile justice information system under Subchapter B.
(d)If a law enforcement officer does not take the child into custody under Section 52.01, the child shall be released from temporary custody authorized under this section as soon as the fingerprints or photographs are obtained.
(e)A law enforcement officer who under this section obtains fingerprints or photographs from a child shall:
(1)immediately destroy them if they do not lead to a positive comparison or identification; and
(2)make a reasonable effort to notify the child's parent, guardian, or custodian of the action taken.
(f)A law enforcement officer may under this section obtain fingerprints or photographs from a child at:
(1)a juvenile processing office; or
(2)a location that affords reasonable privacy to the child.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 35, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 7, eff. September 1, 2017.
Sec. 58.0022.FINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY RUNAWAYS.A law enforcement officer who takes a child into custody with probable cause to believe that the child has engaged in conduct indicating a need for supervision as described by Section 51.03(b)(2) and who after reasonable effort is unable to determine the identity of the child, may fingerprint or photograph the child to establish the child's identity.On determination of the child's identity or that the child cannot be identified by the fingerprints or photographs, the law enforcement officer shall immediately destroy all copies of the fingerprint records or photographs of the child.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 36, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 22, eff. September 1, 2015.
Sec.58.003.SEALING OF RECORDS.
Without reference to the amendment of this subsection, this section was repealed by Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 21(2), eff. September 1, 2017.
(c-3)Notwithstanding Subsections (a) and (c) and subject to Subsection (b), a juvenile court, on the court's own motion and without a hearing, shall order the sealing of records concerning a child found to have engaged in conduct indicating a need for supervision described by Section 51.03(b)(5) or taken into custody to determine whether the child engaged in conduct indicating a need for supervision described by Section 51.03(b)(5).This subsection applies only to records related to conduct indicating a need for supervision described by Section 51.03(b)(5).
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 10.05(a), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1086, Sec. 18, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 19.01(20), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 283, Sec. 26, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 16, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 189 (H.B. 2386), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 3.008, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 731 (H.B. 961), Sec. 3, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1150 (H.B. 2015), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 19, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 7.003, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(16), eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(8), eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 186 (S.B. 92), Sec. 6, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 2.04, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 24, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 25, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 26, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 27, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 11, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 23, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 995 (H.B. 263), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1214 (S.B. 1707), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.002(7), eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 7.005, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 24, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 21(2), eff. September 1, 2017.
Sec. 58.004.REDACTION OF VICTIM'S PERSONALLY IDENTIFIABLE INFORMATION. (a)Notwithstanding any other law, before disclosing any juvenile court record of a child as authorized by this chapter or other law, the custodian of the record must redact any personally identifiable information about a victim of the child's delinquent conduct or conduct indicating a need for supervision who was under 18 years of age on the date the conduct occurred.
(b)This section does not apply to information that is:
(1)necessary for an agency to provide services to the victim;
(2)necessary for law enforcement purposes;
(3)shared within the statewide juvenile information and case management system established under Subchapter E;
(4)shared with an attorney representing the child in a proceeding under this title; or
(5)shared with an attorney representing any other person in a juvenile or criminal court proceeding arising from the same act or conduct for which the child was referred to juvenile court.
Added by Acts 2015, 84th Leg., R.S., Ch. 588 (H.B. 4003), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 8, eff. September 1, 2017.
Sec. 58.005.CONFIDENTIALITY OF FACILITY RECORDS. (a)This section applies only to the inspection, copying, and maintenance of a record concerning a child and to the storage of information from which a record could be generated, including personally identifiable information, information obtained for the purpose of diagnosis, examination, evaluation, or treatment of the child or for making a referral for treatment of the child, and other records or information, created by or in the possession of:
(1)the Texas Juvenile Justice Department;
(2)an entity having custody of the child under a contract with the Texas Juvenile Justice Department; or
(3)another public or private agency or institution having custody of the child under order of the juvenile court, including a facility operated by or under contract with a juvenile board or juvenile probation department.
(a-1)Except as provided by Article 15.27, Code of Criminal Procedure, the records and information to which this section applies may be disclosed only to:
(1)the professional staff or consultants of the agency or institution;
(2)the judge, probation officers, and professional staff or consultants of the juvenile court;
(3)an attorney for the child;
(4)a governmental agency if the disclosure is required or authorized by law;
(5)a person or entity to whom the child is referred for treatment or services if the agency or institution disclosing the information has entered into a written confidentiality agreement with the person or entity regarding the protection of the disclosed information;
(6)the Texas Department of Criminal Justice and the Texas Juvenile Justice Department for the purpose of maintaining statistical records of recidivism and for diagnosis and classification; or
(7)with permission from the juvenile court, any other person, agency, or institution having a legitimate interest in the proceeding or in the work of the court.
(b)This section does not affect the collection, dissemination, or maintenance of information as provided by Subchapter B or D-1.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 2003, 78th Leg., ch. 283, Sec. 27, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 26(a), eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 60, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 9, eff. September 1, 2017.
Sec. 58.0051.INTERAGENCY SHARING OF EDUCATIONAL RECORDS. (a)In this section:
(1)"Educational records" means records in the possession of a primary or secondary educational institution that contain information relating to a student, including information relating to the student's:
(A)identity;
(B)special needs;
(C)educational accommodations;
(D)assessment or diagnostic test results;
(E)attendance records;
(F)disciplinary records;
(G)medical records; and
(H)psychological diagnoses.
(2)"Juvenile service provider" means a governmental entity that provides juvenile justice or prevention, medical, educational, or other support services to a juvenile.The term includes:
(A)a state or local juvenile justice agency as defined by Section 58.101;
(B)health and human services agencies, as defined by Section 531.001, Government Code, and the Health and Human Services Commission;
(C)the Department of Family and Protective Services;
(D)the Department of Public Safety;
(E)the Texas Education Agency;
(F)an independent school district;
(G)a juvenile justice alternative education program;
(H)a charter school;
(I)a local mental health or mental retardation authority;
(J)a court with jurisdiction over juveniles;
(K)a district attorney's office;
(L)a county attorney's office; and
(M)a children's advocacy center established under Section 264.402.
(3)"Student" means a person who:
(A)is registered or in attendance at a primary or secondary educational institution; and
(B)is younger than 18 years of age.
(b)At the request of a juvenile service provider, an independent school district or a charter school shall disclose to the juvenile service provider confidential information contained in the student's educational records if the student has been:
(1)taken into custody under Section 52.01; or
(2)referred to a juvenile court for allegedly engaging in delinquent conduct or conduct indicating a need for supervision.
(c)An independent school district or charter school that discloses confidential information to a juvenile service provider under Subsection (b) may not destroy a record of the disclosed information before the seventh anniversary of the date the information is disclosed.
(d)An independent school district or charter school shall comply with a request under Subsection (b) regardless of whether other state law makes that information confidential.
(e)A juvenile service provider that receives confidential information under this section shall:
(1)certify in writing that the juvenile service provider receiving the confidential information has agreed not to disclose it to a third party, other than another juvenile service provider; and
(2)use the confidential information only to:
(A)verify the identity of a student involved in the juvenile justice system; and
(B)provide delinquency prevention or treatment services to the student.
(f)A juvenile service provider may establish an internal protocol for sharing information with other juvenile service providers as necessary to efficiently and promptly disclose and accept the information.The protocol may specify the types of information that may be shared under this section without violating federal law, including any federal funding requirements.A juvenile service provider may enter into a memorandum of understanding with another juvenile service provider to share information according to the juvenile service provider's protocols.A juvenile service provider shall comply with this section regardless of whether the juvenile service provider establishes an internal protocol or enters into a memorandum of understanding under this subsection unless compliance with this section violates federal law.
(g)This section does not affect the confidential status of the information being shared.The information may be released to a third party only as directed by a court order or as otherwise authorized by law.Personally identifiable information disclosed to a juvenile service provider under this section is not subject to disclosure to a third party under Chapter 552, Government Code.
(h)A juvenile service provider that requests information under this section shall pay a fee to the disclosing juvenile service provider in the same amounts charged for the provision of public information under Subchapter F, Chapter 552, Government Code, unless:
(1)a memorandum of understanding between the requesting provider and the disclosing provider:
(A)prohibits the payment of a fee;
(B)provides for the waiver of a fee; or
(C)provides an alternate method of assessing a fee;
(2)the disclosing provider waives the payment of the fee; or
(3)disclosure of the information is required by law other than this subchapter.
Added by Acts 1999, 76th Leg., ch. 217, Sec. 1, eff. May 24, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 16, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 653 (S.B. 1106), Sec. 2, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 1, eff. September 1, 2017.
Sec. 58.0052.INTERAGENCY SHARING OF CERTAIN NONEDUCATIONAL RECORDS. (a)In this section:
(1)"Juvenile justice agency" has the meaning assigned by Section 58.101.
(2)"Juvenile service provider" has the meaning assigned by Section 58.0051.
(3)"Multi-system youth" means a person who:
(A)is younger than 19 years of age; and
(B)has received services from two or more juvenile service providers.
(4)"Personal health information" means personally identifiable information regarding a multi-system youth's physical or mental health or the provision of or payment for health care services, including case management services, to a multi-system youth.The term does not include clinical psychological notes or substance abuse treatment information.
(b)Subject to Subsection (c), at the request of a juvenile service provider, another juvenile service provider shall disclose to that provider a multi-system youth's personal health information or a history of governmental services provided to the multi-system youth, including:
(1)identity records;
(2)medical and dental records;