Acts 2017, 85th Leg., R.S., Ch. 598 (S.B. Sec. (7) "Law-enforcement officer" means a peace officer as defined by Article 2.12, Code of Criminal Procedure. 746 (S.B. Added by Acts 1995, 74th Leg., ch. (6) "Regional juvenile board committee" means a committee that is composed of two members from each county juvenile board in a region that comprises a multicounty local juvenile information system. 1304), Sec. 131 (H.B. 52.01. (e) 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. (f) This section does not affect the confidential status of the information being shared. 1760), Sec. 1575), Sec. 746 (S.B. AUTHORITY CUMULATIVE. September 1, 2017. Understanding the Juvenile Justice System in Texas In 1973, the Texas Legislature enacted Title 3 of the Family Code, which formed the statutory basis for juvenile law in … 1, eff. 131 (H.B. 2, eff. APPLICABILITY. 58.256. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 4170), Sec. (g) This section does not affect the confidential status of the information being shared. 1, eff. In this subchapter: (1) "Criminal justice agency" has the meaning assigned by Section 411.082, Government Code. Acts 2013, 83rd Leg., R.S., Ch. 7(2), eff. (c) The department may not collect, retain, or share information relating to a juvenile except as provided by this chapter. JUVENILE JUSTICE INFORMATION SYSTEM. Added by Acts 2015, 84th Leg., R.S., Ch. 85 (S.B. The term does not include clinical psychological notes or substance abuse treatment information. This section does not apply to a record relating to a child that is: (b) Except as provided by Subsection (c), law enforcement records concerning a child and information concerning a child that are stored by electronic means or otherwise and from which a record could be generated may not be disclosed to the public and shall be: (1) if maintained on paper or microfilm, kept separate from adult records; (2) if maintained electronically in the same computer system as adult records, accessible only under controls that are separate and distinct from the controls to access electronic data concerning adults; and. 1304), Sec. 22, eff. Sec. Sept. 1, 2003. 10, eff. 1093), Sec. (2-a) "Governmental juvenile facility" means a juvenile facility operated by a unit of government. 7.004, eff. 1760), Sec. (2) any information that is excepted from required disclosure under Chapter 552, Government Code, or any other law. September 1, 2017. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. Sec. September 1, 2017. 34, eff. September 1, 2019. Acts 2017, 85th Leg., R.S., Ch. CHAPTER 54. If a record has been sealed under this chapter, the juvenile court may not provide a copy of the record to a prosecuting attorney under this subsection. (C) send written verification of the deletion of the index references to the issuing court. (b) This section does not affect the collection, dissemination, or maintenance of information as provided by Subchapter B or D-1. Acts 2007, 80th Leg., R.S., Ch. 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; (G) a juvenile justice alternative education program; (I) a local mental health or mental retardation authority; (J) a court with jurisdiction over juveniles; (M) a children's advocacy center established under Section 264.402. Juvenile justice information consists of information of the type described by Section 58.104 (Types of Information Collected), including statistical data in any form or medium collected, maintained, or submitted to the Texas Juvenile Justice Department under Section 221.007 (Juvenile Board Records and Reports), Human Resources Code. September 1, 2017. (d) Electronic records are considered to be destroyed if the electronic records, including the index to the records, are deleted. 854 (S.B. 1304), Sec. September 1, 2017. 2, eff. 24, eff. Free Newsletters September 1, 2017. 58.302. 949 (H.B. Acts 2005, 79th Leg., Ch. (8) "Uniform incident fingerprint card" means a multiple-part form containing a unique incident number with space for information relating to the conduct for which a child has been taken into custody, detained, or referred, the child's fingerprints, and other relevant information. (f) Records maintained by the department in the depository are subject to being sealed under Subchapter C-1. INTERAGENCY SHARING OF EDUCATIONAL RECORDS. When a young person between these ages is arrested, or when an individual between the age of 17 to 18 is arrested for something they did before his or her 17th birthday, he or she is typically tried as a juvenile in the juvenile justice system. (b) The department may use funds appropriated for the implementation of this section to pay costs incurred under an interlocal contract described by Subsection (a), including license fees, maintenance and operations costs, administrative costs, and any other costs specified in the interlocal contract. 7(1), eff. (b) Information is at Access Level 1 if the information relates to a child: (A) a school official has reasonable grounds to believe has committed an offense for which a report is required under Section 37.015, Education Code; or, (B) has been expelled, the expulsion of which is required to be reported under Section 52.041; and. (b-2) At the request of the Department of Family and Protective Services or a single source continuum contractor who contracts with the department to provide foster care services, a state or local juvenile justice agency shall share with the department or contractor information in the possession of the juvenile justice agency that is necessary to improve and maintain community safety or that assists the department or contractor in the continuation of services for or providing services to a multi-system youth who is or has been in the custody or control of the juvenile justice agency. (3) "Physical record" means a paper copy of a record. In this subchapter: (1) "County juvenile board" means a juvenile board created under Chapter 152, Human Resources Code. Texas may have more current or accurate information. Subscribe to Justia's (e) The department shall designate the offense codes and has the sole responsibility for designating the state identification number for each juvenile whose name appears in the juvenile justice system. This is FindLaw's hosted version of Texas Family Code . (c) The department may not collect, retain, or share information relating to a juvenile except as provided by this chapter. 1549), Sec. 1575), Sec. September 1, 2013. UNIFORM INCIDENT FINGERPRINT CARD. (b) On the final discharge of a child, or on the last official action in the matter if there is no adjudication, a probation officer or official at the Texas Juvenile Justice Department, as appropriate, shall give the child and the child's parent, guardian, or custodian a written explanation regarding the eligibility of the child's records for sealing under this subchapter and a copy of this subchapter. 17, eff. September 1, 2019. Use this page to navigate to all sections within the Family Code. ***PLEASE NOTE*** This listing is provided as a courtesy and not an endorsement by the Texas Juvenile Justice Department. Acts 2011, 82nd Leg., R.S., Ch. (5) "Juvenile justice agency" means an agency that has custody or control over juvenile offenders. Acts 2007, 80th Leg., R.S., Ch. DISSEMINATION OF CONFIDENTIAL INFORMATION IN JUVENILE JUSTICE INFORMATION SYSTEM. 2884), Sec. 5, eff. 746 (S.B. Refreshed: 2020-10-14. Access for Level 2 agencies is only to information at Levels 1 and 2. PARTNER AGENCIES. 1093 (H.B. (b) Physical or electronic records are considered sealed if the records are not destroyed but are stored in a manner that allows access to the records only by the custodian of records for the entity possessing the records. 131 (H.B. 2884), Sec. 2398), Sec. 7), Sec. 1304), Sec. WARRANTS. Added by Acts 2011, 82nd Leg., R.S., Ch. LOCAL DATA ADVISORY BOARDS. 58.111. 3.009, eff. 27, eff. 317 (H.B. A juvenile is an individual between the ages of 10 to 17 in Texas. 21(4), eff. Sec. (d) The Texas Juvenile Justice Department may grant the following individuals or entities access to juvenile justice information only for a purpose beneficial to and approved by the department to: (1) an individual or entity working on a research or statistical project that: (A) is funded in whole or in part by state or federal funds; and, (B) meets the requirements of and is approved by the department; or, (A) is working on a research or statistical project that meets the requirements of and is approved by the department; and. 2, eff. September 1, 2017. sec. Sec. Juvenile Crime Intervention . (5) any individual or entity whose presence at the hearing is requested by the person or prosecutor. (5) "System" means an automated statewide juvenile information and case management system. Acts 2017, 85th Leg., R.S., Ch. 131 (H.B. (B) is operated as a holdover facility, a pre-adjudication detention facility, a nonsecure facility, or a post-adjudication secure correctional facility. Added by Acts 2001, 77th Leg., ch. Sec. 670), Sec. CONFIDENTIALITY OF INFORMATION. 7(2), eff. 3705), Sec. (2) send copies of the order to all entities listed in the order by any reasonable method, including certified mail, regular mail, or e-mail. The court shall take any actions necessary and possible to provide the needed information to the entity, including contacting the person who is the subject of the order or the person's attorney. (f) This section does not authorize the destruction of the records of the juvenile court or clerk of court. The following records are exempt from this subchapter: (1) records relating to a criminal combination or criminal street gang maintained by the Department of Public Safety or a local law enforcement agency under Chapter 67, Code of Criminal Procedure; (2) sex offender registration records maintained by the Department of Public Safety or a local law enforcement agency under Chapter 62, Code of Criminal Procedure; and. September 1, 2013. Texas Human Resources Code > Title 10 - Juvenile Boards, Juvenile Probation Departments, and Family Services Offices Texas Human Resources Code > Title 12 - Juvenile Justice Services and Facilities More » Sec. standards for housing non-texas juveniles in texas detention and correctional facilities: chapter 343: secure juvenile pre-adjudication detention and post-adjudication correctional facilities: chapter 344: employment, certification, and training: chapter 345: juvenile justice professional code of ethics for certified officers: chapter 347 There is a map of the CJIS Regions as well as a list of the counties and their field auditors that includes contact information for all of the auditors. Texas Juvenile Justice Department maintains records and registry of the registered facilities in operation. 746 (S.B. Sec. (j) Repealed by Acts 2019, 86th Leg., R.S., Ch. Sec. 63, eff. 58.261. 21(4), eff. September 1, 2017. 60, eff. The information may be released to a third party only as directed by a court order or as otherwise authorized by law. 734 (H.B. Sec. (7) "State identification number" means a unique number assigned by the department to a child in the juvenile justice information system. 746 (S.B. 1093 (H.B. There are 16 titles in the TAC. (3) "Disposition" means an action that results in the termination, transfer of jurisdiction, or indeterminate suspension of the prosecution of a juvenile offender. 16, eff. 131 (H.B. Newsletters. Acts 2017, 85th Leg., R.S., Ch. 1093 (H.B. Texas Family Code, sec. State law HB1521, TFC §58.0051, and TAC §700.203 allow DFPS to give information on open and closed cases to TJJD and JPD within 14 days of the request being received, when a youth is: 1. 23, eff. Acts 2017, 85th Leg., R.S., Ch. 21(4), eff. Added by Acts 1995, 74th Leg., ch. 1549), Sec. 54.0405. child placed on probation for conduct constituting sexual offense. (b) Except as provided by Section 54.051(d-1) and by Article 15.27, Code of Criminal Procedure, the records, whether physical or electronic, of a juvenile court, a clerk of court, a juvenile probation department, or a prosecuting attorney relating to a child who is a party to a proceeding under this title may be inspected or copied only by: (1) the judge, probation officers, and professional staff or consultants of the juvenile court; (2) a juvenile justice agency as that term is defined by Section 58.101; (3) an attorney representing the child's parent in a proceeding under this title; (6) an individual or entity to whom the child is referred for treatment or services, including assistance in transitioning the child to the community after the child's release or discharge from a juvenile facility; (7) a public or private agency or institution providing supervision of the child by arrangement of the juvenile court, or having custody of the child under juvenile court order; or. DUTIES OF JUVENILE BOARD. (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. 58.264. Access for Level 3 agencies is to information at Levels 1, 2, and 3. CHAPTER 51. A juvenile is an individual between the ages of 10 to 17 in Texas. Acts 2017, 85th Leg., R.S., Ch. 908 (H.B. JUVENILE JUSTICE CODE. 908 (H.B. 1297, Sec. (c) Not later than the 60th day after the date the juvenile court receives notice from the juvenile probation department under Subsection (b), the juvenile court shall issue an order sealing all records relating to the person named in the notice. 54.0406. child placed on probation for conduct involving a handgun. Acts 2017, 85th Leg., R.S., Ch. (b) If a person's records have been sealed, the information in the records, the fact that the records once existed, or the person's denial of the existence of the records or of the person's involvement in a juvenile matter may not be used against the person in any manner, including in: (1) a perjury prosecution or other criminal proceeding; (2) a civil proceeding, including an administrative proceeding involving a governmental entity; (3) an application process for licensing or certification; or. CHAPTER 57. 746 (S.B. Sept. 1, 2001. Added by Acts 1995, 74th Leg., ch. The court may not charge a fee for filing the application, regardless of the form of the application. 53, eff. (3) a prosecuting attorney, in relation to the records in the possession of the prosecuting attorney's office. Sec. (2) provide the court with a list of all referrals received by the department relating to that person and the outcome of each referral. (a) A local juvenile justice information system must consist of: (1) information relating to all referrals to the juvenile court of any type, including referrals for conduct indicating a need for supervision and delinquent conduct; and. Receiving family services through DFPS Family-Based Safety Services. CERTIFICATION OF ELIGIBILITY FOR SEALING RECORDS WITHOUT APPLICATION FOR DELINQUENT CONDUCT. Sec. These changes substantially changed Chapter 58 of the Family Code that outlines and … 24, eff. Amended by Acts 2001, 77th Leg., ch. 3705), Sec. TYPES OF INFORMATION COLLECTED. A juvenile court, on the court's own motion and without a hearing, shall immediately order the sealing of all records related to the alleged conduct if the court enters a finding that the allegations are not true. (e) Except as otherwise required by applicable state laws or regulations, information required by this chapter to be reported to the department shall be reported promptly. 908 (H.B. Acts 2007, 80th Leg., R.S., Ch. 41, eff. Sec. Acts 2009, 81st Leg., R.S., Ch. Sec. (a) This section applies only to the inspection, copying, and maintenance of a record concerning a child and the storage of information, by electronic means or otherwise, concerning the child from which a record could be generated and does not affect the collection, dissemination, or maintenance of information as provided by Subchapter B or D-1. 588 (H.B. SEALING RECORDS WITHOUT APPLICATION: FINDING OF NOT TRUE. (b) A local juvenile justice information system for a multicounty region shall to the extent possible include the partner agencies listed in Subsections (a)(1)-(6) for each county in the region and the following partner agencies from within the multicounty region that have applied for membership in the system and have been approved by the regional juvenile board committee: Acts 2005, 79th Leg., Ch. The Juvenile District Court Trial Division, shall have filed and docketed the following matters: All cases arising under Title 3 of the Texas Family Code (Juvenile Justice Code). 316 (H.B. (c) An individual or entity that receives confidential information under this section may not disclose the information unless otherwise authorized by law. Acts 2015, 84th Leg., R.S., Ch. 316 (H.B. Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 16, eff. 58.0052. 54.04013. special commitment to texas juvenile justice department. (b-1) A person who is the subject of the records is entitled to access the records for the purpose of preparing and presenting a motion or application to seal the records. Jan. 1, 1996. September 1, 2019. September 1, 2005. 908 (H.B. (a) This section describes the level of access to information to which each partner agency in a local juvenile justice information system is entitled. Added by Acts 1995, 74th Leg., ch. September 1, 2017. (a) This section applies only to the inspection, copying, and maintenance of a record concerning a child and to the storage of information, by electronic means or otherwise, concerning the child from which a record could be generated and does not affect the collection, dissemination, or maintenance of information as provided by Subchapter B. 1575), Sec. 2862), Sec. September 1, 2015. 2398), Sec. Acts 2019, 86th Leg., R.S., Ch. (a) A case plan must be developed for each juvenile assigned to progressive sanctions level three, four, or five, as defined in Texas Family Code Chapter 59, and for each juvenile given determinate sentence probation under Texas Family Code §54.04(q). (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. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. TAC Chapter 345 Juvenile Justice Professional Code of … The court shall order the destruction of the records relating to the conduct for which a child is taken into custody or referred to juvenile court without being taken into custody, including records contained in the juvenile justice information system, if: (1) a determination is made under Section 53.01 that no probable cause exists to believe the child engaged in the conduct and the case is not referred to a prosecutor for review under Section 53.012; or. 908 (H.B. JUVENILE JUSTICE CODE CHAPTER 58. (b) A local juvenile justice information system may contain the following components: (1) case management resources for juvenile courts, court clerks, prosecuting attorneys, and county juvenile probation departments; (2) reporting systems to fulfill statutory requirements for reporting in the juvenile justice system; (3) service provider directories and indexes of agencies providing services to children; (4) victim-witness notices required under Chapter 57; (5) electronic filing of complaints or petitions, court orders, and other documents filed with the court, including documents containing electronic signatures; (6) electronic offense and intake processing; (7) case docket management and calendaring; (8) communications by email or other electronic communications between partner agencies; (9) reporting of charges filed, adjudications and dispositions of juveniles by municipal and justice courts and the juvenile court, and transfers of cases to the juvenile court as authorized or required by Section 51.08; (10) reporting to schools under Article 15.27, Code of Criminal Procedure, by law enforcement agencies, prosecuting attorneys, and juvenile courts; (11) records of adjudications and dispositions, including probation conditions ordered by the juvenile court; (12) warrant management and confirmation capabilities; and. 746 (S.B. texas administrative code: title 37: public safety and corrections: part 11: texas juvenile justice department: chapter 359: memorandums of understanding: (e) If, after receiving a certification under Subsection (a), the juvenile probation department determines that the person's records are not eligible to be sealed, the juvenile probation department and the Department of Public Safety shall update the juvenile justice information system to reflect that determination and no further action related to the records is required. Added by Acts 2007, 80th Leg., R.S., Ch. (7) the termination of probation supervision or discharge from commitment of the juvenile offender. Sept. 1, 2001. 1086, Sec. (a) The department is responsible for recording data and maintaining a database for a computerized juvenile justice information system that serves: (1) as the record creation point for the juvenile justice information system maintained by the state; and. sec. 53, eff. (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. (c) The department may designate codes relating to the information described by Subsection (b). (70) TJJD--The Texas Juvenile Justice Department. Sec. September 1, 2015. 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. 935 (H.B. Sec. September 1, 2017. 1304), Sec. (4) cooperate with the department to enable the department to perform its duties under this chapter. 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. 58.0022. 16, eff. 4, eff. (B) provide delinquency prevention or treatment services to the student. (d) In each county, the reporting agencies may make alternative arrangements for reporting the required information, including combined reporting or electronic reporting, if the alternative reporting is approved by the juvenile board and the department. September 1, 2017. (f) If a child has been reported missing by a parent, guardian, or conservator of that child, information about the child may be forwarded to and disseminated by the Texas Crime Information Center and the National Crime Information Center. 2, eff. Acts 2017, 85th Leg., R.S., Ch. Sec. (a) A hearing regarding the sealing of a person's records must be held not later than the 60th day after the date the court receives the person's application under Section 58.256. 1521), Sec. The fundamental rights of the parent to the care, custody and nurture of the child are frequently in conflict with the state’s parental role over the welfare of children represented in the doctrine “parents patriae." 1304), Sec. (b) Not later than the 60th day after the date of the entry of the order, the court shall provide a copy of the order to: (2) the Texas Juvenile Justice Department, if the person was committed to the department; (4) the juvenile probation department serving the court; (6) each law enforcement agency that had contact with the person in relation to the conduct that is the subject of the sealing order; (7) each public or private agency that had custody of or that provided supervision or services to the person in relation to the conduct that is the subject of the sealing order; and. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. Added by Acts 2017, 85th Leg., R.S., Ch. (2) for each child committed to a facility described by Subdivision (1): (A) a general description of the offense committed by the child or the conduct of the child that led to the child's commitment to the facility; (B) the year the child was committed to the facility; and. September 1, 2015. ... PART 11. 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