81R4065 NC-D
By: Wentworth S.B. No. 861
A BILL TO BE ENTITLED
AN ACT
relating to the exchange of information among certain governmental
entities concerning at-risk youth.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 58, Family Code, is
amended by adding Section 58.0052 to read as follows:
Sec. 58.0052. EXCHANGE OF INFORMATION CONCERNING AT-RISK
YOUTH. (a) In this section:
(1) "Agency" means any of the following entities, a
person with an agency relationship with any of the following
entities, or a person who contracts with any of the following
entities:
(A) the Texas Youth Commission;
(B) the Texas Juvenile Probation Commission;
(C) the Department of Family and Protective
Services;
(D) a juvenile probation department;
(E) a local mental health or mental retardation
authority;
(F) a municipal or county health department;
(G) a hospital district; or
(H) a county-funded program for at-risk youth.
(2) "At-risk youth" means a person who is under 18
years of age and:
(A) who has been referred to a juvenile court for
allegedly engaging in delinquent conduct or conduct indicating a
need for supervision;
(B) who:
(i) has been adjudicated as having engaged
in delinquent conduct or conduct indicating a need for supervision;
and
(ii) is in the custody of the Texas Youth
Commission or a juvenile board or is under any form of juvenile
probation or supervision; or
(C) who has a history of active involvement with
the Department of Family and Protective Services or a local mental
health or mental retardation authority.
(b) An agency shall:
(1) disclose to another agency information relating to
an at-risk youth, including information concerning the at-risk
youth's identity, needs, treatment, social, criminal, and
vocational history, probation or supervision status and compliance
with the conditions of the at-risk youth's probation or
supervision, and medical and mental health history, if the
disclosure serves the purpose provided under Subsection (d); and
(2) accept information relating to an at-risk youth
that is sent to the agency for the purpose provided under Subsection
(d).
(c) An agency shall comply with Subsection (b) regardless of
whether other state law makes that information confidential.
(d) An agency may use information provided to the agency
under this section only to assist the agency in providing services
to the at-risk youth who is the subject of the information.
(e) An agency may establish an internal protocol for sharing
information with other agencies 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.
(f) This section does not affect the confidential status of
the information being shared.
SECTION 2. This Act takes effect September 1, 2009.