By: Harris, Huffman S.B. No. 1106
A BILL TO BE ENTITLED
AN ACT
relating to the exchange of confidential information among certain
governmental entities concerning certain juveniles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 37.084, Education Code,
is amended to read as follows:
(a) A school district superintendent or the
superintendent's designee shall [may] disclose information
contained in a student's educational records to a juvenile service
provider as required [justice agency, as that term is defined by
Section 58.101, Family Code, if the disclosure is under an
interagency agreement authorized] by Section 58.0051, Family Code.
SECTION 2. Subchapter A, Chapter 58, Family Code, is
amended by amending Section 58.0051 and adding Section 58.0052 to
read as follows:
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 Public Safety;
(D) the Texas Education Agency;
(E) an independent school district;
(F) a juvenile justice alternative education
program;
(G) a charter school;
(H) a local mental health or mental retardation
authority;
(I) a court with jurisdiction over juveniles;
(J) a district attorney's office;
(K) a county attorney's office; and
(L) 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) [Within each county, a district school superintendent
and the juvenile probation department may enter into a written
interagency agreement to share information about juvenile
offenders. The agreement must specify the conditions under which
summary criminal history information is to be made available to
appropriate school personnel and the conditions under which school
records are to be made available to appropriate juvenile justice
agencies.
[(b) Information disclosed under this section by a school
district must relate to the juvenile system's ability to serve,
before adjudication, the student whose records are being released.
[(c)] A juvenile service provider that [justice agency
official who] receives confidential [educational] information
under this section shall:
(1) certify in writing that the juvenile service
provider [institution or individual] receiving the confidential
[personally identifiable] 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 [justice agency].
(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) [(d)] 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 [justice agency that receives
educational information under this section shall destroy all
information when the child is no longer under the jurisdiction of a
juvenile court.
[(e) The Texas Juvenile Probation Commission may, in
conformity with Section 58.0072 of this code and Section 37.084,
Education Code, enter into an interagency agreement to share
educational information for research, audit, and analytical
purposes with the:
[(1) Texas Education Agency;
[(2) Texas Youth Commission; and
[(3) Texas Department of Criminal Justice].
Sec. 58.0052. INTERAGENCY SHARING OF NONEDUCATIONAL
RECORDS. (a) In this section:
(1) "Juvenile service provider" has the meaning
assigned by Section 58.0051.
(2) "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.
(3) "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) 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;
(2) medical records;
(3) assessment results;
(4) special needs;
(5) program placements; and
(6) psychological diagnoses.
(c) A juvenile service provider may disclose personally
identifiable information under this section only for the purposes
of:
(1) identifying a multi-system youth;
(2) coordinating and monitoring care for a
multi-system youth; and
(3) improving the quality of juvenile services
provided to a multi-system youth.
(d) To the extent that this section conflicts with another
law of this state with respect to confidential information held by a
governmental agency, this section controls.
(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. 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.
(f) 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.
(g) This section does not affect the authority of a
governmental agency to disclose to a third party for research
purposes information that is not personally identifiable as
provided by the governmental agency's protocol.
(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.
SECTION 3. Subsection (a), Section 264.408, Family Code, is
amended to read as follows:
(a) The files, reports, records, communications, and
working papers used or developed in providing services under this
chapter are confidential and not subject to public release under
Chapter 552, Government Code, and may only be disclosed for
purposes consistent with this chapter. Disclosure may be to:
(1) the department, department employees, law
enforcement agencies, prosecuting attorneys, medical
professionals, and other state or local agencies that provide
services to children and families; and
(2) the attorney for the child who is the subject of
the records and a court-appointed volunteer advocate appointed for
the child under Section 107.031.
SECTION 4. Subsection (b), Section 181.002, Health and
Safety Code, is amended to read as follows:
(b) To the extent that this chapter conflicts with another
law, other than Section 58.0052, Family Code, with respect to
protected health information collected by a governmental body or
unit, this chapter controls.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.