86R6529 EAS-D
By: White, Wu H.B. No. 1760
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality, sharing, sealing, and destruction
of juvenile records and certain records of at-risk youth.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 58.005, Family Code, is amended by
amending Subsection (a-1) and adding Subsection (c) to read as
follows:
(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) an individual [a person] 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 [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) a prosecuting attorney;
(8) a parent, guardian, or custodian with whom a child
will reside after the child's release or discharge from a juvenile
facility;
(9) a governmental agency or court if the record is
necessary for an administrative or legal proceeding and the
personally identifiable information about the child is redacted
before the record is disclosed; or
(10) with permission from the juvenile court, any
other individual [person], agency, or institution having a
legitimate interest in the proceeding or in the work of the court.
(c) An individual or entity that receives confidential
information under this section may not disclose the information
unless otherwise authorized by law.
SECTION 2. Subsection (b-1), Section 58.0052, Family Code,
as added by Chapter 1021 (H.B. 1521), Acts of the 85th Legislature,
Regular Session, 2017, is redesignated as Subsection (b-3), Section
58.0052, Family Code, to read as follows:
(b-3) [(b-1)] At the request of a state or local juvenile
justice agency, the Department of Family and Protective Services or
a single source continuum contractor who contracts with the
department to provide foster care services shall, not later than
the 14th business day after the date of the request, share with the
juvenile justice agency information in the possession of the
department or contractor that is necessary to improve and maintain
community safety or that assists the agency in the continuation of
services for or providing services to a multi-system youth who:
(1) is or has been in the temporary or permanent
managing conservatorship of the department;
(2) is or was the subject of a family-based safety
services case with the department;
(3) has been reported as an alleged victim of abuse or
neglect to the department;
(4) is the perpetrator in a case in which the
department investigation concluded that there was a reason to
believe that abuse or neglect occurred; or
(5) is a victim in a case in which the department
investigation concluded that there was a reason to believe that
abuse or neglect occurred.
SECTION 3. Section 58.007, Family Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(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 [a
party] in a proceeding under this title;
(4) an attorney representing the child;
(5) a prosecuting attorney;
(6) an individual [a person] 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 [, 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];
(7) [(5)] 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
(8) [(6)] with permission from the juvenile court, any
other individual [person], agency, or institution having a
legitimate interest in the proceeding or in the work of the court.
(c) An individual or entity that receives confidential
information under this section may not disclose the information
unless otherwise authorized by law.
SECTION 4. Section 58.008(b), Family Code, is amended to
read as follows:
(b) Except as provided by Subsection (c) [(d)], 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
(3) maintained on a local basis only and not sent to a
central state or federal depository, except as provided by
Subsection (c) or Subchapter B, D, or E.
SECTION 5. Sections 58.009(d) and (f), Family Code, are
amended to read as follows:
(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 [a person] 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
(2) an individual or entity [a person working on a
research or statistical project] that:
(A) is working on a research or statistical
project that meets the requirements of and is approved by the
department; and
(B) has a specific agreement with the department
that:
(i) specifically authorizes access to
information;
(ii) limits the use of information to the
purposes for which the information is given;
(iii) ensures the security and
confidentiality of the information; and
(iv) provides for sanctions if a
requirement imposed under Subparagraph (i), (ii), or (iii) is
violated.
(f) The Texas Juvenile Justice Department may not release
juvenile justice information in identifiable form, except for
information released under Subsection (c)(1), (2), [or] (3), or (4)
or under the terms of an agreement entered into under Subsection
(d)(2). For purposes of this subsection, identifiable information
means information that contains a juvenile offender's name or other
personal identifiers or that can, by virtue of sample size or other
factors, be reasonably interpreted as referring to a particular
juvenile offender.
SECTION 6. Section 58.255(a), Family Code, is amended to
read as follows:
(a) A person who was referred to a juvenile court [probation
department] for conduct indicating a need for supervision is
entitled to have all records related to all conduct indicating a
need for supervision matters sealed without applying to the
juvenile court if the person:
(1) has records relating to the conduct filed with the
court clerk;
(2) is at least 18 years of age;
(3) [(2)] has not been referred to the juvenile
probation department for delinquent conduct;
(4) [(3)] has not as an adult been convicted of a
felony; and
(5) [(4)] does not have any pending charges as an
adult for a felony or a misdemeanor punishable by confinement in
jail.
SECTION 7. Subchapter C-1, Chapter 58, Family Code, is
amended by adding Section 58.2551 to read as follows:
Sec. 58.2551. SEALING RECORDS WITHOUT APPLICATION: FINDING
OF NOT TRUE. 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.
SECTION 8. Section 58.256(c), Family Code, is amended to
read as follows:
(c) Except as provided by Subsection (d), the juvenile court
may order the sealing of records related to all matters for which
the person was referred to the juvenile probation department if the
person:
(1) is at least 17 [18] years of age, or is younger
than 17 [18] years of age and at least one year has [two years have]
elapsed after the date of final discharge in each matter for which
the person was referred to the juvenile probation department;
(2) does not have any delinquent conduct matters
pending with any juvenile probation department or juvenile court;
(3) was not transferred by a juvenile court to a
criminal court for prosecution under Section 54.02;
(4) has not as an adult been convicted of a felony; and
(5) does not have any pending charges as an adult for a
felony or a misdemeanor punishable by confinement in jail.
SECTION 9. Section 58.258(c), Family Code, is amended to
read as follows:
(c) On entry of the order, all adjudications relating to the
person are vacated and the proceedings are dismissed and treated
for all purposes as though the proceedings had never occurred. The
clerk of court shall:
(1) seal all court records relating to the
proceedings, including any records created in the clerk's case
management system; and
(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.
SECTION 10. Section 58.263, Family Code, is amended to read
as follows:
Sec. 58.263. DESTRUCTION OF RECORDS: NO PROBABLE CAUSE.
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
(2) a determination that no probable cause exists to
believe the child engaged in the conduct is made by a prosecutor
under Section 53.012.
SECTION 11. Section 203.0065, Human Resources Code, is
amended by adding Subsections (g) and (h) to read as follows:
(g) The records related to a youth who was provided
prevention and intervention services under this section are
confidential and may only be inspected or copied by an individual or
entity to whom the youth is referred for treatment or services.
(h) An individual or entity that receives information under
this section may not disclose the information unless otherwise
authorized by law.
SECTION 12. The following provisions of the Family Code are
repealed:
(1) Section 58.003(c-3);
(2) Section 58.0053; and
(3) Section 58.007(j).
SECTION 13. The changes in law made by this Act apply to
records created before, on, or after the effective date of this Act.
SECTION 14. This Act takes effect September 1, 2019.