Texas § FA.58.005 - CONFIDENTIALITY OF FACILITY RECORDS

§ FA.58.005. CONFIDENTIALITY OF FACILITY RECORDS

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) 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; (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; (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, 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. (c) An individual or entity that receives confidential information under this section may not disclose the information unless otherwise authorized by law. 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. Acts 2019, 86th Leg., R.S., Ch. 131 (H.B. 1760 ), Sec. 1, eff. September 1, 2019.