Texas § FA.58.306 - ACCESS TO INFORMATION

§ FA.58.306. ACCESS TO INFORMATION

ACCESS TO INFORMATION; LEVELS. (a) This section describes the level of access to information to which each partner agency in a local juvenile justice information system is entitled. (b) Information is at Access Level 1 if the information relates to a child: (1) who: (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 (2) who has not been charged with a fineable only offense, a status offense, or delinquent conduct. (c) Information is at Access Level 2 if the information relates to a child who: (1) is alleged in a justice or municipal court to have committed a fineable only offense, municipal ordinance violation, or status offense; and (2) has not been charged with delinquent conduct or conduct indicating a need for supervision. (d) Information is at Access Level 3 if the information relates to a child who is alleged to have engaged in delinquent conduct or conduct indicating a need for supervision. (e) Except as provided by Subsection (i), Level 1 Access is by public school districts in the county or region served by the local juvenile justice information system. (f) Except as provided by Subsection (i), Level 2 Access is by: (1) justice of the peace courts that process juvenile cases; and (2) municipal courts that process juvenile cases. (g) Except as provided by Subsection (i), Level 3 Access is by: (1) the juvenile court and court clerk; (2) the prosecuting attorney; (3) the county juvenile probation department; (4) law enforcement agencies; (5) governmental service providers that are partner agencies; (6) governmental juvenile facilities that are partner agencies; and (7) a private juvenile facility that is a partner agency, except the access is limited to information that relates to a child detained or placed in the custody of the facility. (h) Access for Level 1 agencies is only to information at Level 1. Access for Level 2 agencies is only to information at Levels 1 and 2. Access for Level 3 agencies is to information at Levels 1, 2, and 3. (i) Information described by Section 58.304 (b)(23) may be accessed only by: (1) the juvenile court and court clerk; (2) the county juvenile probation department; (3) a governmental juvenile facility that is a partner agency; and (4) a private juvenile facility that is a partner agency, except the access is limited to information that relates to a child detained or placed in the custody of the facility. Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884 ), Sec. 24, eff. September 1, 2007. Acts 2017, 85th Leg., R.S., Ch. 1093 (H.B. 3705 ), Sec. 5, eff. September 1, 2017.