texas juvenile justice code

December 30, 2020 in Uncategorized

653 (S.B. (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. Therefore, you may see more or fewer juveniles under 12 years old, depending on the direction the local juvenile board takes with its policy. Sept. 1, 2003. Jan. 1, 1996. A juvenile may be emancipated at age 17, see Texas Family Code 31.001. CHAPTER 6 . September 1, 2019. 5, eff. 1093 (H.B. 131 (H.B. (b) A law enforcement officer may take temporary custody of a child to take the child's photograph, or may obtain a photograph of a child from a juvenile probation department in possession of a photograph of the child, if: (1) the officer has probable cause to believe that the child has engaged in delinquent conduct; and. Sec. Texas Human Resources Code > Title 10 - Juvenile Boards, Juvenile Probation Departments, and Family Services Offices Texas Human Resources Code > Title 12 - Juvenile Justice Services and Facilities More » September 1, 2019. (d) The department shall designate a state identification number for each juvenile offender. Acts 2017, 85th Leg., R.S., Ch. 1093 (H.B. Sec. 1969), Sec. Access for Level 2 agencies is only to information at Levels 1 and 2. 2, eff. Acts 2019, 86th Leg., R.S., Ch. (d) Electronic records are considered to be destroyed if the electronic records, including the index to the records, are deleted. This section does not apply to a record relating to a child that is: (b) Except as provided by Subsection (c), 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. 1106), Sec. Jan. 1, 1996. September 1, 2011. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. 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 Family and Protective Services; (G) a juvenile justice alternative education program; (I) a local mental health or mental retardation authority; (J) a court with jurisdiction over juveniles; (M) a children's advocacy center established under Section 264.402. 467 (H.B. 549 Texas Juvenile Justice jobs available in Texas on Indeed.com. (2) who has not been charged with a fineable only offense, a status offense, or delinquent conduct. (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. September 1, 2005. Sec. 53, eff. 58.108. A juvenile board or a regional juvenile board committee shall require all partner agencies to maintain security and restrict access in accordance with the requirements of this title. September 1, 2017. (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. Committed to Public Service. (e) If, after receiving a certification under Subsection (a), the juvenile probation department determines that the person's records are not eligible to be sealed, the juvenile probation department and the Department of Public Safety shall update the juvenile justice information system to reflect that determination and no further action related to the records is required. (B) provide delinquency prevention or treatment services to the student. (6) does not have any pending charges as an adult for a felony or a misdemeanor punishable by confinement in jail. 131 (H.B. 11, eff. 60, eff. 58.403. Sec. (c) A juvenile service provider may disclose personally identifiable information under this section only for the purposes of: (2) coordinating and monitoring care for a multi-system youth; and. (b) The burden of proof at the hearing is on the party who filed the application. Texas Administrative Code (TAC) is a compilation of all state agency rules in Texas. Sept. 1, 2001. (d) A juvenile justice alternative education program must focus on English language arts, mathematics, science, social studies, and self-discipline. 21(4), eff. (c) A person who is the subject of the sealed records may not waive the protected status of the records or the consequences of the protected status. (a) An order sealing the records of a person under this subchapter must include either the following information or the reason one or more of the following is not included in the order: (2) each instance of conduct indicating a need for supervision or delinquent conduct alleged against the person or for which the person was referred to the juvenile justice system; (3) the date on which and the county in which each instance of conduct was alleged to have occurred; (4) if any petitions relating to the person were filed in juvenile court, the cause number assigned to each petition and the court and county in which each petition was filed; and. 1, eff. 2931), Sec. Consent of the child's parent or guardian is not required to photograph or fingerprint a child described by Subsection (a)(1) or (2). (8) "Nonoffender" means a child who: 908 (H.B. Added by Acts 1995, 74th Leg., ch. (f) A law enforcement agency may maintain information relating to a child after the 90th day after the date the child successfully completes a first offender program under Section 52.031 only to determine the child's eligibility to participate in a first offender program. DISSEMINATION OF CONFIDENTIAL INFORMATION IN JUVENILE JUSTICE INFORMATION SYSTEM. UNIFORM INCIDENT FINGERPRINT CARD. September 1, 2017. Juvenile Justice Information System (JJIS) During the 74th Regular Session in 1995, the Texas Legislature made extensive changes in the Juvenile Justice System. Sept. 1, 2001. RECORDS Sec. (d) The database must contain the information required by this subchapter. Percent of Determinate and Certified Juveniles by Ethnicity, FY 2005–09, as a percentage of the total juvenile population in Texas, 2009 12 Figure 5. 746 (S.B. (d-1) For purposes of Subsection (d), "chief executive officer" includes: (1) the superintendent of a public school; (2) the director of an open-enrollment charter school; and. Added by Acts 1995, 74th Leg., ch. (c) Information from a local juvenile justice information system may not be disclosed to persons, agencies, or organizations that are not members of the system except to the extent disclosure is authorized or mandated by this title. 5, eff. (c) Except as provided by Subsection (d), not later than the 60th day after the date the juvenile probation department receives a certification under Subsection (a), the juvenile probation department shall: (1) give notice of the receipt of the certification to the juvenile court; and. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. CHAPTER 51. texas administrative code: title 37: public safety and corrections: part 11: texas juvenile justice department: chapter 359: memorandums of understanding: CHAPTER 54. (e) Information in a local juvenile justice information system, including electronic signature systems, shall be protected from unauthorized access by a system of access security and any access to information in a local juvenile information system performed by browser software shall be at the level of at least 2048-bit encryption. 58.109. featuring summaries of federal and state 1 3 Texas Family Code, Section 53.01 2 3 Texas Family Code, Section 53.011 3 3 Texas Family Code… Acts 2017, 85th Leg., R.S., Ch. 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. (b) Subsection (a) does not apply to a document maintained by a juvenile justice or law enforcement agency that is the source of information collected by the department. 2, eff. 58.002. 54.0405. child placed on probation for conduct constituting sexual offense. Texas Government Code § 411.1141. 21, eff. 1304), Sec. GENERAL PROVISIONS. (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. September 1, 2015. PURPOSE AND INTERPRETATION. 35, eff. September 1, 2017. (3) the officer has probable cause to believe that the child's fingerprints will match the other fingerprints. The authority granted by this subchapter is cumulative of all other authority granted by this chapter to a county, the department, or a juvenile justice agency and nothing in this subchapter limits the authority of a county, the department, or a juvenile justice agency under this chapter to create an information system or to share information related to a juvenile. 380, Sec. (6) "Juvenile court" means a court designated under Section 51.04 of this code to exercise jurisdiction over proceedings under this title. (3) the chief executive officer of a private school. September 1, 2013. 653 (S.B. 1304), Sec. (2) provide the court with a list of all referrals received by the department relating to that person and the outcome of each referral. 1304), Sec. Added by Acts 2001, 77th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. The information shall be reported not later than the 30th day after the date the information is received by the agency responsible for reporting the information, except that a juvenile offender's custody or detention without previous custody shall be reported to the department not later than the seventh day after the date of the custody or detention. (e) The Texas Juvenile Justice Department shall grant access to juvenile justice information for legislative purposes under Section 552.008, Government Code. 58.0052. 1575), Sec. 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) This section describes the level of access to information to which each partner agency in a local juvenile justice information system is entitled. 23, eff. 1304), Sec. Added by Acts 2017, 85th Leg., R.S., Ch. 1299 (H.B. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2001. (f) This section does not authorize the destruction of the records of the juvenile court or clerk of court. 5, eff. The Texas Juvenile Justice Department shall make a prompt, thorough investigation as provided by this chapter if that department receives a report of alleged abuse, neglect, or exploitation in any juvenile justice program or facility. 1477, Sec. 20, eff. 141 of the Texas Human Resources Code. SUBCHAPTER D. LOCAL JUVENILE JUSTICE INFORMATION SYSTEM. September 1, 2017. (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; (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; (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. ACCESS TO INFORMATION; LEVELS. (3) improve and maintain community safety. 1058 (H.B. This is FindLaw's hosted version of Texas Family Code . Texas Family Code - FAM. 746 (S.B. 1760), Sec. The report must include: (1) the total number of children committed by the judge to: (A) a correctional facility operated by the Texas Juvenile Justice Department; or, (B) a post-adjudication secure correctional facility as that term is defined by Section 54.04011; and. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 2001. Acts 2015, 84th Leg., R.S., Ch. 131 (H.B. o A juvenile is committed to the Texas Juvenile Justice Department for a term of years with possible transfer to TDCJ at age 19. o A juvenile court judge or jury can grant probation up to 10 years long. September 1, 2017. 28, eff. 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