texas juvenile justice code

The Texas Juvenile Justice Department is dedicated to caring for the youth in our system and promoting the public safety of all Texans Regionalization COVID-19 UPDATES To learn the latest about TJJD’s response to COVID-19, visit our page dedicated to the pandemic . Sec. (a) A person who was referred to a juvenile court 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; (3) has not been referred to the juvenile probation department for delinquent conduct; (4) has not as an adult been convicted of a felony; and. Texas Attorney General’s Office . Acts 2017, 85th Leg., R.S., Ch. 2884), Sec. Acts 2015, 84th Leg., R.S., Ch. 1760), Sec. 58.107. (d) If information relating to a child is contained in a document that also contains information relating to an adult and a law enforcement agency is required to destroy all information relating to the child under this section, the agency shall alter the document so that the information relating to the child is destroyed and the information relating to the adult is preserved. Acts 2019, 86th Leg., R.S., Ch. 7, eff. (7) the circumstances under which a sealed record may be reopened. Sec. 19, eff. (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. September 1, 2017. 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. (e) The department shall designate the offense codes and has the sole responsibility for designating the state identification number for each juvenile whose name appears in the juvenile justice system. 3705), Sec. Acts 2017, 85th Leg., R.S., Ch. (b) A local juvenile justice information system may contain the following components: (1) case management resources for juvenile courts, court clerks, prosecuting attorneys, and county juvenile probation departments; (2) reporting systems to fulfill statutory requirements for reporting in the juvenile justice system; (3) service provider directories and indexes of agencies providing services to children; (4) victim-witness notices required under Chapter 57; (5) electronic filing of complaints or petitions, court orders, and other documents filed with the court, including documents containing electronic signatures; (6) electronic offense and intake processing; (7) case docket management and calendaring; (8) communications by email or other electronic communications between partner agencies; (9) reporting of charges filed, adjudications and dispositions of juveniles by municipal and justice courts and the juvenile court, and transfers of cases to the juvenile court as authorized or required by Section 51.08; (10) reporting to schools under Article 15.27, Code of Criminal Procedure, by law enforcement agencies, prosecuting attorneys, and juvenile courts; (11) records of adjudications and dispositions, including probation conditions ordered by the juvenile court; (12) warrant management and confirmation capabilities; and. (4) "Incident number" means a unique number assigned to a child during a specific custodial or detention period or for a specific referral to the office or official designated by the juvenile board, if the juvenile offender was not taken into custody before the referral. (2) municipal courts that process juvenile cases. ORDER SEALING RECORDS. (2) "Juvenile matter" means a referral to a juvenile court or juvenile probation department and all related court proceedings and outcomes, if any. 653), Sec. (a) Subject to Subsection (f), the juvenile justice information system shall consist of information relating to delinquent conduct committed or alleged to have been committed by a juvenile offender that, if the conduct had been committed by an adult, would constitute a criminal offense other than an offense punishable by a fine only, including information relating to: (2) the intake or referral of the juvenile offender into the juvenile justice system; (3) the detention of the juvenile offender; (4) the prosecution of the juvenile offender; (5) the disposition of the juvenile offender's case, including the name and description of any program to which the juvenile offender is referred; (6) the probation or commitment of the juvenile offender; and. texas juvenile justice department: chapter 345: juvenile justice professional code of ethics for certified officers: subchapter c: code of ethics: rules §345.300: adherence and reporting violations §345.310: Texas Administrative Code (a) The people of Texas expect juvenile justice professionals to exhibit honesty and respect for the dignity and individuality of human beings and display a commitment to professional and compassionate service. (2) "Juvenile facility" means a facility that: (A) serves juveniles under a juvenile court's jurisdiction; and. (d) Subchapter L, Chapter 2054, Government Code, does not apply to the statewide juvenile information and case management system created under this subchapter. September 1, 2015. (a) An entity receiving an order to seal the records of a person issued under this subchapter shall, not later than the 61st day after the date of receiving the order, take the following actions, as applicable: (1) the Department of Public Safety shall: (A) limit access to the records relating to the person in the juvenile justice information system to only the Texas Juvenile Justice Department for the purpose of conducting research and statistical studies; (B) destroy any other records relating to the person in the department's possession, including DNA records as provided by Section 411.151, Government Code; and. (c) If the Department of Public Safety assigns a state identification number for the juvenile, the identification number shall be entered in the local juvenile information system. 131 (H.B. This is FindLaw's hosted version of Texas Family Code . Amended by Acts 1997, 75th Leg., ch. 746 (S.B. (b-1) A person who is the subject of the records is entitled to access the records for the purpose of preparing and presenting a motion or application to seal the records. JUVENILE INFORMATION SYSTEM. View Previous Versions of the Texas Statutes, CHAPTER 52 - PROCEEDINGS BEFORE AND INCLUDING REFERRAL TO COURT, CHAPTER 53 - PROCEEDINGS PRIOR TO JUDICIAL PROCEEDINGS, CHAPTER 55 - PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY, CHAPTER 58 - RECORDS; JUVENILE JUSTICE INFORMATION SYSTEM, CHAPTER 60 - UNIFORM INTERSTATE COMPACT ON JUVENILES, CHAPTER 61 - RIGHTS AND RESPONSIBILITIES OF PARENTS AND OTHER ELIGIBLE PERSONS. (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 in a proceeding under this title; (6) 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; (7) 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. Sec. (a) Subject to Subsections (b) and (c) of this section, Section 202.001, Local Government Code, and any other restrictions imposed by an entity's records retention guidelines, the following persons may authorize the destruction of records in a closed juvenile matter, regardless of the date the records were created: (1) a juvenile board, in relation to the records in the possession of the juvenile probation department; (2) the head of a law enforcement agency, in relation to the records in the possession of the agency; and. SUBCHAPTER D-1. September 1, 2015. INFORMATION GIVEN TO CHILD REGARDING SEALING OF RECORDS. 58.256. Acts 2015, 84th Leg., R.S., Ch. 27, eff. September 1, 2017. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. (a) The Department of Public Safety shall certify to a juvenile probation department that has submitted records to the juvenile justice information system that the records relating to a person referred to the juvenile probation department appear to be eligible for sealing under Section 58.253. 1, eff. (d) The database must contain the information required by this subchapter. 2020 CJIS & JJIS Conference; 2018 CJIS & JJIS Conference; Adult & Juvenile Reporting Codes 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. September 1, 2015. (f) The Texas Juvenile Justice Department may not release juvenile justice information in identifiable form, except for information released under Subsection (c)(1), (2), (3), or (4) or under the terms of an agreement entered into under Subsection (d)(2). (b) The department may use funds appropriated for the implementation of this section to pay costs incurred under an interlocal contract described by Subsection (a), including license fees, maintenance and operations costs, administrative costs, and any other costs specified in the interlocal contract. 1549), Sec. If the juvenile probation department later determines that the person's records are eligible to be sealed, the juvenile probation department shall notify the juvenile court and provide the court the information described by Subsection (c) not later than the 30th day after the date of the determination. (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. (c) The law enforcement records of a person with a determinate sentence who is transferred to the Texas Department of Criminal Justice may be transferred to a central state or federal depository for adult records after the date of transfer and may be shared in accordance with the laws governing the adult records in the depository. 21 (1), eff. (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. Expand sections by using the arrow icons. 316 (H.B. 131 (H.B. (3) improving the quality of juvenile services provided to a multi-system youth. (3) the officer has probable cause to believe that the child's fingerprints will match the other fingerprints. 54.0406. child placed on probation for conduct involving a handgun. o Minimum age is 10 years old o Only available for habitual felony conduct o … September 1, 2017. (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. Acts 2017, 85th Leg., R.S., Ch. (b) The Department of Public Safety may issue the certification described by Subsection (a) by electronic means, including by electronic mail. 1021 (H.B. (5) any individual or entity whose presence at the hearing is requested by the person or prosecutor. 1760), Sec. September 1, 2017. 28, eff. … There are 16 titles in the TAC. If a court receives a request from a prosecuting attorney under this subsection, the court shall, if the court possesses the requested record of adjudication, certify and provide the prosecuting attorney with a copy of the record. Sec. (b) The burden of proof at the hearing is on the party who filed the application. ACTIONS TAKEN ON RECEIPT OF ORDER TO SEAL RECORDS. September 1, 2019. 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. September 1, 2007. 1960), Sec. (3) subject to disclosure under Chapter 62, Code of Criminal Procedure. 1, eff. 1304), Sec. 85 (S.B. January 1, 2019. Amended by Acts 1997, 75th Leg., ch. (b) On or before December 31 of each year, the head of each municipal or county law enforcement agency located in a county shall certify to the juvenile board for that county that the photographs and fingerprints required to be destroyed under Section 58.001 have been destroyed. (3) a court, the Texas Department of Criminal Justice, or the Texas Juvenile Justice Department for the purposes of Article 62.007(e), Code of Criminal Procedure. 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. TEXAS FAMILY CODE. Information at this site is not guaranteed and should be independently verified. (5) "Juvenile justice agency" means an agency that has custody or control over juvenile offenders. 734 (H.B. 58.351. JUVENILE JUSTICE CODE CHAPTER 58. 2, eff. (a) This section describes the level of access to information to which each partner agency in a local juvenile justice information system is entitled. 1575), Sec. 131 (H.B. (b) The law enforcement agency or the juvenile intake agency that initiates the entry of the juvenile offender into the juvenile justice information system for a specific incident shall prepare a uniform incident fingerprint card and initiate the reporting process for each incident reportable under this subchapter. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 2003. Sec. (b) Not later than the 10th day following the first day of each quarter, a juvenile court judge shall update the information posted on a county Internet website under Subsection (a). (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: (B) provides for the waiver of a fee; or. 949 (H.B. (a) Law enforceme… Acts 2017, 85th Leg., R.S., Ch. September 1, 2019. Access to Criminal History Record Information: Texas Juvenile Justice Department 1, eff. WARRANTS. Texas Juvenile Justice Department; and (2) juvenile courts and clerks of juvenile courts. 11, eff. (e) On receipt of an application under this section, the court may: (1) order the sealing of the person's records immediately, without a hearing; or. 1106), Sec. 27, eff. 51.01. (a) Juvenile justice agencies in a county or region of this state may jointly create and maintain a local juvenile justice information system to aid in processing the cases of children under this code, to facilitate the delivery of services to children in the juvenile justice system, and to aid in the early identification of at-risk and delinquent children. 1304), Sec. CONFIDENTIALITY. TAC Chapter 345 Juvenile Justice Professional Code of … sec. Sec. PERMISSIBLE DESTRUCTION OF RECORDS. DEFINITIONS. September 1, 2017. (13) case management for juveniles in juvenile facilities. Delinquent Conduct - defined by the Juvenile Justice Code as conduct, other than a traffic offense, which violates a penal law of the state of Texas and is punishable by imprisonment or by confinement in jail; or a violation of a reasonable and lawful order which was entered by a juvenile court. sec. (4) a list of all entities the person believes have possession of records related to the person, including the applicable entities listed under Section 58.258(b). (g) This section does not affect the confidential status of the information being shared. ... JUVENILE JUSTICE PROFESSIONAL CODE OF ETHICS FOR CERTIFIED OFFICERS CHAPTER 345. Therefore, you may see more or fewer juveniles under 12 years old, depending on the direction the local juvenile board takes with its policy. The Texas Juvenile Justice Department is dedicated to caring for the youth in our system and promoting the public safety of all Texans Document Library COVID-19 UPDATES To learn the latest about TJJD’s response to COVID-19, visit our page dedicated to the pandemic . By TJJD in accordance with Texas Government Code Chapter 2001 records of the prosecuting attorney 's.... Is only to information at Levels 1 and 2 Code, or other! 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