Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 58.005 - 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.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 131,Sec. 1, eff. 9/1/2019.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 746,Sec. 9, eff. 9/1/2017.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 734,Sec. 60, eff. 9/1/2015.Amended By Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 26(a), eff. 9/1/2007.Amended by Acts 2003, 78th Leg., ch. 283, Sec. 27, eff. 9/1/2003.Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. 1/1/1996. See Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 131, Sec. 13.