Tex. Fam. Code Section 54.033
Sexually Transmitted Disease, Aids, and Hiv Testing


(a)

A child found at the conclusion of an adjudication hearing under Section 54.03 (Adjudication Hearing) of this code to have engaged in delinquent conduct that included a violation of Sections 21.11 (Indecency with a Child)(a)(1), 22.011 (Sexual Assault), or 22.021 (Aggravated Sexual Assault), Penal Code, shall undergo a medical procedure or test at the direction of the juvenile court designed to show or help show whether the child has a sexually transmitted disease, acquired immune deficiency syndrome (AIDS), human immunodeficiency virus (HIV) infection, antibodies to HIV, or infection with any other probable causative agent of AIDS. The court may direct the child to undergo the procedure or test on the court’s own motion or on the request of the victim of the delinquent conduct.

(b)

If the child or another person who has the power to consent to medical treatment for the child refuses to submit voluntarily or consent to the procedure or test, the court shall require the child to submit to the procedure or test.

(c)

The person performing the procedure or test shall make the test results available to the local health authority. The local health authority shall be required to notify the victim of the delinquent conduct and the person found to have engaged in the delinquent conduct of the test result.

(d)

The state may not use the fact that a medical procedure or test was performed on a child under this section or use the results of the procedure or test in any proceeding arising out of the delinquent conduct.

(e)

Testing under this section shall be conducted in accordance with written infectious disease control protocols adopted by the Texas Board of Health that clearly establish procedural guidelines that provide criteria for testing and that respect the rights of the child and the victim of the delinquent conduct.

(f)

Nothing in this section allows a court to release a test result to anyone other than a person specifically authorized under this section. Section 81.103 (Confidentiality; Criminal Penalty)(d), Health and Safety Code, may not be construed to allow the disclosure of test results under this section except as provided by this section.
Added by Acts 1993, 73rd Leg., ch. 811, Sec. 2, eff. Sept. 1, 1993.

Source: Section 54.033 — Sexually Transmitted Disease, Aids, and Hiv Testing, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­54.­htm#54.­033 (accessed Mar. 23, 2024).

54.01
Detention Hearing
54.02
Waiver of Jurisdiction and Discretionary Transfer to Criminal Court
54.03
Adjudication Hearing
54.04
Disposition Hearing
54.05
Hearing to Modify Disposition
54.07
Enforcement of Order
54.08
Public Access to Court Hearings
54.09
Recording of Proceedings
54.10
Hearings Before Referee
54.011
Detention Hearings for Status Offenders and Nonoffenders
54.11
Release or Transfer Hearing
54.012
Remote Conduct of Detention Hearing
54.021
Services Provided to Child in Detention Facility Pending Criminal Prosecution
54.031
Hearsay Statement of Certain Abuse Victims
54.032
Deferral of Adjudication and Dismissal of Certain Cases on Completion of Teen Court Program
54.033
Sexually Transmitted Disease, Aids, and Hiv Testing
54.034
Limited Right to Appeal: Warning
54.041
Orders Affecting Parents and Others
54.042
License Suspension
54.043
Monitoring School Attendance
54.044
Community Service
54.045
Admission of Unadjudicated Conduct
54.046
Conditions of Probation for Damaging Property with Graffiti
54.047
Alcohol or Drug Related Offense
54.048
Restitution
54.049
Conditions of Probation for Desecrating a Cemetery or Abusing a Corpse
54.051
Transfer of Determinate Sentence Probation to Appropriate District Court
54.052
Credit for Time Spent in Detention Facility for Child with Determinate Sentence
54.0325
Deferral of Adjudication and Dismissal of Certain Cases on Completion of Teen Dating Violence Court Program
54.0326
Deferral of Adjudication and Dismissal of Certain Cases on Completion of Trafficked Persons Program
54.0401
Community-based Programs
54.0404
Electronic Transmission of Certain Visual Material Depicting Minor: Educational Programs
54.0405
Child Placed on Probation for Conduct Constituting Sexual Offense
54.0406
Child Placed on Probation for Conduct Involving a Handgun
54.0407
Cruelty to Animals: Counseling Required
54.0408
Referral of Child Exiting Probation to Mental Health Authority or Intellectual and Developmental Disability Authority
54.0409
Dna Sample Required on Certain Felony Adjudications
54.0481
Restitution for Damaging Property with Graffiti
54.0482
Treatment of Restitution Payments
54.0491
Gang-related Conduct
54.04012
Trafficked Persons Program
54.04013
Special Commitment to Texas Juvenile Justice Department

Accessed:
Mar. 23, 2024

§ 54.033’s source at texas​.gov