Tex. Fam. Code 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 (Notification to Schools Required), 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.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 2003, 78th Leg., ch. 283, Sec. 27, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 26(a), eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 60, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 9, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 131 (H.B. 1760), Sec. 1, eff. September 1, 2019.

Source: Section 58.005 — Confidentiality of Facility Records, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­58.­htm#58.­005 (accessed Mar. 23, 2024).

58.001
Law Enforcement Collection and Transmittal of Records of Children
58.002
Photographs and Fingerprints of Children
58.004
Redaction of Victim’s Personally Identifiable Information
58.005
Confidentiality of Facility Records
58.007
Confidentiality of Probation Department, Prosecutor, and Court Records
58.008
Confidentiality of Law Enforcement Records
58.009
Dissemination of Juvenile Justice Information by the Texas Juvenile Justice Department
58.0021
Fingerprints or Photographs for Comparison in Investigation
58.0022
Fingerprints or Photographs to Identify Runaways
58.0051
Interagency Sharing of Educational Records
58.0052
Interagency Sharing of Certain Noneducational Records
58.101
Definitions
58.102
Juvenile Justice Information System
58.103
Purpose of System
58.104
Types of Information Collected
58.105
Duties of Juvenile Board
58.106
Dissemination of Confidential Information in Juvenile Justice Information System
58.107
Compatibility of Data
58.108
Duties of Agencies and Courts
58.109
Uniform Incident Fingerprint Card
58.110
Reporting
58.111
Local Data Advisory Boards
58.113
Warrants
58.251
Definitions
58.252
Exempted Records
58.253
Sealing Records Without Application: Delinquent Conduct
58.254
Certification of Eligibility for Sealing Records Without Application for Delinquent Conduct
58.255
Sealing Records Without Application: Conduct Indicating Need for Supervision
58.256
Application for Sealing Records
58.257
Hearing Regarding Sealing of Records
58.258
Order Sealing Records
58.259
Actions Taken on Receipt of Order to Seal Records
58.260
Inspection and Release of Sealed Records
58.261
Effect of Sealing Records
58.262
Information Given to Child Regarding Sealing of Records
58.263
Destruction of Records: No Probable Cause
58.264
Permissible Destruction of Records
58.265
Juvenile Records Not Subject to Expunction
58.301
Definitions
58.302
Purposes of System
58.303
Local Juvenile Justice Information System
58.304
Types of Information Contained in a Local Juvenile Information System
58.305
Partner Agencies
58.306
Access to Information
58.307
Confidentiality of Information
58.351
Applicability
58.352
Information Posted on County Website
58.353
Confidentiality
58.401
Definitions
58.402
Purposes of System
58.403
Juvenile Information System
58.404
Information Collected by Department
58.405
Authority Cumulative
58.2551
Sealing Records Without Application: Finding of Not True

Accessed:
Mar. 23, 2024

§ 58.005’s source at texas​.gov