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.
Source:
Section 58.005 — Confidentiality of Facility Records, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.58.htm#58.005 (accessed Jun. 5, 2024).
