Tex.
Fam. Code Section 58.007
Confidentiality of Probation Department, Prosecutor, and Court Records
(a)
This section applies only to the inspection, copying, and maintenance of a record concerning a child and the storage of information, by electronic means or otherwise, concerning the child from which a record could be generated and does not affect the collection, dissemination, or maintenance of information as provided by Subchapter B or D-1. This section does not apply to a record relating to a child that is:(1)
required or authorized to be maintained under the laws regulating the operation of motor vehicles in this state;(2)
maintained by a municipal or justice court;(3)
subject to disclosure under Chapter 62 (Sex Offender Registration Program), Code of Criminal Procedure;(4)
required to be provided to the Federal Bureau of Investigation under Section 411.052 (Federal Firearm Reporting), Government Code, for use with the National Instant Criminal Background Check System; or(5)
required to be forwarded to the Department of Public Safety under Section 411.0521 (Report to Department Concerning Certain Persons’ Access to Firearms), Government Code.(b)
Except as provided by Section 54.051 (Transfer of Determinate Sentence Probation to Appropriate District Court)(d-1) and by Article 15.27 (Notification to Schools Required), 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 (Definition);(3)
an attorney representing the child’s parent in a proceeding under this title;(4)
an attorney representing the child;(5)
a prosecuting attorney;(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(8)
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-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.(c)
An individual or entity that receives confidential information under this section may not disclose the information unless otherwise authorized by law.(d)
Repealed by Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 21(4), eff. September 1, 2017.(e)
Repealed by Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 21(4), eff. September 1, 2017.(f)
Repealed by Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 21(4), eff. September 1, 2017.(g)
For the purpose of offering a record as evidence in the punishment phase of a criminal proceeding, a prosecuting attorney may obtain the record of a defendant’s adjudication that is admissible under Section 3(a), Article 37.07, Code of Criminal Procedure, by submitting a request for the record to the juvenile court that made the adjudication. 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. If a record has been sealed under this chapter, the juvenile court may not provide a copy of the record to a prosecuting attorney under this subsection.(h)
The juvenile court may disseminate to the public the following information relating to a child who is the subject of a directive to apprehend or a warrant of arrest and who cannot be located for the purpose of apprehension:(1)
the child’s name, including other names by which the child is known;(2)
the child’s physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks, and tattoos;(3)
a photograph of the child; and(4)
a description of the conduct the child is alleged to have committed, including the level and degree of the alleged offense.(i)
In addition to the authority to release information under Subsection (b)(6), a juvenile probation department may release information contained in its records without leave of the juvenile court pursuant to guidelines adopted by the juvenile board.(j)
Repealed by Acts 2019, 86th Leg., R.S., Ch. 131 (H.B. 1760), Sec. 12(3), eff. September 1, 2019.
Source:
Section 58.007 — Confidentiality of Probation Department, Prosecutor, and Court Records, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.58.htm#58.007 (accessed Apr. 20, 2024).
