texas juvenile justice code

1093 (H.B. Sec. 36, eff. Delinquent Conduct - defined by the Juvenile Justice Code as conduct, other than a traffic offense, which violates a penal law of the state of Texas and is punishable by imprisonment or by confinement in jail; or a violation of a reasonable and lawful order which was entered by a juvenile court. September 1, 2019. A law enforcement officer who takes a child into custody with probable cause to believe that the child has engaged in conduct indicating a need for supervision as described by Section 51.03(b)(2) and who after reasonable effort is unable to determine the identity of the child, may fingerprint or photograph the child to establish the child's identity. JUVENILE JUSTICE INFORMATION SYSTEM. Texas Family Code FAM TX FAMILY Section 51.12. Acts 2017, 85th Leg., R.S., Ch. (d) In each county, the reporting agencies may make alternative arrangements for reporting the required information, including combined reporting or electronic reporting, if the alternative reporting is approved by the juvenile board and the department. (a) Notwithstanding Sections 58.253 and 58.255, a person may file an application for the sealing of records related to the person in the juvenile court served by the juvenile probation department to which the person was referred. 13, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. Access for Level 3 agencies is to information at Levels 1, 2, and 3. (f) A law enforcement agency may maintain information relating to a child after the 90th day after the date the child successfully completes a first offender program under Section 52.031 only to determine the child's eligibility to participate in a first offender program. 1098 (S.B. 908 (H.B. 2884), Sec. September 1, 2017. 1304), Sec. ACCESS TO INFORMATION; LEVELS. 4, eff. Access to Criminal History Record Information: Texas Juvenile Justice Department 23, eff. Texas Family Code, Title 3 Chapters 51-61 of the Family Code, also called the "Juvenile Justice Code," outline the law and penalties for juveniles in Texas. 70, eff. 5, eff. September 1, 2017. 58.403. Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (C) send written verification of the limitation and destruction of the records to the issuing court; (2) the Texas Juvenile Justice Department shall: (A) seal all records relating to the person, other than those exempted from sealing under Section 58.252; and. (4) "Local juvenile justice information system" means a county or multicounty computerized database of information concerning children, with data entry and access by the partner agencies that are members of the system. Acts 2007, 80th Leg., R.S., Ch. 1304), Sec. 58.257. THE JUVENILE JUSTICE SYSTEM. Sec. (g) This section does not affect the authority of a governmental agency to disclose to a third party for research purposes information that is not personally identifiable as provided by the governmental agency's protocol. 1149), Sec. 1297, Sec. 18, eff. (b) If a person's records have been sealed, the information in the records, the fact that the records once existed, or the person's denial of the existence of the records or of the person's involvement in a juvenile matter may not be used against the person in any manner, including in: (1) a perjury prosecution or other criminal proceeding; (2) a civil proceeding, including an administrative proceeding involving a governmental entity; (3) an application process for licensing or certification; or. 1093 (H.B. Jan. 1, 1996. o Minimum age is 10 years old o Only available for habitual felony conduct o … Texas Attorney General’s Office . 87 (S.B. Use this page to navigate to all sections within the Family Code. 9, eff. 186 (S.B. Sec. Acts 2017, 85th Leg., R.S., Ch. (5) improve the ability of interested parties to analyze the functioning of the juvenile justice system. Sept. 1, 1999; Acts 1999, 76th Leg., ch. January 1, 2019. Percent of Determinate and Certified Juveniles by Ethnicity, FY 2005–09, as a percentage of the total juvenile population in Texas, 2009 12 Figure 5. Title 3, Juvenile Justice Code. The purposes of a local juvenile justice information system are to: (1) provide accurate information at the county or regional level relating to children who come into contact with the juvenile justice system; (2) assist in the development and delivery of services to children in the juvenile justice system; (3) assist in the development and delivery of services to children: (A) who school officials have reasonable cause to believe have committed an offense for which a report is required under Section 37.015, Education Code; or. 1304), Sec. 908 (H.B. 1304), Sec. Acts 2015, 84th Leg., R.S., Ch. The perpetrator or victim in a confirmed Reason to Believe (RTB) investigation. APPLICATION FOR SEALING RECORDS. Acts 2015, 84th Leg., R.S., Ch. Therefore, you may see more or fewer juveniles under 12 years old, depending on the direction the local juvenile board takes with its policy. (e) On receipt of an application under this section, the court may: (1) order the sealing of the person's records immediately, without a hearing; or. Acts 2019, 86th Leg., R.S., Ch. Jan. 1, 1996. 1106), Sec. 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. 16, eff. 58.251. 1093 (H.B. Jan. 1, 1996. (a) A local juvenile justice information system shall to the extent possible include the following partner agencies within that county: (2) justice of the peace and municipal courts; (3) the county juvenile probation department; (4) the prosecuting attorneys who prosecute juvenile cases in juvenile court, municipal court, or justice court; (6) each public school district in the county; (7) service providers approved by the county juvenile board; and. 854 (S.B. 746 (S.B. (70) TJJD--The Texas Juvenile Justice Department. (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. Acts 2015, 84th Leg., R.S., Ch. 1304), Sec. (a) A person who was referred to a juvenile court for conduct indicating a need for supervision is entitled to have all records related to all conduct indicating a need for supervision matters sealed without applying to the juvenile court if the person: (1) has records relating to the conduct filed with the court clerk; (3) has not been referred to the juvenile probation department for delinquent conduct; (4) has not as an adult been convicted of a felony; and. Sept. 1, 2001. 1086, Sec. (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. 734 (H.B. 1086, Sec. When a request for a juvenile record meets the criteria and the case is open, the primary caseworker is authorized to share the inform… 949 (H.B. The Texas Juvenile Justice Department, an equal opportunity employer, does not discriminate on the basis of race, color, nati onal origin, sex, religion, age or disability in employment or the provision of services, programs or activities. 131 (H.B. 4003), Sec. (a) Juvenile justice agencies in a county or region of this state may jointly create and maintain a local juvenile justice information system to aid in processing the cases of children under this code, to facilitate the delivery of services to children in the juvenile justice system, and to aid in the early identification of at-risk and delinquent children. 2884), Sec. 2884), Sec. 3705), Sec. 54.0405. child placed on probation for conduct constituting sexual offense. Sec. PURPOSE OF SYSTEM. The report must include: (1) the total number of children committed by the judge to: (A) a correctional facility operated by the Texas Juvenile Justice Department; or, (B) a post-adjudication secure correctional facility as that term is defined by Section 54.04011; and. 598 (S.B. September 1, 2011. Acts 2007, 80th Leg., R.S., Ch. 5), Sec. The Texas Juvenile Justice Department is dedicated to caring for the youth in our system and promoting the public safety of all Texans ... Category: TAC Chapter 345 Juvenile Justice Professional Code of Ethics for Certified Officers . (f) This section does not authorize the destruction of the records of the juvenile court or clerk of court. 1549), Sec. 58.253. 1297, Sec. Acts 2007, 80th Leg., R.S., Ch. (b) The juvenile probation department shall: (1) give the juvenile court notice that a person's records are eligible for sealing under Subsection (a); and. Acts 2015, 84th Leg., R.S., Ch. 58.2551. 58.351. Acts 2007, 80th Leg., R.S., Ch. 21(4), eff. Texas Human Resources Code > Title 10 - Juvenile Boards, Juvenile Probation Departments, and Family Services Offices Texas Human Resources Code > Title 12 - Juvenile Justice Services and Facilities More » 908 (H.B. 2884), Sec. September 1, 2013. (e) A juvenile service provider may establish an internal protocol for sharing information with other juvenile service providers as necessary to efficiently and promptly disclose and accept the information. 3705), Sec. 61, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (b) After a petitioner inspects records under this section, the court may order the release of any or all of the records to the petitioner on the motion of the petitioner. (d) An independent school district or charter school shall comply with a request under Subsection (b) regardless of whether other state law makes that information confidential. 85 (S.B. Sec. September 1, 2017. The primary purpose of the investigation shall be the protection of the child. Apply to Juvenile Correctional Officer, Administrative Assistant, Youth Development Professional and more! Sec. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. (b) A local juvenile justice information system may contain the following components: (1) case management resources for juvenile courts, court clerks, prosecuting attorneys, and county juvenile probation departments; (2) reporting systems to fulfill statutory requirements for reporting in the juvenile justice system; (3) service provider directories and indexes of agencies providing services to children; (4) victim-witness notices required under Chapter 57; (5) electronic filing of complaints or petitions, court orders, and other documents filed with the court, including documents containing electronic signatures; (6) electronic offense and intake processing; (7) case docket management and calendaring; (8) communications by email or other electronic communications between partner agencies; (9) reporting of charges filed, adjudications and dispositions of juveniles by municipal and justice courts and the juvenile court, and transfers of cases to the juvenile court as authorized or required by Section 51.08; (10) reporting to schools under Article 15.27, Code of Criminal Procedure, by law enforcement agencies, prosecuting attorneys, and juvenile courts; (11) records of adjudications and dispositions, including probation conditions ordered by the juvenile court; (12) warrant management and confirmation capabilities; and. Sept. 1, 2003. (d) A juvenile justice alternative education program must focus on English language arts, mathematics, science, social studies, and self-discipline. (3) "Disposition" means an action that results in the termination, transfer of jurisdiction, or indeterminate suspension of the prosecution of a juvenile offender. When a young person between these ages is arrested, or when an individual between the age of 17 to 18 is arrested for something they did before his or her 17th birthday, he or she is typically tried as a juvenile in the juvenile justice system. September 1, 2017. Texas may have more current or accurate information. 58.0021. September 1, 2017. 7(1), eff. 1093), Sec. (b) Subject to Subsection (c), at the request of a juvenile service provider, another juvenile service provider shall disclose to that provider a multi-system youth's personal health information or a history of governmental services provided to the multi-system youth, including: (3) assessment or diagnostic test results; (7) other related records or information. (a) A juvenile justice agency and a clerk of a juvenile court shall: (1) compile and maintain records needed for reporting data required by the department; (2) transmit to the department in the manner provided by the department data required by the department; (3) give the department or its accredited agents access to the agency or court for the purpose of inspection to determine the completeness and accuracy of data reported; and. 25, eff. 16, eff. (B) send written verification of the sealing of the records to the issuing court; (3) a public or private agency or institution that had custody of or provided supervision or services to the person who is the subject of the records, the juvenile probation department, a law enforcement entity, or a prosecuting attorney shall: (A) seal all records relating to the person; and, (B) send written verification of the sealing of the records to the issuing court; and. September 1, 2017. 52.01. 54.0407. (a) A juvenile court may allow, by order, the inspection of records sealed under this subchapter or under Section 58.003, as that law existed before September 1, 2017, only by: (1) a person named in the order, on the petition of the person who is the subject of the records; (2) a prosecutor, on the petition of the prosecutor, for the purpose of reviewing the records for possible use: (B) for the enhancement of punishment under Section 12.42, Penal Code; or. 262, Sec. The protocol may specify the types of information that may be shared under this section without violating federal law, including any federal funding requirements. (2) may not be reported to the juvenile justice information system under Subchapter B. sec. CONFIDENTIALITY OF PROBATION DEPARTMENT, PROSECUTOR, AND COURT RECORDS. 1021 (H.B. 15, eff. September 1, 2015. 26(b), eff. (c) Not later than the 60th day after the date the juvenile court receives notice from the juvenile probation department under Subsection (b), the juvenile court shall issue an order sealing all records relating to the person named in the notice. Acts 2019, 86th Leg., R.S., Ch. (2) as the control terminal for entry of records, in accordance with federal law, rule, and policy, into the federal records system maintained by the Federal Bureau of Investigation. 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