58.254. Facts about minor consent for medical treatment in Texas. In this chapter: (1) “Name” means the legal name of a person. APPLICATION FOR SEALING RECORDS. 908 (H.B. 1549), Sec. 746 (S.B. 8, eff. (b) The law enforcement agency or the juvenile intake agency that initiates the entry of the juvenile offender into the juvenile justice information system for a specific incident shall prepare a uniform incident fingerprint card and initiate the reporting process for each incident reportable under this subchapter. If the child is not referred to juvenile court within that time, the law enforcement agency shall destroy all information, including photographs and fingerprints, relating to the child unless the child is placed in a first offender program under Section 52.031 or on informal disposition under Section 52.03. 58.404. 7, eff. (f) Not later than the 60th day after the date a juvenile court receives notice from a juvenile probation department under Subsection (c), the juvenile court shall issue an order sealing all records relating to the person named in the certification. 1, eff. 3 0 obj
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��{О�153����t��3��F6�D� (2) send copies of the order to all entities listed in the order by any reasonable method, including certified mail, regular mail, or e-mail. 7), Sec. 1760), Sec. September 1, 2017. 2884), Sec. (a) A hearing regarding the sealing of a person's records must be held not later than the 60th day after the date the court receives the person's application under Section 58.256. 746 (S.B. (7) the termination of probation supervision or discharge from commitment of the juvenile offender. A record posted on a county Internet website under this subchapter may not include any information that personally identifies a child. (c) Except as provided by Subsection (d), the juvenile court may order the sealing of records related to all matters for which the person was referred to the juvenile probation department if the person: (1) is at least 17 years of age, or is younger than 17 years of age and at least one year has elapsed after the date of final discharge in each matter for which the person was referred to the juvenile probation department; (2) does not have any delinquent conduct matters pending with any juvenile probation department or juvenile court; (3) was not transferred by a juvenile court to a criminal court for prosecution under Section 54.02; (d) A court may not order the sealing of the records of a person who: (1) received a determinate sentence for engaging in: (A) delinquent conduct that violated a penal law listed under Section 53.045; or. 3705), Sec. 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. (b) Information that is part of a local juvenile justice information system is for the professional use of the partner agencies that are members of the system and may be used only by authorized employees of those agencies to discharge duties of those agencies. 1, eff. September 1, 2019. (5) "System" means an automated statewide juvenile information and case management system. 58.256. Gov. 20, eff. Minors in Texas have the right to consent to the diagnosis and treatment of an infectious, contagious, or communicable disease that is reportable, … <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
1, eff. September 1, 2017. The language of these provisions vary from state to state. 21(7), eff. 17, eff. Sec. State laws and regulations vary considerably as a function of local history, culture, public attitudes, court opinions, political climate, and legislative debate. On determination of the child's identity or that the child cannot be identified by the fingerprints or photographs, the law enforcement officer shall immediately destroy all copies of the fingerprint records or photographs of the child. %����
She serves as co-editor of the Ethics Inquiries column with Erin Stolsmark. (b) A local juvenile justice information system for a multicounty region shall to the extent possible include the partner agencies listed in Subsections (a)(1)-(6) for each county in the region and the following partner agencies from within the multicounty region that have applied for membership in the system and have been approved by the regional juvenile board committee: Acts 2005, 79th Leg., Ch. For these and other reasons, minors, as a matter of law, may receive certain health services without being required to tell their parents or needing their parents’ permission. 71, eff. Access for Level 2 agencies is only to information at Levels 1 and 2. The information may be released to a third party only as directed by a court order or as otherwise authorized by law. '�O�+�F�x���y���>�6B��wh 7��'�U�A�?(��]�1�Z�4��!���;Gr�E��J��m�d��ϐ�w��PS��']"���&��w̵\�2�%-Q�? 131 (H.B. Acts 2007, 80th Leg., R.S., Ch. (b) Information is at Access Level 1 if the information relates to a child: (A) a school official has reasonable grounds to believe has committed an offense for which a report is required under Section 37.015, Education Code; or, (B) has been expelled, the expulsion of which is required to be reported under Section 52.041; and. 58.0052. 4, eff. 1098 (S.B. September 1, 2019. (a) Subject to Subsections (b) and (c) of this section, Section 202.001, Local Government Code, and any other restrictions imposed by an entity's records retention guidelines, the following persons may authorize the destruction of records in a closed juvenile matter, regardless of the date the records were created: (1) a juvenile board, in relation to the records in the possession of the juvenile probation department; (2) the head of a law enforcement agency, in relation to the records in the possession of the agency; and. 58.262. (c) The clerk of the court exercising jurisdiction over a juvenile offender's case shall report the disposition of the case to the department. 17, eff. Acts 2015, 84th Leg., R.S., Ch. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 5, eff. 58.263. Ω The state funds a statewide program that gives minors access to STI services. (b) This section does not apply to information that is: (1) necessary for an agency to provide services to the victim; (2) necessary for law enforcement purposes; (3) shared within the statewide juvenile information and case management system established under Subchapter E; (4) shared with an attorney representing the child in a proceeding under this title; or. Sec. 1760), Sec. Sept. 1, 1999. 124 (S.B. w4���$�&�-L��K�19�� ]z�����-��@�>7\�d�)7�v��dX�C+�y(����"!myW1E�U���0����Z��r���hD�Ywy^�:�c��*�Ǹ a�{fȴ��%�Sqr�Ս��������!�����M�&=�k��S���n�x7_"j���N�.�#/a����r/��K�"Ǭ�ء���:�+��S�ޱKx��a�K*����/_]�U���خ��tC�}�Nx_�K��m�KG.U�� aKy��:�:Fs�}j%��j�!ϐ� wZ���X���*ʼn Ww�Pc(t0��{�[�9x���)7�^xȵF܃����M��)7���� o��j+�X;>���u�|J��9K�j��V������iI�A��XMa��`����KY��Kv�۟^�v�n�n��cҡ}�rS�Gz<8q����>4K7@�2R�����,-� Acts 2017, 85th Leg., R.S., Ch. 1521), Sec. 746 (S.B. TXLAW: CONSENT BASED ON FUNDING SOURCE TITLE X • Minors have maximum privacy protections and practices allowed by law for reproductive health services. 131 (H.B. INFORMATION COLLECTED BY DEPARTMENT. (5) does not have any pending charges as an adult for a felony or a misdemeanor punishable by confinement in jail. Acts 2019, 86th Leg., R.S., Ch. September 1, 2015. Texas law is complex, so if you want to do additional learning, resources are available in the facilitator guide to this Spark. Texas Confidentiality Laws Confidentiality/Minor Consent Laws PARENT/GUARDIAN CONSENT EXCEPTIONS A parent or guardian* must provide consent on behalf of a minor (under age 18) before health care services are provided, with several important exceptions. Texas law allows minors to consent to treatment by a licensed physician or dentist when the minor is: On active duty with armed services. to give all individuals the ability to access quality family planning and related preventive health services. 746 (S.B. 20, eff. Sec. Acts 2011, 82nd Leg., R.S., Ch. The following records are exempt from this subchapter: (1) records relating to a criminal combination or criminal street gang maintained by the Department of Public Safety or a local law enforcement agency under Chapter 67, Code of Criminal Procedure; (2) sex offender registration records maintained by the Department of Public Safety or a local law enforcement agency under Chapter 62, Code of Criminal Procedure; and. 1304), Sec. 815, Sec. (b) A law enforcement officer may take temporary custody of a child to take the child's photograph, or may obtain a photograph of a child from a juvenile probation department in possession of a photograph of the child, if: (1) the officer has probable cause to believe that the child has engaged in delinquent conduct; and. (d) The Texas Juvenile Justice Department may grant the following individuals or entities access to juvenile justice information only for a purpose beneficial to and approved by the department to: (1) an individual or entity working on a research or statistical project that: (A) is funded in whole or in part by state or federal funds; and, (B) meets the requirements of and is approved by the department; or, (A) is working on a research or statistical project that meets the requirements of and is approved by the department; and.