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A BILL TO BE ENTITLED
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AN ACT
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relating to the exchange of information among certain governmental |
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entities concerning at-risk youth. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 58, Family Code, is |
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amended by adding Section 58.0052 to read as follows: |
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Sec. 58.0052. EXCHANGE OF INFORMATION CONCERNING AT-RISK |
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YOUTH. (a) In this section: |
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(1) "Agency" means any of the following entities, a |
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person with an agency relationship with any of the following |
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entities, or a person who contracts with any of the following |
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entities: |
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(A) the Texas Youth Commission; |
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(B) the Texas Juvenile Probation Commission; |
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(C) the Department of Family and Protective |
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Services; |
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(D) the Texas Education Agency; |
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(E) a juvenile probation department; |
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(F) a school district or open-enrollment charter |
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school; |
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(G) a local mental health or mental retardation |
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authority; |
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(H) a municipal or county health department; |
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(I) a hospital district; or |
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(J) a county-funded program for at-risk youth. |
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(2) "At-risk youth" means a person who is under 18 |
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years of age and: |
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(A) who has been referred to a juvenile court for |
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allegedly engaging in delinquent conduct or conduct indicating a |
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need for supervision; |
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(B) who: |
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(i) has been adjudicated as having engaged |
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in delinquent conduct or conduct indicating a need for supervision; |
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and |
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(ii) is in the custody of the Texas Youth |
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Commission or a juvenile board or is under any form of juvenile |
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probation or supervision; or |
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(C) who has a history of active involvement with |
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the Department of Family and Protective Services or a local mental |
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health or mental retardation authority. |
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(b) An agency shall: |
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(1) disclose to another agency information relating to |
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an at-risk youth, including information concerning the at-risk |
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youth's identity, needs, treatment, social, criminal, educational, |
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and vocational history, probation or supervision status and |
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compliance with the conditions of the at-risk youth's probation or |
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supervision, and medical and mental health history, if the |
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disclosure serves the purposes provided under Subsection (c); and |
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(2) accept information relating to an at-risk youth |
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that is sent to the agency for the purposes provided under |
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Subsection (c), regardless of whether other state law makes that |
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information confidential. |
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(c) An agency may use information provided to the agency |
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under this section only to assist the agency in: |
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(1) protecting the community; or |
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(2) providing services to the at-risk youth who is the |
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subject of the information. |
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(d) Before sharing information under this section, an |
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agency may enter into a memorandum of understanding with one or more |
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other agencies to specify: |
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(1) the types of information that may be exchanged |
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among agencies under this section without violating any applicable |
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provisions of federal law, including any federal funding |
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requirements; and |
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(2) the protocols for information sharing, including |
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methods for ensuring the continued protection of confidential |
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information by the receiving agency. |
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(e) Nothing in this section shall affect the confidential |
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status of the information being shared. |
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SECTION 2. This Act takes effect September 1, 2007. |
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