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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. Section 51.01, Family Code, is amended to read as |
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follows: |
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Sec. 51.01. PURPOSE AND INTERPRETATION. This title shall |
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be construed to effectuate the following public purposes: |
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(1) to provide for the protection of the public and |
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public safety; |
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(2) consistent with the protection of the public and |
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public safety: |
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(A) to promote the concept of punishment for |
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criminal acts; |
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(B) to remove, where appropriate, the taint of |
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criminality from children committing certain unlawful acts; and |
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(C) to provide treatment, training, and |
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rehabilitation that emphasizes the accountability and |
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responsibility of both the parent and the child for the child's |
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conduct; |
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(3) to provide for the care, the protection, and the |
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wholesome moral, mental, and physical development of children |
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coming within its provisions; |
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(4) to protect the welfare of the community and to |
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control the commission of unlawful acts by children; |
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(5) to identify at-risk behaviors and prevent the |
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commission of unlawful acts by children through interagency |
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information sharing to the full extent allowed by federal law; |
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(6) to achieve the foregoing purposes in a family |
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environment whenever possible, separating the child from the |
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child's parents only when necessary for the child's welfare or in |
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the interest of public safety and when a child is removed from the |
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child's family, to give the child the care that should be provided |
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by parents; and |
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(7) [(6)] to provide a simple judicial procedure |
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through which the provisions of this title are executed and |
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enforced and in which the parties are assured a fair hearing and |
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their constitutional and other legal rights recognized and |
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enforced. |
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SECTION 2. 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 or a |
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person with an agency relationship 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 county health department; |
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(I) a county department that provides services to |
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at-risk youth or their families; |
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(J) a child advocacy center established under |
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Section 264.402, Family Code; or |
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(K) a hospital district. |
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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) has been taken into custody under Section |
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52.01; |
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(B) 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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(C) is likely to engage in deliquent conduct |
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based on one or more prior referrals to a court for having engaged |
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in delinquent conduct or conduct indicating a need for supervision; |
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(D) has three or more absences from school in a |
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six-month period that have not been excused by a school official; |
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(E) has been removed three or more times from a |
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classroom by a teacher under Section 37.002, Education Code, during |
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a six-month period; or |
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(F) is at risk of removal from the child's home |
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into institutional care. |
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(b) At the request of an agency for specific information |
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relating to an at-risk youth, an agency shall disclose the at-risk |
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youth's personally identifiable information that is otherwise |
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confidential, including information contained in educational |
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records. |
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(c) The requesting agency must certify in writing that the |
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agency will not disclose confidential information received under |
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this section to a third party, other than another agency. |
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(d) An agency may use information provided to the agency |
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under this section only to identify an at-risk youth and to assist |
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the agency in providing prevention and intervention services to the |
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at-risk youth. |
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(e) An agency may establish an internal protocol for sharing |
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information with other agencies as necessary to efficiently and |
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promptly disclose and accept the information and to maintain the |
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confidential status of the information. The protocol may specify |
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the types of information that may be shared under this section |
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without violating federal law, including any federal funding |
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requirements. An agency may enter into a memorandum of |
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understanding with another agency to share information according to |
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the agencies' protocols. |
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(f) This section does not affect the confidential status of |
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the information being shared. The information may be released as |
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directed by a court order or as otherwise authorized by law. |
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Personal information is not subject to disclosure under Chapter |
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552, Government Code. |
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SECTION 3. Section 58.0051, Family Code, is repealed. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |