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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) a juvenile probation department; |
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(E) a local mental health or mental retardation |
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authority; |
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(F) a municipal or county health department; |
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(G) a hospital district; or |
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(H) 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, and |
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vocational history, probation or supervision status and compliance |
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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 purpose provided under Subsection (d); 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 purpose provided under Subsection |
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(d). |
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(c) An agency shall comply with Subsection (b) regardless of |
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whether other state law makes that information confidential. |
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(d) An agency may use information provided to the agency |
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under this section only to assist the agency in providing services |
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to the at-risk youth who is the subject of the information. |
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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. The protocol may |
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specify the types of information that may be shared under this |
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section without violating federal law, including any federal |
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funding requirements. |
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(f) This section does not affect the confidential status of |
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the information being shared. |
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SECTION 2. This Act takes effect September 1, 2009. |