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A BILL TO BE ENTITLED
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AN ACT
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relating to information given to a child and the child's parent, |
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guardian, or custodian regarding the sealing of juvenile records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 58.262, Family Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (a-1), |
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(b-1), and (e) to read as follows: |
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(a) When a child is referred to the juvenile probation |
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department, an employee of the juvenile probation department shall |
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give the child and the child's parent, guardian, or custodian: |
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(1) a written explanation describing the process of |
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sealing records under this subchapter and a copy of this |
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subchapter; and |
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(2) a list of local resources that may assist the child |
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in applying to have the child's records sealed, including attorneys |
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who, at low or no cost, represent persons in applying for the |
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sealing of juvenile records. |
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(a-1) At the time an employee of the juvenile probation |
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department gives a written explanation under Subsection (a), the |
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employee shall additionally provide an oral explanation of the |
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process of sealing records to the child and the child's parent, |
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guardian, or custodian and allow any of those persons to ask |
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questions regarding the process. |
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(b) On the final discharge of a child, or on the last |
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official action in the matter if there is no adjudication, a |
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probation officer or official at the Texas Juvenile Justice |
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Department, as appropriate, shall give the child and the child's |
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parent, guardian, or custodian: |
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(1) a written explanation regarding the eligibility of |
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the child's records for sealing under this subchapter and a copy of |
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this subchapter; and |
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(2) a list of local resources that may assist the child |
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in applying to have the child's records sealed, including attorneys |
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who, at low or no cost, represent persons in applying for the |
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sealing of juvenile records. |
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(b-1) At the time a probation officer or official at the |
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Texas Juvenile Justice Department gives a written explanation under |
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Subsection (b), the officer or official shall additionally provide |
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an oral explanation of the eligibility of the child's records for |
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sealing to the child and the child's parent, guardian, or custodian |
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and allow any of those persons to ask questions regarding the |
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child's eligibility and the process of having records sealed. |
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(e) The Texas Juvenile Justice Department shall publish on |
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the department's Internet website a brochure that describes the |
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process of sealing records under this subchapter and that lists |
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resources that may assist a child in applying to seal the child's |
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records. |
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SECTION 2. This Act takes effect September 1, 2019. |