82R4939 SJM-D
 
  By: Madden H.B. No. 3385
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the exchange of confidential information among certain
  governmental entities concerning certain juveniles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.084(a), Education Code, is amended to
  read as follows:
         (a)  A school district superintendent or the
  superintendent's designee shall [may] disclose information
  contained in a student's educational records to a juvenile service
  provider as required [justice agency, as that term is defined by  
  Section 58.101, Family Code, if the disclosure is under an
  interagency agreement authorized] by Section 58.0051, Family Code.
         SECTION 2.  Subchapter A, Chapter 58, Family Code, is
  amended by amending Section 58.0051 and adding Section 58.0052 to
  read as follows:
         Sec. 58.0051.  INTERAGENCY SHARING OF EDUCATIONAL RECORDS.
  (a) In this section:
               (1)  "Educational records" means records in the
  possession of a primary or secondary educational institution that
  contain information relating to a student, including information
  relating to the student's:
                     (A)  identity;
                     (B)  special needs;
                     (C)  educational accommodations;
                     (D)  assessment or diagnostic test results;
                     (E)  attendance records;
                     (F)  disciplinary records;
                     (G)  medical records; and
                     (H)  psychological diagnoses.
               (2)  "Juvenile service provider" means a governmental
  entity that provides juvenile justice, or prevention, medical,
  educational, or other support services to a juvenile. The term
  includes:
                     (A)  a state or local juvenile justice agency as
  defined by Section 58.101;
                     (B)  health and human services agencies, as
  defined by Section 531.001, Government Code, and the Health and
  Human Services Commission;
                     (C)  the department of public safety;
                     (D)  the Texas Education Agency;
                     (E)  an independent school district;
                     (F)  a juvenile justice alternative education
  program;
                     (G)  a charter school;
                     (H)  a local mental health or mental retardation
  authority;
                     (I)  a court with jurisdiction over juveniles;
                     (J)  a district attorney's office;
                     (K)  a county attorney's office; and
                     (L)  a children's advocacy center established
  under Section 264.402.
               (3)  "Student" means a person who:
                     (A)  is registered or in attendance at a primary
  or secondary educational institution; and
                     (B)  is younger than 18 years of age.
         (b)  At the request of a juvenile service provider, an
  independent school district or a charter school shall disclose to
  the juvenile service provider confidential information contained
  in the student's educational records if the student has been:
               (1)  taken into custody under Section 52.01; or
               (2)  referred to a juvenile court for allegedly
  engaging in delinquent conduct or conduct indicating a need for
  supervision.
         (c)  An independent school district or charter school that
  discloses confidential information to a juvenile service provider
  under Subsection (b) may not destroy a record of the disclosed
  information before the seventh anniversary of the date the
  information is disclosed.
         (d)  An independent school district or charter school shall
  comply with a request under Subsection (b) regardless of whether
  other state law makes that information confidential.
         (e)  [Within each county, a district school superintendent
  and the juvenile probation department may enter into a written
  interagency agreement to share information about juvenile
  offenders. The agreement must specify the conditions under which
  summary criminal history information is to be made available to
  appropriate school personnel and the conditions under which school
  records are to be made available to appropriate juvenile justice
  agencies.
         [(b)     Information disclosed under this section by a school
  district must relate to the juvenile system's ability to serve,
  before adjudication, the student whose records are being released.
         [(c)]  A juvenile service provider that [justice agency
  official who] receives confidential [educational] information
  under this section shall:
               (1)  certify in writing that the juvenile service
  provider [institution or individual] receiving the confidential
  [personally identifiable] information has agreed not to disclose it
  to a third party, other than another juvenile service provider; and
               (2)  use the confidential information only to:
                     (A)  verify the identity of a student involved in
  the juvenile justice system; and
                     (B)  provide delinquency prevention or treatment
  services to the student [justice agency].
         (f)  A juvenile service provider may establish an internal
  protocol for sharing information with other juvenile service
  providers as necessary to efficiently and promptly disclose and
  accept the information. The protocol may specify the types of
  information that may be shared under this section without violating
  federal law, including any federal funding requirements. A
  juvenile service provider may enter into a memorandum of
  understanding with another juvenile service provider to share
  information according to the juvenile service provider's
  protocols. A juvenile service provider shall comply with this
  section regardless of whether the juvenile service provider
  establishes an internal protocol or enters into a memorandum of
  understanding under this subsection unless compliance with this
  section violates federal law.
         (g)  This section does not affect the confidential status of
  the information being shared. The information may be released to a
  third party only as directed by a court order or as otherwise
  authorized by law. Personally identifiable information disclosed
  to a juvenile service provider under this section is not subject to
  disclosure to a third party under Chapter 552, Government Code.
         (h) [(d)]  A juvenile service provider that requests
  information under this section shall pay a fee to the disclosing
  juvenile service provider for the reasonable costs associated with
  the disclosure of the information [justice agency that receives
  educational information under this section shall destroy all
  information when the child is no longer under the jurisdiction of a
  juvenile court.
         [(e)     The Texas Juvenile Probation Commission may, in
  conformity with Section 58.0072 of this code and Section 37.084,
  Education Code, enter into an interagency agreement to share
  educational information for research, audit, and analytical
  purposes with the:
               [(1)  Texas Education Agency;
               [(2)  Texas Youth Commission; and
               [(3)  Texas Department of Criminal Justice].
         Sec. 58.0052.  INTERAGENCY SHARING OF NONEDUCATIONAL
  RECORDS. (a)  In this section:
               (1)  "Juvenile service provider" has the meaning
  assigned by Section 58.0051.
               (2)  "Multi-system youth" means a person who:
                     (A)  is younger than 19 years of age; and
                     (B)  has received services from two or more
  juvenile service providers.
               (3)  "Personal health information" means personally
  identifiable information regarding a multi-system youth's physical
  or mental health or the provision of or payment for health care
  services, including case management services, to a multi-system
  youth. The term does not include clinical psychological notes or
  substance abuse treatment information.
         (b)  At the request of a juvenile service provider, another
  juvenile service provider shall disclose to that provider a
  multi-system youth's personal health information or a history of
  governmental services provided to the multi-system youth,
  including:
               (1)  identity;
               (2)  medical records;
               (3)  assessment results;
               (4)  special needs;
               (5)  program placements; and
               (6)  psychological diagnoses.
         (c)  A juvenile service provider may disclose personally
  identifiable information under this section only for the purposes
  of:
               (1)  identifying a multi-system youth;
               (2)  coordinating and monitoring care for a
  multi-system youth; and
               (3)  improving the quality of juvenile services
  provided to a multi-system youth.
         (d)  To the extent that this section conflicts with another
  law of this state with respect to confidential information held by a
  governmental agency, this section controls.
         (e)  A juvenile service provider may establish an internal
  protocol for sharing information with other juvenile service
  providers as necessary to efficiently and promptly disclose and
  accept the information. The protocol may specify the types of
  information that may be shared under this section without violating
  federal law, including any federal funding requirements. A
  juvenile service provider may enter into a memorandum of
  understanding with another juvenile service provider to share
  information according to the juvenile service provider's
  protocols. A juvenile service provider shall comply with this
  section regardless of whether the juvenile service provider
  establishes an internal protocol or enters into a memorandum of
  understanding under this subsection unless compliance with this
  section violates federal law.
         (f)  This section does not affect the confidential status of
  the information being shared. The information may be released to a
  third party only as directed by a court order or as otherwise
  authorized by law. Personally identifiable information disclosed
  to a juvenile service provider under this section is not subject to
  disclosure to a third party under Chapter 552, Government Code.
         (g)  This section does not affect the authority of a
  governmental agency to disclose to a third party for research
  purposes information that is not personally identifiable as
  provided by the governmental agency's protocol.
         (h)  A juvenile service provider that requests information
  under this section shall pay a fee to the disclosing juvenile
  service provider for the reasonable costs associated with the
  disclosure of the information.
         SECTION 3.  Section 264.408(a), Family Code, is amended to
  read as follows:
         (a)  The files, reports, records, communications, and
  working papers used or developed in providing services under this
  chapter are confidential and not subject to public release under
  Chapter 552, Government Code, and may only be disclosed for
  purposes consistent with this chapter. Disclosure may be to:
               (1)  the department, department employees, law
  enforcement agencies, prosecuting attorneys, medical
  professionals, and other state or local agencies that provide
  services to children and families; and
               (2)  the attorney for the child who is the subject of
  the records and a court-appointed volunteer advocate appointed for
  the child under Section 107.031.
         SECTION 4.  Section 181.002(b), Health and Safety Code, is
  amended to read as follows:
         (b)  To the extent that this chapter conflicts with another
  law, other than Section 58.0052, Family Code, with respect to
  protected health information collected by a governmental body or
  unit, this chapter controls.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.