Texas Family Code - Section 54.033. Sexually Transmitted Disease, Aids, And Hiv Testing
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§ 54.033. SEXUALLY TRANSMITTED DISEASE, AIDS, AND HIV
TESTING. (a) A child found at the conclusion of an adjudication
hearing under Section 54.03 of this code to have engaged in
delinquent conduct that included a violation of Sections
21.11(a)(1), 22.011, or 22.021, Penal Code, shall undergo a medical
procedure or test at the direction of the juvenile court designed to
show or help show whether the child has a sexually transmitted
disease, acquired immune deficiency syndrome (AIDS), human
immunodeficiency virus (HIV) infection, antibodies to HIV, or
infection with any other probable causative agent of AIDS. The
court may direct the child to undergo the procedure or test on the
court's own motion or on the request of the victim of the delinquent
conduct.
(b) If the child or another person who has the power to
consent to medical treatment for the child refuses to submit
voluntarily or consent to the procedure or test, the court shall
require the child to submit to the procedure or test.
(c) The person performing the procedure or test shall make
the test results available to the local health authority. The local
health authority shall be required to notify the victim of the
delinquent conduct and the person found to have engaged in the
delinquent conduct of the test result.
(d) The state may not use the fact that a medical procedure
or test was performed on a child under this section or use the
results of the procedure or test in any proceeding arising out of
the delinquent conduct.
(e) Testing under this section shall be conducted in
accordance with written infectious disease control protocols
adopted by the Texas Board of Health that clearly establish
procedural guidelines that provide criteria for testing and that
respect the rights of the child and the victim of the delinquent
conduct.
(f) Nothing in this section allows a court to release a test
result to anyone other than a person specifically authorized under
this section. Section 81.103(d), Health and Safety Code, may not be
construed to allow the disclosure of test results under this
section except as provided by this section.
Added by Acts 1993, 73rd Leg., ch. 811, § 2, eff. Sept. 1, 1993.
Section: 54.011 54.012 54.02 54.021 54.03 54.031 54.032 54.033 54.034 54.04 54.0405 54.0406 54.0407 54.0408 54.041
Last modified: August 11, 2007
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