Sec. 58.207. JUVENILE COURT ORDERS ON CERTIFICATION. (a) On certification of records in a case under Section 58.203, the juvenile court shall order:
(1) that the following records relating to the case may be accessed only as provided by Section 58.204(b):
(A) if the respondent was committed to the Texas Juvenile Justice Department, records maintained by the department;
(B) records maintained by the juvenile probation department;
(C) records maintained by the clerk of the court;
(D) records maintained by the prosecutor's office; and
(E) records maintained by a law enforcement agency; and
(2) the juvenile probation department to make a reasonable effort to notify the person who is the subject of records for which access has been restricted of the action restricting access and the legal significance of the action for the person, but only if the person has requested the notification in writing and has provided the juvenile probation department with a current address.
(b) Except as provided by Subsection (c), on receipt of an order under Subsection (a)(1), the agency maintaining the records:
(1) may allow access only as provided by Section 58.204(b); and
(2) shall respond to a request for information about the records by stating that the records do not exist.
Text of subsection as added by Acts 2013, 83rd Leg., R.S., Ch. 871, Sec. 2
(c) Notwithstanding Subsection (b) of this section and Section 58.206(b), with the written permission of the subject of the records, an agency under Subsection (a)(1) may allow military personnel, including a recruiter, of this state or the United States to access juvenile records in the same manner authorized by law for records to which access has not been restricted under this section.
Text of subsection as added by Acts 2013, 83rd Leg., R.S., Ch. 1299, Sec. 31
(c) Subsection (b) does not apply if:
(1) the subject of an order issued under Subsection (a)(1) is under the jurisdiction of the juvenile court or the Texas Juvenile Justice Department; or
(2) the agency has received notice that the records are not subject to restricted access under Section 58.211.
(d) Notwithstanding Subsection (b) and Section 58.206(b), with the permission of the subject of the records, an agency listed in Subsection (a)(1) may permit the state military forces or the United States military forces to have access to juvenile records held by that agency. On receipt of a request from the state military forces or the United States military forces, an agency may provide access to juvenile records held by that agency in the same manner authorized by law for records that have not been restricted under Subsection (a).
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 20, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 871 (H.B. 694), Sec. 2, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 31, eff. September 1, 2013.
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