Texas Family Code - Section 58.209. Information To Child By Probation Officer Or Texas Youth Commission

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§ 58.209. INFORMATION TO CHILD BY PROBATION OFFICER OR 
TEXAS YOUTH COMMISSION.  (a) When a child is placed on probation 
for an offense that may be eligible for automatic restricted access 
at age 21 or when a child is received by the Texas Youth Commission 
on an indeterminate commitment, a probation officer or an official 
at the Texas Youth Commission reception center, as soon as 
practicable, shall explain the substance of the following 
information to the child:
		(1)  if the child was adjudicated as having committed 
delinquent conduct for a felony or jailable misdemeanor, that the 
child probably has a juvenile record with the department and the 
Federal Bureau of Investigation;
		(2)  that the child's juvenile record is a permanent 
record that is not destroyed or erased unless the record is eligible 
for sealing and the child or the child's family hires a lawyer and 
files a petition in court to have the record sealed;
		(3)  that the child's juvenile record, other than 
treatment records made confidential by law, can be accessed by 
police, sheriff's officers, prosecutors, probation officers, 
correctional officers, and other criminal and juvenile justice 
officials in this state and elsewhere;
		(4)  that the child's juvenile record, other than 
treatment records made confidential by law, can be accessed by 
employers, educational institutions, licensing agencies, and other 
organizations when the child applies for employment or educational 
programs;
		(5)  if the child's juvenile record is placed on 
restricted access when the child becomes 21 years of age, that 
access will be denied to employers, educational institutions, and 
others except for criminal justice agencies;
		(6)  that to have the child's juvenile record placed on 
restricted access at age 21, the child must not:
			(A)  commit a felony or jailable misdemeanor;  and                           
			(B)  receive deferred adjudication for or be 
convicted in adult court of a felony or jailable misdemeanor;  and
		(7)  that restricted access does not require any action 
by the child or the child's family, including the filing of a 
petition or hiring of a lawyer, but occurs automatically at age 21 
if the child does not commit a criminal offense in the future.
	(b)  The probation officer or Texas Youth Commission 
official shall:         
		(1)  give the child a written copy of the explanation 
provided;  and        
		(2)  communicate the same information to at least one 
of the child's parents or, if none can be found, to the child's 
guardian or custodian.
	(c)  The Texas Juvenile Probation Commission and the Texas 
Youth Commission shall adopt rules to implement this section and to 
facilitate the effective explanation of the information required to 
be communicated by this section.

Added by Acts 2001, 77th Leg., ch. 1297, § 41, eff. Sept. 1, 
2001.       

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Last modified: August 10, 2007