Juvenile Justice Handbook - Texas Attorney General

court may publicly disclose information about a juvenile who is the subject of a directive to
apprehend or a warrant of arrest and who cannot be located by law enforcement. (§58.007(h), F.C.)
A juvenile probation department may also release information contained in its records without
permission of the juvenile court based on the guidelines adopted by the juvenile board. (§58.007(i),
F.C.)
Communicating Information to Schools
Before 1993, the Family Code prohibited the disclosure of juvenile arrest information to the officials
of the school where a child was enrolled. This prohibition hindered the ability of schools to take
precautions to prevent future disruptions or violence. Now, the child’s school district superintendent
and school principal must receive oral notification within 24 hours or on the next school day
following a child’s arrest, referral to an office or official designated by the juvenile court, conviction,
or adjudication for any felony offense and for certain misdemeanor offenses. (§15.27(a), (b) and (h),
C.C.P.) The oral notice must be followed within seven days by written notification mailed to the
superintendent or the superintendent’s designee. (§15.27(a), C.C.P.) Notification may now be done
electronically if initiated within the 24-hour time frame and the single electronic notification will
satisfy both oral & written notification. (§15.27(i), C.C.P.)
According to an Attorney General Opinion, §15.27 of the Code of Criminal Procedure authorizes
law enforcement officials to notify school authorities of all circumstances surrounding the arrest or
detention of a juvenile. 8 The notice may include any information that will help the school in taking
the actions necessary to protect teachers and other students. The opinion specifically approves the
release of information regarding the nature of the charges against a student and the identity of alleged
victims, if they are students or personnel at the school.
Additionally, §37.015 of the Education Code protects school officials from civil liability if they, in
good faith, alert law enforcement officials about certain criminal activities committed by juveniles
at school. Under this provision, school officials are required to notify local law enforcement if they
have reasonable grounds to believe that certain criminal activities are occurring in school, on school
property, or at a school-sponsored or school-related activity, on or off campus. Since 2003, this now
includes conduct that may constitute a criminal offense for which a student may be expelled from
school. (§37.015(a)(7), E.C.) Instructional or support employees at the school, who have regular
contact with a student whose conduct is the subject of the notice, must also be informed.
Since 1999, a school superintendent and a juvenile probation department may also enter into a
written interagency agreement to share information about juvenile offenders. (§58.0051, F.C. and
§37.084, E.C.) The information must relate to the juvenile system’s ability to serve, prior to
adjudication, the student whose records are being released. The juvenile justice agency that receives
the educational information may not disclose it to a third party, other than to another juvenile justice
agency, and must destroy all information when the child is no longer under the jurisdiction of a
juvenile court.
Informal Disposition without Referral to Juvenile Court
An officer taking a juvenile into custody may dispose of that child’s case informally without
referring it to juvenile court if the case meets certain guidelines for such disposition that have been
approved by the juvenile board. The officer must make a written report of the officer’s disposition
Juvenile Justice Handbook 11
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