TDCAA TDCAA Community Juvenile Law Restricted Access to Records in the Midst of Trying to Collect Fees and Costs
On April 2, I filed a Motion to Enforce the orders of payment against the juvenile (now 17) and his parents.
On April 5, pursuant to the notice of DPS, the Court ordered access to the records restricted under Section 58.204 of the Family Code.
The show cause hearing regarding the failure to pay the fees and costs in this case is set for April 29.
Does the order for restricted access bring a halt to my enforcement proceeding, do I need to file a motion to reopen the records for purposes of the enforcement, or something else? The Family Code doesn't seem to address this particular scenario.
I just finished a JURY TRIAL today, where the clerk refused to give me access to the file because access was restricted. I had to get a district judge to make them give me information. I couldn't even find out if my subpoenas were returned served or not. This is a total mess! Has anyone else figured out how to handle pending matters once the juvenile respondent is 17 and thus records access is restricted???????
I am curious about this too. I have a certification hearing next week and the file is already restricted. I hoping it isn't an issue.
58.204 speaks of "the department" records and so pertains to the records of the department ie: DPS/CJIS
58.207 upon "certification" applies the conditions of .204 upon other agencies ie probation departments, clerks etc..
it it refers back to the access under .204 (b) for a criminal justice agency for a criminal justice purpose to-wit: "Criminal justice agency" means(A) a federal or state agency that is engaged in the administration of criminal justice under a statute or executive order and that allocates a substantial portion of its annual budget to the administration of criminal justice; or(B) a nongovernmental railroad or campus police department that has obtained an originating agency identifier from the Federal Bureau of Investigation.(4) "Criminal justice purpose" means(A) an activity that is included in the administration of criminal justice; or(B) screening of applicants for employment with a criminal justice agency
and then aren't "we" under that definition a CJA with a CJP ?
I think we are a CJA with a CJP. But just to be safe, I had the District Judge sign an order to allow access to the file and allow us all to discuss the contents of the previously restricted records in my certification hearing.
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