HB 4885 amends several sections of the Texas Family Code to authorize the disclosure of confidential juvenile justice records to a "managed assigned counsel program" (MAC program). These programs, governed by Article 26.047 of the Texas Code of Criminal Procedure, are responsible for appointing and supervising attorneys who represent indigent defendants, including juveniles, in criminal and juvenile court proceedings. The bill aims to ensure that these programs can fulfill their duties effectively by granting them access to the necessary information for determining indigence and overseeing appointed counsel.
Specifically, HB 4885 adds MAC programs to the list of entities permitted to access confidential juvenile information under three key Family Code provisions:
Section 58.004(b): Governing the exceptions to the confidentiality of juvenile law enforcement records.
Section 58.005(a-1): Outlining who may access confidential juvenile probation and court records.
Section 58.007(b): Addressing who may inspect or copy juvenile court, probation, and prosecutor records.
The bill makes clear that MAC programs may access these records only to the extent necessary to assess eligibility for appointed legal counsel and to perform their supervisory functions over defense attorneys. This ensures that disclosure remains appropriately limited and serves a legitimate public purpose—namely, safeguarding a juvenile's right to effective legal representation.
HB 4885 applies retroactively to relevant records, whether created before, on, or after its September 1, 2025, effective date. The bill represents a targeted reform designed to improve the quality and coordination of legal defense services for juveniles involved in the justice system, while maintaining proper safeguards on sensitive information.