Relating to failure to report assault, neglect, or omission of care in certain group homes; creating a criminal offense.
Impact
If enacted, SB 187 would create a state jail felony for individuals who neglect to report abuse or neglect occurring in group homes. This measure is specifically targeting organized establishments that provide lodging and support services to vulnerable residents who often have limited legal and advocacy resources. Supporters argue that the legislation fills a significant gap in the current legal framework, empowering individuals to act in the interest of those unable to advocate for themselves and simultaneously promoting the accountability of caretakers in these settings.
Summary
Senate Bill 187 aims to enhance the protection of vulnerable individuals residing in boarding homes in Texas by mandating the reporting of known abuse or neglect. This legislation amends the penal code to introduce a new section that criminalizes the failure to report incidents of assault, neglect, or omission of care in specific group homes. With a focus on safeguarding the elderly and disabled, the bill seeks to ensure that those who witness or have knowledge of such incidents are legally obligated to notify authorities, thereby providing a line of defense against potential maltreatment in these facilities.
Sentiment
Overall, the sentiment surrounding SB 187 appears to be largely supportive from stakeholders such as law enforcement and advocacy groups emphasizing the need for increased scrutiny of boarding home practices. Proponents highlighted the prevalence of neglect and abuse incidents in boarding homes and praised the bill for being a necessary step toward enhancing protection for vulnerable populations. However, there might be concerns among some stakeholders regarding the potential implications for staffing in these homes, as mandated reporting might create hesitance among employees regarding their jobs.
Contention
Debate around SB 187 illustrates the tension between ensuring the safety of vulnerable residents and the operational challenges it could impose on boarding home facilities. Some critics may point to potential drawbacks, such as the fear of legal repercussions deterring employees from working in such facilities or organizations potentially facing undue financial burdens from the implications of the reporting requirements. Yet, advocates maintain that the benefits of holding abusers accountable and protecting the rights of vulnerable individuals far outweigh these concerns.
Texas Constitutional Statutes Affected
Penal Code
Chapter 38. Obstructing Governmental Operation
Section: 172
Section: 172
Section: 172
Section: 172
Health And Safety Code
Chapter 142. Home And Community Support Services
Section: New Section
Section: New Section
Section: New Section
Chapter 242. Convalescent And Nursing Facilities And Related Institutions
Section: New Section
Section: New Section
Section: New Section
Chapter 246. Continuing Care Facilities
Section: New Section
Section: New Section
Section: New Section
Chapter 247. Assisted Living Facilities
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Chapter 252. Intermediate Care Facilities For Individuals With An Intellectual Disability
Section: New Section
Section: New Section
Section: New Section
Chapter 260. Boarding Home Facilities
Section: New Section
Tax Code
Chapter 156. Hotel Occupancy Tax
Section: 001
Section: 001
Section: 001
Human Resources Code
Chapter 42. Regulation Of Certain Facilities, Homes, And Agencies That Provide Child-care Services
Relating to the regulation of group home facilities, including optional county or municipal permitting requirements; authorizing a fee; creating criminal offenses.