Relating to the provision of assistance to elderly persons in obtaining certain protective orders.
Impact
Should HB2603 be enacted, it would introduce significant changes to how the legal system assists the elderly in cases of domestic abuse. By formalizing a process for the state to provide assistance in obtaining protective measures, the bill could lead to a more streamlined approach for vulnerable populations to ensure their safety. This could particularly benefit elderly individuals who may face barriers in accessing legal resources, fostering greater protections at home.
Summary
House Bill 2603 aims to enhance the protection of elderly individuals by providing state assistance in obtaining certain protective orders. Specifically, the bill mandates that the Texas Department of Human Resources offer help to elderly persons in acquiring emergency ex parte orders. These orders would allow such individuals to remove someone from their residence who has committed acts of physical or verbal abuse, thereby addressing instances of family violence defined by Texas law.
Contention
There may be points of contention surrounding the implementation of such a law, including concerns about the practicalities of enforcement and the adequacy of resources allocated for this assistance. Potential critics might voice apprehension regarding the definition of family violence, fearing that it could lead to misuse of protective orders. Furthermore, identifying and supporting vulnerable elderly victims adequately while navigating various state resources could also raise questions regarding overall efficacy and appropriateness of such measures.
Texas Constitutional Statutes Affected
Human Resources Code
Chapter 48. Investigations And Protective Services For Elderly Persons And Persons With Disabilities
Relating to informing the public about the availability of provisions in protective orders, including provisions regarding pets and other companion animals.
Relating to the investigation or determination of abuse or neglect of a child, elderly person, or person with a disability and the provision of certain services.