Relating to the Department of Family and Protective Services, including protective services and investigations of alleged abuse, neglect, or exploitation for certain adults who are elderly or disabled; providing a criminal penalty.
Impact
If implemented, SB277 would significantly alter how Texas handles cases involving abuse and neglect of elderly and disabled persons. By allowing DFPS to bypass certain privacy barriers for financial records during investigations, the bill could lead to more thorough and timely assessments of suspect cases. Furthermore, the establishment of specific legal procedures enables DFPS to act swiftly in scenarios where a person's immediate safety is at risk. The legislation also reinforces penalties for knowingly reporting false information regarding investigations, thus aiming to discourage frivolous or malicious claims that could undermine the protective services process.
Summary
SB277 aims to enhance the protections available to elderly or disabled individuals by updating the procedures governing the Department of Family and Protective Services (DFPS). This bill specifically addresses the investigation of alleged abuse, neglect, or exploitation against these vulnerable populations. It creates clearer guidelines for how DFPS can engage with financial institutions to retrieve records necessary for ensuring the safety of these individuals, thus facilitating a more efficient investigative process. Moreover, the bill stipulates that the department can access essential information without obtaining prior consent if it is in the best interest of the alleged victim's safety and welfare.
Contention
Despite the potential benefits, there may be concerns about the implications for individual privacy and the advocacy for vulnerable populations. Critics may argue that increasing authority for government agencies like DFPS could lead to overreach, where safeguards against wrongful intrusions into personal privacy are compromised under the guise of protecting the elderly and disabled. Therefore, the balance between necessary protective action and the rights of individuals is likely to be a significant point of debate as the bill progresses through the legislative process.
Relating to peace officer reporting of suspected abuse, neglect, or exploitation of an elderly person or a person with a disability to the adult protective services division of the Department of Family and Protective Services.
Relating to the reporting and investigation of certain allegations of abuse, neglect, and exploitation, the making and investigation of complaints alleging violations of certain health facility licensing requirements, and the content of the employee misconduct registry.
Relating to notifying an alleged perpetrator of child abuse or neglect of the person's rights in connection with an investigation conducted by the Department of Family and Protective Services.
Relating to the powers and duties of the Health and Human Services Commission and the transfer to the commission of certain powers and duties from the Department of Family and Protective Services.
Relating to the powers and duties of the Health and Human Services Commission and the transfer to the commission of certain powers and duties from the Department of Family and Protective Services.
Relating to the Department of Family and Protective Services, including protective services and investigations of alleged abuse, neglect, or exploitation for certain adults who are elderly or disabled; providing a criminal penalty.
Children: services; reference to "children's ombudsman" in 1973 PA 116; amend to "child advocate". Amends secs. 5a & 10 of 1973 PA 116 (MCL 722.115a & 722.120). TIE BAR WITH: SB 0432'23
Children: services; reference to “children’s ombudsman” in 1973 PA 116; amend to “child advocate”. Amends secs. 5a & 10 of 1973 PA 116 (MCL 722.115a & 722.120). TIE BAR WITH: HB 4638'23
Children: services; acknowledgement of child protective services cases to certain media sources; provide for. Amends sec. 7 of 1975 PA 238 (MCL 722.627).
Children: services; reference to “children’s ombudsman” in the child protection law; amend to “child advocate”. Amends secs. 7, 7b & 7k of 1975 PA 238 (MCL 722.627 et seq.). TIE BAR WITH: HB 4638'23
Children: services; reference to "children's ombudsman" in the child protection law; amend to "child advocate". Amends secs. 7, 7b & 7k of 1975 PA 238 (MCL 722.627 et seq.). TIE BAR WITH: SB 0432'23