Granting certain current and former residents of Texas state schools and state centers who have been injured as a result of their residency in those facilities, and the guardians or family members of those current and former residents, permission to sue the State of Texas and the Department of Aging and Disability Services.
Impact
If enacted, SCR45 will enable residents who experienced mistakes, negligence, or potential abuse within state schools and centers to seek legal recourse. The resolution highlights the constitutional rights of individuals with disabilities, particularly their right to a safe and humane environment, adequate treatment, and protection from harm. By granting permission to sue, the bill acknowledges the systemic issues these facilities have faced, as evidenced by investigations and reports from the Department of Justice.
Summary
SCR45 is a concurrent resolution aimed at addressing the legal rights of current and former residents of Texas state schools and centers who allege harm due to their time in these facilities. The resolution allows these individuals, along with their guardians or family members, to sue the State of Texas and the Department of Aging and Disability Services for injuries sustained. This legislative action comes in response to documented deficiencies in care and safety at these state institutions, which serve individuals with developmental disabilities.
Conclusion
SCR45 reflects a critical move towards legislative reform in Texas regarding the treatment of individuals in state schools for developmental disabilities. It aims to facilitate justice for those affected by neglect and abuse while establishing a precedent for the state’s responsibility towards its most vulnerable residents.
Contention
Notably, the resolution underscores significant concerns regarding the quality of care, staffing shortages, and administrative deficiencies within state facilities. Allegations of abuse and neglect have been widespread, and data suggest high rates of serious incidents, including deaths related to poor care and oversight. This bill, therefore, opens the discussion on accountability for these institutions, and raises questions regarding their operation and the protections in place for vulnerable populations.
Relating to policies and procedures regarding children placed by the Department of Family and Protective Services in a residential treatment center or qualified residential treatment program.
Relating to policies and procedures regarding children placed by the Department of Family and Protective Services in a residential treatment center or program.
Relating to prohibiting weapons in certain facilities or residences providing services to individuals with an intellectual disability or a developmental disability.
Relating to the terminology used to refer to certain disabilities and to an individualized education team for purposes of determining a student's eligibility for special education services and providing those services in public schools.
Relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.
Relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.
Relating to service requirements of certain current or former members of the Texas National Guard, the Texas Air National Guard, or a reserve component of the armed forces of the United States for tuition and fee exemptions at public institutions of higher education.
Relating to certain criminal conduct and organizations that threaten the security of this state and its residents and borders; increasing criminal penalties.
Relating to the continuation and functions of the Texas Juvenile Justice Department, the functions of the office of independent ombudsman for the Texas Juvenile Justice Department, and the powers and duties of the office of inspector general of the Texas Juvenile Justice Department.
Relating to the establishment of the Texas Board of Behavior Analyst Examiners and the requirement to obtain a license to practice as a behavior analyst or assistant behavior analyst; imposing fees; providing an administrative penalty.
Relating to the establishment of the Texas Board of Behavior Analyst Examiners and the requirement to obtain a license to practice as a behavior analyst or assistant behavior analyst; imposing fees; providing an administrative penalty; providing a civil penalty; creating a criminal offense.
Changes the name of "applied behavior assistant analyst" to "assistant applied behavior analyst" and makes several changes to provide consistency in the certification language for behavioral analysts.
Changes the name of "applied behavior assistant analyst" to "assistant applied behavior analyst" and makes several changes to provide consistency in the certification language for behavioral analysts.