Relating to the liability of entities contracted with the Department of Family and Protective Services to provide community-based care.
Impact
The amendments introduced by HB3926 will significantly impact how community-based care providers operate within the state. By limiting liability for negligence claims against these contracted entities, the bill aims to protect them from heavy financial burdens that could arise from lawsuits related to the care and supervision of children. It mandates that these entities maintain certain levels of insurance to benefit from this liability protection, potentially leading to a more stable environment for nonprofits working with vulnerable populations. The bill applies to causes of action arising after its enactment, suggesting an immediate effect on existing legal frameworks surrounding child care operations.
Summary
House Bill 3926 seeks to amend existing laws concerning the liability of entities contracted with the Department of Family and Protective Services (DFPS) for providing community-based care. The bill specifies that nonprofit organizations acting as single source continuum contractors will be considered charitable organizations for the purposes of liability under the Civil Practice and Remedies Code. This legislative change aims to delineate liability limits for these entities and their employees or volunteers when dealing with actions related to child supervision and care.
Sentiment
The sentiment surrounding HB3926 appears to lean towards support from those who understand the pressures faced by nonprofit organizations in child welfare sectors. Supporters may view the bill as a necessary reform to encourage the provision of child care services without the looming threat of crippling lawsuits. Conversely, there may be concerns from child advocacy groups who fear that minimizing liability could lead to insufficient accountability for care providers, potentially impacting child safety and welfare standards. Thus, while the bill could foster a more conducive environment for community service delivery, it raises important questions about the balance between operational incentives and legal accountability.
Contention
Notable points of contention may arise from the bill's intent to establish limited liability for contracted entities. Critics might argue that such provisions could discourage rigorous oversight of these nonprofits by limiting accountability for acts of negligence, especially concerning child treatment and supervision. Opponents of the bill could express apprehension about potential loopholes that may allow entities to operate without sufficient scrutiny, thereby risking the welfare of children under their care. As the bill moves through the legislative process, public discourse may focus on these potential risks versus the benefits of enabling nonprofits to operate without the burden of extensive liability concerns.
Texas Constitutional Statutes Affected
Family Code
Chapter 264. Child Welfare Services
Section: 170
Civil Practice And Remedies Code
Chapter 84. Charitable Immunity And Liability
Section: New Section
Human Resources Code
Chapter 42. Regulation Of Certain Facilities, Homes, And Agencies That Provide Child-care Services
Relating to the liability of entities contracted with the Department of Family and Protective Services to provide community-based care or child welfare services.
Relating to the liability of entities contracted with the Department of Family and Protective Services to provide community-based care or child welfare services.
Relating to the liability of nonprofit entities contracted with the Department of Family and Protective Services or with a single source continuum contractor to provide community-based care or child welfare services.
Relating to the liability of nonprofit entities contracted with the Department of Family and Protective Services or with a single source continuum contractor to provide community-based care or child welfare services.
Relating to the administration of services provided by the Department of Family and Protective Services, including foster care, child protective services, and prevention and early intervention services.
Relating to the powers and duties of the Department of Family and Protective Services and the transfer of certain powers and duties from the Health and Human Services Commission.
Relating to certain procedures in a suit affecting the parent-child relationship for a child placed in the conservatorship of the Department of Family and Protective Services and the provision of family preservation services and community-based foster care.
Relating to child protective services suits, motions, and services by the Department of Family and Protective Services and to the licensing of certain facilities, homes, and agencies that provide child-care services.