Relating to certain duties of the owner or operator of a residential child detention facility.
Impact
By enforcing stricter oversight and background check requirements, HB162 aims to enhance the safety and security of children housed in these facilities. These provisions are intended to prevent individuals with potentially harmful backgrounds from working with vulnerable populations. Furthermore, the legislation establishes a protocol for handling and destroying criminal history information, thus ensuring personal privacy while maintaining the integrity of the evaluation process for staff hiring.
Summary
House Bill 162 proposes to amend the Government Code regarding the operations of residential child detention facilities in Texas. It specifically provides guidelines for the access to, and handling of, criminal history record information for individuals seeking employment or involved with these facilities. The bill mandates facility operators to conduct criminal background checks on both employees and volunteers, especially when state funding constitutes a significant portion of the facility's operating expenses.
Sentiment
The general sentiment surrounding HB162 appears to be positive, particularly among child welfare advocates and supporters of stronger regulatory measures. They emphasize the importance of safeguarding the well-being of children in detention facilities through thorough vetting of personnel. However, there may also be concerns expressed by proponents of civil liberties regarding the extent of background checks and the implications for individuals with prior records seeking employment in these facilities.
Contention
Notable points of contention may arise with regard to the implementation of the memorandum of understanding between facility operators and local governing bodies to dictate operational standards and health reporting. Some may argue that this could place additional burdens on facilities, especially smaller ones that may struggle with compliance. The bill's requirement for transparency through monthly occupancy records and quarterly incident reports could also lead to disputes over privacy concerns and operational pressures.
Texas Constitutional Statutes Affected
Government Code
Chapter 411. Department Of Public Safety Of The State Of Texas
Relating to the confinement or detention of certain individuals in a county jail or other facility operated by or for the county and to the compensation to the county for the costs of that confinement or detention.
Relating to procedures applicable to the emergency detention of a person with mental illness at a mental health facility, including the detention, transportation, and transfer of the person and to certain best practices for courts with jurisdiction over emergency mental health matters.