Relating to certain duties of the owner or operator of a residential child detention facility.
Impact
The bill establishes a statutory framework for residential child detention facilities, which cater to unaccompanied immigrant and refugee children. By mandating these facilities to obtain and manage criminal history information, the bill aims to enhance safety standards and compliance in facility operations. Additionally, it requires facilities to report incidents and health issues, thereby promoting greater transparency and accountability to local authorities and the public, which is a significant shift in the regulatory landscape.
Summary
House Bill 3120 seeks to amend the duties of owners or operators of residential child detention facilities, primarily focusing on their responsibilities regarding criminal history record information for personnel. The bill allows these facilities to obtain criminal history data of employees and volunteers, which is restricted in its use and requires careful handling, including destruction of information after specified timelines. This legislative measure is positioned as a means of ensuring child safety within such detention facilities by equipping operators with necessary information about potential employees.
Sentiment
The sentiment surrounding HB 3120 appears to be cautiously supportive, particularly among advocates of child safety and regulation in detention facilities. Proponents argue that the bill will provide necessary oversight and help prevent individuals with concerning backgrounds from working with vulnerable populations. However, there are concerns about the implications of background checks and data privacy, with critics raising questions about the enforcement burden on facilities and the appropriateness of certain data handling practices.
Contention
Notable points of contention stem from the degree of oversight and the potential for increased administrative responsibilities placed on facility operators. Some stakeholders worry that the added bureaucratic requirements may hinder operational efficiency without significantly enhancing safety. Furthermore, debates have emerged regarding the adequacy of background checks and how these measures align with existing laws and regulations governing such facilities.
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.
Relating to the authority of a peace officer to apprehend a person for emergency detention and the authority of certain facilities and physicians to temporarily detain a person with mental illness.