The Texas Failure to Report Assault, Neglect, or Omission of Care in Certain Group Homes law gives police the right to arrest you if they believe you had actual knowledge that a resident of a group home had suffered bodily injury due to an assault, neglect, or an omission in care; and you failed to report that fact to law enforcement or the DFPS.
FAQs about the
Failure to Report in Group Homes law in Texas
- What is the current Texas law about Failure to Report Assault, Neglect, or Omission of Care in Certain Group Homes?
- What is the statute of limitation for Failure to Report in Group Homes in Texas?
- What is the penalty for a Texas Failure to Report in Group Homes offense?
- Can you get probation for Failure to Report in Group Homes in Texas?
- What level of crime is Failure to Report in Group Homes in Texas?
This law only applies to group homes, which are defined (in more detail below) as places that provide meals and lodging, but not assisted living facilities. It basically says that anyone (an employee, resident or anyone else) who knows that an assault took place or is suffering from abuse or neglect, must report that fact to DFPS or law enforcement.
Have you been charged with Failure to Report Assault, Neglect, or Omission of Care in Certain Group Homes? Book a consultation to discuss legal representation with attorneys Paul Saputo and Nicholas Toufexis today.
This offense is similar to the mandatory child abuse reporting requirements for educators and professionals, but this law applies to anyone at all with knowledge.
The Texas legislature codified this criminal offense in Texas Penal Code Section 38.172, and it went into effect September 1, 2023.
The Penal Code classifies the Texas Failure to Report in Group Homes law under Title 8 “Offenses Against Public Administration,” Chapter 38 “Obstructing Governmental Operation.” Learn more about the Texas offense of Failure to Report Assault, Neglect, or Omission of Care in Certain Group Homes below.
What is the current Texas law about Failure to Report Assault, Neglect, or Omission of Care in Certain Group Homes?
The current Texas law defines the offense of Failure to Report Assault, Neglect, or Omission of Care in Certain Group Homes in Penal Code Section §38.172 as follows:[1]
(b) A person commits an offense if the person:
(1) has actual knowledge that a resident of a group home has suffered bodily injury due to assault, neglect, or an omission in care; and
(2) fails to report that fact to law enforcement or the Department of Family and Protective Services.
The law defines group homes as establishments that provide to three or more residents who are unrelated by blood or marriage to the owner of the establishment lodging, community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-administration of medication but does not provide assisted living.[2]
This offense was created by the 88th Texas Legislature in 2023,[3] effective September 1, 2023.[4]
What is the statute of limitation for Failure to Report in Group Homes in Texas?
As a misdemeanor, Failure to Report in Group Homes charges have a two-year limitations period.[5]
What is the penalty for a Texas Failure to Report in Group Homes offense?
A conviction for Failure to Report Assault, Neglect, or Omission of Care in Certain Group Homes in Texas is punished as a Class A misdemeanor,[6] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year. Learn about the differences between grades of felonies and misdemeanors here.
Can you get probation for Failure to Report in Group Homes in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Failure to Report in Group Homes, and judges are also allowed to accept deferred adjudication plea deals.[7]
What level of crime is Failure to Report in Group Homes in Texas?
The Penal Code classifies Failure to Report in Group Homes as a Class A misdemeanor.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §38.172. This law is current as of the 88th Legislature Regular Session.^2. Texas Penal Code §38.172(a)^3. SB 189, 88th Texas Legislature (RS), Section 3^4. SB 189, 88th Texas Legislature (RS), Section 4^5. See Code of Criminal Procedure 12.02(a)^6. Texas Penal Code §38.172(d)^7. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .
