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Texas Penal Code - PENAL § 38.172. Failure to Report Assault, Neglect, or Omission of Care in Certain Group Homes

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) In this section, “group home” means an establishment that:

(1) provides, in one or more buildings, lodging to three or more residents who are unrelated by blood or marriage to the owner of the establishment;  and

(2) provides those residents with community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-administration of medication but does not provide personal care services as defined by Section 247.002, Health and Safety Code.

(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.

(c) It is an exception to the application of this section that:

(1) the actor is a person who holds a license issued under Chapter 142, 242, 246, 247, or 252, Health and Safety Code, or who is exempt from licensing under Section 142.003(a)(19), 242.003(3), or 247.004(4), Health and Safety Code;  or

(2) the injury occurs in:

(A) an establishment or facility exempt from licensing under Section 142.003(a)(19), 242.003(3), or 247.004(4), Health and Safety Code;

(B) a hotel as defined by Section 156.001, Tax Code;

(C) a retirement community;

(D) a monastery or convent;

(E) a child-care facility as defined by Section 42.002, Human Resources Code;

(F) a family violence shelter center as defined by Section 51.002, Human Resources Code;  or

(G) a sorority or fraternity house or other dormitory associated with an institution of higher education.

(d) An offense under this section is a Class A misdemeanor.

(e) If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

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Cite this article: FindLaw.com - Texas Penal Code - PENAL § 38.172. Failure to Report Assault, Neglect, or Omission of Care in Certain Group Homes - last updated January 01, 2024 | https://codes.findlaw.com/tx/penal-code/penal-sect-38-172/

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