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Explanantion of the New Texas ALF Requirements

By Heather Brown
October 27, 2014

All Assisted Living Facilities (ALF) in Texas are expected to comply with the law regarding the notice of sex offender status to residents of group home under the health and safety code. Under this law, all ALFs are required to check whether any of their current and potential residents are among the listed sex offenders in Texas. The full list of these offenders is on the Texas public sex registry. Accordingly, the assisted living facility has the responsibility of notifying all the facility residents and their guardians about the offence disclosing all information regarding the offender.

The law requires the director of the assisted living facility to ascertain if an applicant who requests for admission is registered under the sex offender program by checking the state website of the department of public safety of the state of Texas before admission into the facility.

All new applicants must undergo thorough screening. In the event that these new applicants are found to have committed sexual offenses then the assisted living facility director has to inform all the residents and guardians within the first three days of residency.

The director is also expected to ascertain whether any resident within his facility is a registered sexual offender by 1st march and inform all legal guardians of the residents and to other residents required to register.

Remember that the notice must include all the information contained in the registry. To avoid violent repercussions against the mentioned victim from fellow residents, it is advisable to seek legal advice of a health care law attorney for assistance and guidance.

If circumstances require the discharge of the affected person, then the Assisted Living Facility shall commence the discharge plan indicating the reason for discharge. The discharge should be done within thirty days after the commencement of the process. All documents related to the discharge must have the reason and date for the discharge. When checking the registry for details of sex offenders, you are allowed to include the registry printout with the letter given to the guardian and other residents.

If at all the resident is proved a threat to others, an emergency discharge should be pursued. This takes place 14 days after notification. The discharge plan documents must clearly indicate the reason for discharge as a sex offence. This document has to be served to the victim’s legal representative in advance to help arrange for possible relocation.

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