Texas 2023 - 88th 3rd C.S.

Texas House Bill HB31

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to an external audit of abuse or neglect investigations conducted by the Department of Family and Protective Services.

Impact

The introduction of HB 31 is expected to have significant implications on state laws regarding child welfare and protective services. By instituting a framework for external auditing, the bill seeks to root out inefficiencies and potentially systemic failures within the investigative processes of the department. The audit findings must be submitted to various stakeholders, including the legislature, which bolsters transparency and could lead to legislative reforms based on the audit results. Moreover, the department is required to develop a corrective action plan addressing any deficiencies identified in the audit.

Summary

House Bill 31 aims to enhance accountability within the Texas Department of Family and Protective Services by mandating an external audit of abuse or neglect investigations. The bill stipulates that if the number of complaints concerning abuse or neglect investigations reaches or exceeds 15% of the total investigations in a year, the department must engage an independent external auditor. This auditor will assess the department's procedures and determine whether adequate responses were made to abuse or neglect reports, while also making recommendations for necessary operational improvements.

Sentiment

The sentiment surrounding HB 31 has been largely positive among advocates for child welfare, as the bill is perceived as a necessary step towards ensuring that the department adheres to high standards of accountability. Supporters argue that the bill will lead to improved handling of abuse and neglect cases, thereby protecting vulnerable children. Conversely, some skepticism remains regarding the efficacy of audits in genuinely transforming departmental practices, with concerns that it may create additional bureaucratic hurdles without yielding meaningful change.

Contention

Notable points of contention include the potential implications for staff morale and operational capacity within the department. Critics of the bill caution that the increased scrutiny and pressure to respond to audit findings could lead to adverse effects, particularly if the department already faces resource constraints. Furthermore, there are discussions about the independence and capability of the external auditors selected, as the effectiveness of the bill hinges on the auditors' ability to evaluate the department’s processes impartially. The bill sets a precedent for how similar departments might be assessed in the future, thus drawing attention to the balance between oversight and operational autonomy.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 261. Investigation Of Report Of Child Abuse Or Neglect
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB4163

Relating to an external audit of investigations conducted by the Department of Family and Protective Services; authorizing a civil penalty.

TX HB635

Relating to notifying an alleged perpetrator of child abuse or neglect of the person's rights in connection with an investigation conducted by the Department of Family and Protective Services.

TX SB2525

Relating to creating the Family and Protective Services Board.

TX HB730

Relating to policies and procedures regarding certain suits affecting the parent-child relationship, investigations by the Department of Family and Protective Services, and parental child safety placements.

TX SB515

Relating to investigations of child abuse and neglect and the procedures for adding names to or removing names from the central registry of child abuse and neglect.

TX SB388

Relating to court orders to aid an investigation by the Department of Family and Protective Services.

TX HB5176

Relating to an annual report published by the Department of Family and Protective Services regarding child protective services.

TX SB24

Relating to the powers and duties of the Health and Human Services Commission and the transfer to the commission of certain powers and duties from the Department of Family and Protective Services.

TX HB4049

Relating to the powers and duties of the Health and Human Services Commission and the transfer to the commission of certain powers and duties from the Department of Family and Protective Services.

TX SB2103

Relating to transferring certain investigations of abuse, neglect, and exploitation to the Health and Human Services Commission.

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