| 1 | 1 | | 88R14241 AMF-D |
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| 2 | 2 | | By: Gervin-Hawkins H.B. No. 4163 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to an external audit of investigations conducted by the |
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| 8 | 8 | | Department of Family and Protective Services; authorizing a civil |
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| 9 | 9 | | penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter D, Chapter 261, Family Code, is |
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| 12 | 12 | | amended by adding Section 261.3092 to read as follows: |
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| 13 | 13 | | Sec. 261.3092. EXTERNAL AUDIT OF DEPARTMENT |
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| 14 | 14 | | INVESTIGATIONS. (a) If the number of complaints filed relating to |
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| 15 | 15 | | abuse or neglect investigations conducted by the department |
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| 16 | 16 | | annually is equal to 15 percent or more of the total number of |
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| 17 | 17 | | investigations conducted by the department during that year, the |
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| 18 | 18 | | department shall select an external auditor to conduct an audit of |
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| 19 | 19 | | the department's investigative procedures. The external auditor |
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| 20 | 20 | | shall be independent and not subject to direction from the |
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| 21 | 21 | | department. |
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| 22 | 22 | | (b) An audit under Subsection (a) must: |
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| 23 | 23 | | (1) determine the number of reports of abuse or |
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| 24 | 24 | | neglect the department received during the 30-day period |
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| 25 | 25 | | immediately preceding the audit, and the number of reports of abuse |
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| 26 | 26 | | or neglect for which the department conducted an investigation; |
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| 27 | 27 | | (2) determine, if the department did not conduct an |
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| 28 | 28 | | investigation in response to a report of abuse or neglect, the |
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| 29 | 29 | | reason the department did not conduct an investigation in response |
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| 30 | 30 | | to the report; |
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| 31 | 31 | | (3) assess any deficiencies in the department's |
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| 32 | 32 | | response to reports of abuse or neglect, including failure to |
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| 33 | 33 | | conduct an investigation when an investigation was warranted; |
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| 34 | 34 | | (4) assess the department's compliance with procedures |
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| 35 | 35 | | relating to the reporting and investigation of reports of abuse or |
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| 36 | 36 | | neglect; |
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| 37 | 37 | | (5) make recommendations regarding any necessary |
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| 38 | 38 | | revisions to the department's procedures relating to the reporting |
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| 39 | 39 | | and investigation of reports of abuse or neglect, including |
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| 40 | 40 | | revisions necessary to correct deficiencies in the department's |
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| 41 | 41 | | response to reports of abuse or neglect; and |
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| 42 | 42 | | (6) make recommendations regarding any other changes |
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| 43 | 43 | | to be implemented by the department, including workforce or |
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| 44 | 44 | | organizational improvements or additional training. |
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| 45 | 45 | | (c) The department shall pay the costs associated with an |
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| 46 | 46 | | audit under this section using existing resources. |
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| 47 | 47 | | (d) The auditor shall submit an audit report containing the |
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| 48 | 48 | | information under Subsection (b) to the department, the |
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| 49 | 49 | | legislature, and the governor. |
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| 50 | 50 | | (e) The department shall develop a plan to address all |
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| 51 | 51 | | concerns and implement all recommendations from the audit not later |
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| 52 | 52 | | than the 90th day after receiving the audit report under Subsection |
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| 53 | 53 | | (b). |
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| 54 | 54 | | (f) If the legislature or the governor determines the |
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| 55 | 55 | | department has failed to address the concerns and implement the |
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| 56 | 56 | | recommendations of the audit report under Subsection (b) before the |
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| 57 | 57 | | end of the 15th working day after the date the department develops |
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| 58 | 58 | | the plan under Subsection (e), the department shall be liable for a |
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| 59 | 59 | | penalty of $500 and must select an external auditor to conduct an |
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| 60 | 60 | | additional audit under this section not later than the 30th day |
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| 61 | 61 | | after the date the legislature or the governor makes the |
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| 62 | 62 | | determination. |
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| 63 | 63 | | SECTION 2. This Act takes effect September 1, 2023. |
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