88R14241 AMF-D
By: Gervin-Hawkins H.B. No. 4163
A BILL TO BE ENTITLED
AN ACT
relating to an external audit of investigations conducted by the
Department of Family and Protective Services; authorizing a civil
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 261, Family Code, is
amended by adding Section 261.3092 to read as follows:
Sec. 261.3092. EXTERNAL AUDIT OF DEPARTMENT
INVESTIGATIONS. (a) If the number of complaints filed relating to
abuse or neglect investigations conducted by the department
annually is equal to 15 percent or more of the total number of
investigations conducted by the department during that year, the
department shall select an external auditor to conduct an audit of
the department's investigative procedures. The external auditor
shall be independent and not subject to direction from the
department.
(b) An audit under Subsection (a) must:
(1) determine the number of reports of abuse or
neglect the department received during the 30-day period
immediately preceding the audit, and the number of reports of abuse
or neglect for which the department conducted an investigation;
(2) determine, if the department did not conduct an
investigation in response to a report of abuse or neglect, the
reason the department did not conduct an investigation in response
to the report;
(3) assess any deficiencies in the department's
response to reports of abuse or neglect, including failure to
conduct an investigation when an investigation was warranted;
(4) assess the department's compliance with procedures
relating to the reporting and investigation of reports of abuse or
neglect;
(5) make recommendations regarding any necessary
revisions to the department's procedures relating to the reporting
and investigation of reports of abuse or neglect, including
revisions necessary to correct deficiencies in the department's
response to reports of abuse or neglect; and
(6) make recommendations regarding any other changes
to be implemented by the department, including workforce or
organizational improvements or additional training.
(c) The department shall pay the costs associated with an
audit under this section using existing resources.
(d) The auditor shall submit an audit report containing the
information under Subsection (b) to the department, the
legislature, and the governor.
(e) The department shall develop a plan to address all
concerns and implement all recommendations from the audit not later
than the 90th day after receiving the audit report under Subsection
(b).
(f) If the legislature or the governor determines the
department has failed to address the concerns and implement the
recommendations of the audit report under Subsection (b) before the
end of the 15th working day after the date the department develops
the plan under Subsection (e), the department shall be liable for a
penalty of $500 and must select an external auditor to conduct an
additional audit under this section not later than the 30th day
after the date the legislature or the governor makes the
determination.
SECTION 2. This Act takes effect September 1, 2023.