| 1 | 1 | | 88S30025 AMF-D |
|---|
| 2 | 2 | | By: Gervin-Hawkins H.B. No. 31 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to an external audit of abuse or neglect investigations |
|---|
| 8 | 8 | | conducted by the Department of Family and Protective Services. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter D, Chapter 261, Family Code, is |
|---|
| 11 | 11 | | amended by adding Section 261.3092 to read as follows: |
|---|
| 12 | 12 | | Sec. 261.3092. EXTERNAL AUDIT OF DEPARTMENT ABUSE OR |
|---|
| 13 | 13 | | NEGLECT INVESTIGATIONS. (a) If in any year the number of filed |
|---|
| 14 | 14 | | complaints relating to abuse or neglect investigations the |
|---|
| 15 | 15 | | department conducts equals or exceeds 15 percent of the total |
|---|
| 16 | 16 | | number of investigations the department conducts during that year, |
|---|
| 17 | 17 | | the department shall select an external auditor to conduct an audit |
|---|
| 18 | 18 | | of the department's investigative procedures. The external auditor |
|---|
| 19 | 19 | | shall be independent and is not subject to direction from the |
|---|
| 20 | 20 | | department. |
|---|
| 21 | 21 | | (b) An audit conducted under Subsection (a) must: |
|---|
| 22 | 22 | | (1) determine the number of abuse or neglect reports |
|---|
| 23 | 23 | | the department received during four randomly selected months of the |
|---|
| 24 | 24 | | one-year period immediately preceding the audit, and the number of |
|---|
| 25 | 25 | | abuse or neglect reports for which the department conducted an |
|---|
| 26 | 26 | | investigation; |
|---|
| 27 | 27 | | (2) determine, if the department did not conduct an |
|---|
| 28 | 28 | | investigation in response to a report of abuse or neglect, the |
|---|
| 29 | 29 | | reason for the department's decision not to conduct an |
|---|
| 30 | 30 | | investigation in response to the report; |
|---|
| 31 | 31 | | (3) assess any deficiencies in the department's |
|---|
| 32 | 32 | | response to reports of abuse or neglect, including failure to |
|---|
| 33 | 33 | | conduct an investigation when an investigation was warranted; |
|---|
| 34 | 34 | | (4) assess the department's compliance with reporting |
|---|
| 35 | 35 | | and investigation procedures for reports of abuse or neglect; |
|---|
| 36 | 36 | | (5) make recommendations regarding any necessary |
|---|
| 37 | 37 | | revisions to the department's reporting and investigation |
|---|
| 38 | 38 | | procedures for reports of abuse or neglect, including revisions |
|---|
| 39 | 39 | | necessary to correct deficiencies in the department's response to |
|---|
| 40 | 40 | | reports of abuse or neglect; and |
|---|
| 41 | 41 | | (6) make recommendations regarding any other changes |
|---|
| 42 | 42 | | for the department to implement, including workforce or |
|---|
| 43 | 43 | | organizational improvements or additional training. |
|---|
| 44 | 44 | | (c) The department shall pay the costs associated with an |
|---|
| 45 | 45 | | audit conducted under this section using existing resources. |
|---|
| 46 | 46 | | (d) The auditor shall submit an audit report containing the |
|---|
| 47 | 47 | | information described by Subsection (b) to the department, the |
|---|
| 48 | 48 | | legislature, and the governor. |
|---|
| 49 | 49 | | (e) The department shall develop a plan to address all |
|---|
| 50 | 50 | | concerns identified in the audit report and implement all |
|---|
| 51 | 51 | | recommendations from the audit report not later than the 90th day |
|---|
| 52 | 52 | | after the date the audit report is submitted to the department under |
|---|
| 53 | 53 | | Subsection (d). |
|---|
| 54 | 54 | | (f) If the audit report indicates any individual department |
|---|
| 55 | 55 | | employee received complaints in 30 percent or more of the audited |
|---|
| 56 | 56 | | investigations the employee conducted, the department shall |
|---|
| 57 | 57 | | conduct an employment review to investigate the validity of the |
|---|
| 58 | 58 | | complaints. |
|---|
| 59 | 59 | | (g) If the legislature or the governor determines the |
|---|
| 60 | 60 | | department failed to address the concerns identified in the audit |
|---|
| 61 | 61 | | report and implement the recommendations of the audit report before |
|---|
| 62 | 62 | | the end of the 15th working day after the date the department |
|---|
| 63 | 63 | | develops the plan under Subsection (e), the department not later |
|---|
| 64 | 64 | | than the 30th day after the date the legislature or the governor |
|---|
| 65 | 65 | | makes the determination shall: |
|---|
| 66 | 66 | | (1) engage the same auditor to conduct an additional |
|---|
| 67 | 67 | | audit under this section; or |
|---|
| 68 | 68 | | (2) if the same auditor is unable to perform the audit, |
|---|
| 69 | 69 | | select another external auditor to conduct the additional audit. |
|---|
| 70 | 70 | | SECTION 2. This Act takes effect on the 91st day after the |
|---|
| 71 | 71 | | last day of the legislative session. |
|---|