88S30025 AMF-D
By: Gervin-Hawkins H.B. No. 31
A BILL TO BE ENTITLED
AN ACT
relating to an external audit of abuse or neglect investigations
conducted by the Department of Family and Protective Services.
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 ABUSE OR
NEGLECT INVESTIGATIONS. (a) If in any year the number of filed
complaints relating to abuse or neglect investigations the
department conducts equals or exceeds 15 percent of the total
number of investigations the department conducts 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 is not subject to direction from the
department.
(b) An audit conducted under Subsection (a) must:
(1) determine the number of abuse or neglect reports
the department received during four randomly selected months of the
one-year period immediately preceding the audit, and the number of
abuse or neglect reports 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 for the department's decision not to 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 reporting
and investigation procedures for reports of abuse or neglect;
(5) make recommendations regarding any necessary
revisions to the department's reporting and investigation
procedures for 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
for the department to implement, including workforce or
organizational improvements or additional training.
(c) The department shall pay the costs associated with an
audit conducted under this section using existing resources.
(d) The auditor shall submit an audit report containing the
information described by Subsection (b) to the department, the
legislature, and the governor.
(e) The department shall develop a plan to address all
concerns identified in the audit report and implement all
recommendations from the audit report not later than the 90th day
after the date the audit report is submitted to the department under
Subsection (d).
(f) If the audit report indicates any individual department
employee received complaints in 30 percent or more of the audited
investigations the employee conducted, the department shall
conduct an employment review to investigate the validity of the
complaints.
(g) If the legislature or the governor determines the
department failed to address the concerns identified in the audit
report and implement the recommendations of the audit report before
the end of the 15th working day after the date the department
develops the plan under Subsection (e), the department not later
than the 30th day after the date the legislature or the governor
makes the determination shall:
(1) engage the same auditor to conduct an additional
audit under this section; or
(2) if the same auditor is unable to perform the audit,
select another external auditor to conduct the additional audit.
SECTION 2. This Act takes effect on the 91st day after the
last day of the legislative session.