Relating to an external audit of investigations conducted by the Department of Family and Protective Services.
Impact
The external audit will assess various aspects of the department's handling of complaint reports, including the number of investigations conducted, reasons for not pursuing certain reports, and compliance with established procedures. The auditor is tasked with identifying deficiencies and making recommendations to improve the department's operations. This oversight mechanism reflects a legislative intent to boost accountability within the DFPS, particularly in addressing concerns about how investigations are managed, and reinforcing public trust in the system dealing with cases of abuse and neglect.
Summary
House Bill 534 aims to enhance oversight of the investigations conducted by the Department of Family and Protective Services (DFPS) in Texas. The bill mandates that if the number of complaints relating to abuse or neglect investigations reaches 15% or more of the total investigations conducted in a year, an external auditor must be selected to carry out an audit of the department's investigative procedures. This measure is intended to ensure that investigations are thorough and that the department is responsive to reports of abuse or neglect.
Contention
Notably, the bill stipulates that the department must develop a plan within 90 days of receiving the audit report to address and implement recommendations made by the auditor. Should the department fail to act on these recommendations, a follow-up audit is required. Critics might argue that imposing such audits could strain departmental resources or overshadow the operational challenges within DFPS. However, proponents contend that through increased scrutiny and the potential for corrective action, the bill ensures improvements in department effectiveness and responsiveness to cases of abuse.
Enforcement
The bill is set to take effect on September 1, 2025, which allows time for the necessary frameworks and processes to be established. Overall, HB534 represents a significant step towards ensuring that investigations of abuse or neglect are conducted with greater accountability and a commitment to upholding the integrity of the investigative process within the DFPS.
Texas Constitutional Statutes Affected
Family Code
Chapter 261. Investigation Of Report Of Child Abuse Or Neglect
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.
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.
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.
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.
Relating to the transfer of authority regarding the review and resolution of complaints against the Department of Family and Protective Services to the Health and Human Services Commission's office of inspector general.