Bill Text: TX HB31 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to an external audit of abuse or neglect investigations conducted by the Department of Family and Protective Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-10-06 - Filed [HB31 Detail]
Download: Texas-2023-HB31-Introduced.html
| 88S30025 AMF-D | ||
| By: Gervin-Hawkins | H.B. No. 31 | |
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| 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. | ||
