Bill Text: TX HB4163 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to an external audit of investigations conducted by the Department of Family and Protective Services; authorizing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-04-25 - Left pending in committee [HB4163 Detail]
Download: Texas-2023-HB4163-Introduced.html
88R14241 AMF-D | ||
By: Gervin-Hawkins | H.B. No. 4163 |
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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. |