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.