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A BILL TO BE ENTITLED
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AN ACT
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relating to an external audit of abuse or neglect investigations |
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conducted by the Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 261, Family Code, is |
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amended by adding Section 261.3092 to read as follows: |
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Sec. 261.3092. EXTERNAL AUDIT OF DEPARTMENT ABUSE OR |
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NEGLECT INVESTIGATIONS. (a) If in any year the number of filed |
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complaints relating to abuse or neglect investigations the |
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department conducts equals or exceeds 15 percent of the total |
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number of investigations the department conducts during that year, |
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the department shall select an external auditor to conduct an audit |
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of the department's investigative procedures. The external auditor |
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shall be independent and is not subject to direction from the |
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department. |
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(b) An audit conducted under Subsection (a) must: |
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(1) determine the number of abuse or neglect reports |
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the department received during four randomly selected months of the |
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one-year period immediately preceding the audit, and the number of |
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abuse or neglect reports for which the department conducted an |
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investigation; |
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(2) determine, if the department did not conduct an |
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investigation in response to a report of abuse or neglect, the |
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reason for the department's decision not to conduct an |
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investigation in response to the report; |
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(3) assess any deficiencies in the department's |
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response to reports of abuse or neglect, including failure to |
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conduct an investigation when an investigation was warranted; |
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(4) assess the department's compliance with reporting |
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and investigation procedures for reports of abuse or neglect; |
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(5) make recommendations regarding any necessary |
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revisions to the department's reporting and investigation |
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procedures for reports of abuse or neglect, including revisions |
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necessary to correct deficiencies in the department's response to |
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reports of abuse or neglect; and |
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(6) make recommendations regarding any other changes |
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for the department to implement, including workforce or |
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organizational improvements or additional training. |
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(c) The department shall pay the costs associated with an |
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audit conducted under this section using existing resources. |
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(d) The auditor shall submit an audit report containing the |
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information described by Subsection (b) to the department, the |
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legislature, and the governor. |
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(e) The department shall develop a plan to address all |
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concerns identified in the audit report and implement all |
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recommendations from the audit report not later than the 90th day |
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after the date the audit report is submitted to the department under |
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Subsection (d). |
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(f) If the audit report indicates any individual department |
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employee received complaints in 30 percent or more of the audited |
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investigations the employee conducted, the department shall |
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conduct an employment review to investigate the validity of the |
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complaints. |
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(g) If the legislature or the governor determines the |
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department failed to address the concerns identified in the audit |
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report and implement the recommendations of the audit report before |
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the end of the 15th working day after the date the department |
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develops the plan under Subsection (e), the department not later |
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than the 30th day after the date the legislature or the governor |
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makes the determination shall: |
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(1) engage the same auditor to conduct an additional |
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audit under this section; or |
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(2) if the same auditor is unable to perform the audit, |
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select another external auditor to conduct the additional audit. |
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SECTION 2. This Act takes effect on the 91st day after the |
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last day of the legislative session. |