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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 investigations conducted by the |
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Department of Family and Protective Services; authorizing a civil |
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penalty. |
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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 |
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INVESTIGATIONS. (a) If the number of complaints filed relating to |
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abuse or neglect investigations conducted by the department |
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annually is equal to 15 percent or more of the total number of |
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investigations conducted by the department during that year, the |
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department shall select an external auditor to conduct an audit of |
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the department's investigative procedures. The external auditor |
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shall be independent and not subject to direction from the |
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department. |
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(b) An audit under Subsection (a) must: |
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(1) determine the number of reports of abuse or |
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neglect the department received during the 30-day period |
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immediately preceding the audit, and the number of reports of abuse |
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or neglect for which the department conducted an 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 the department did not conduct an investigation in response |
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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 procedures |
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relating to the reporting and investigation of reports of abuse or |
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neglect; |
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(5) make recommendations regarding any necessary |
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revisions to the department's procedures relating to the reporting |
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and investigation of reports of abuse or neglect, including |
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revisions necessary to correct deficiencies in the department's |
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response to reports of abuse or neglect; and |
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(6) make recommendations regarding any other changes |
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to be implemented by the department, 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 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 under 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 and implement all recommendations from the audit not later |
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than the 90th day after receiving the audit report under Subsection |
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(b). |
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(f) If the legislature or the governor determines the |
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department has failed to address the concerns and implement the |
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recommendations of the audit report under Subsection (b) before the |
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end of the 15th working day after the date the department develops |
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the plan under Subsection (e), the department shall be liable for a |
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penalty of $500 and must select an external auditor to conduct an |
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additional audit under this section not later than the 30th day |
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after the date the legislature or the governor makes the |
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determination. |
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SECTION 2. This Act takes effect September 1, 2023. |