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.