Complaints Hit 15 Percent? Gervin-Hawkins Bill Orders An Outside Audit

The text as introduced · 546 words

89R3731 AMF-D

By: Gervin-Hawkins
H.B. No. 534

A BILL TO BE ENTITLED

AN ACT

relating to an external audit of 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

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 four randomly selected

months during the one-year 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

(d).

(f) If the audit report under Subsection (d) indicates that

any individual department employee has received complaints in 30

percent or more of the audited investigations the employee has

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 has failed to address the concerns and implement the

recommendations of the audit report under Subsection (d) before the

end of the 15th working day after the date the department develops

the plan under Subsection (e), the department shall engage the same

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, unless the auditor is unable to perform

the audit, in which case the department shall select another

external auditor to conduct the audit.

SECTION 2. This Act takes effect September 1, 2025.