Texas HB 31 (2023, Third Called Session): Outside Audits of CPS Investigations (Did Not Pass)

This bill is not law. It did not pass. It was filed on October 6, 2023, during the 88th Legislature's third called (special) session, and filing is the only action in its official history Texas Legislature Online, History for 88(3) HB 31.

The short answer

HB 31 would have required DFPS to bring in an independent outside auditor to review its abuse and neglect investigations in any year when complaints about those investigations reached 15 percent of all investigations. The bill was filed but never sent to a committee or voted on. It died when the session ended Legislative Reference Library of Texas, What's Next? Post-Session FAQ, 89th R.S..

How far it got

• Filed: October 6, 2023, in the 88th Legislature's third called session Texas Legislature Online, History for 88(3) HB 31.
• Stopped: The official history lists no committee referral, hearing, or vote.

What it would have changed

These points come from the bill as filed 88(3) HB 31, Introduced text.

When an audit would start. If complaints about DFPS abuse or neglect investigations in a year equaled or exceeded 15 percent of all the investigations DFPS did that year, DFPS would have had to pick an external auditor. The auditor would have been independent and not take direction from DFPS.

What the audit would cover. The audit would have:

• counted the reports DFPS received during four randomly chosen months of the prior year, and how many it investigated;
• found the reasons when DFPS chose not to investigate a report;
• looked for problems in how DFPS responded to reports, including not investigating when an investigation was warranted;
• checked whether DFPS followed its reporting and investigation procedures; and
• made recommendations, including on staffing, organization, or training.

Who pays and who sees it. DFPS would have paid for the audit from existing resources. The report would have gone to DFPS, the legislature, and the governor.

Follow-up. DFPS would have had to make a plan and carry out all the recommendations within 90 days of getting the report. If any employee drew complaints in 30 percent or more of the audited investigations that employee handled, DFPS would have had to do an employment review to look into whether the complaints were valid. If the legislature or the governor found that DFPS had not addressed the audit, DFPS would have had to arrange another audit.

Which laws it affects

• Texas Family Code chapter 261. The bill would have added a new Section 261.3092 88(3) HB 31, Introduced text.
• What the law offers now. Because the bill did not pass, nothing changed. Current law already requires rules for resolving complaints about, and reviewing, DFPS child abuse or neglect investigations Tex. Fam. Code §261.309(a).

Related

• The Texas CPS Investigation Process, Step by Step (Family Code §§261.301–261.302)
• CPS Investigation Findings in Texas: Reason to Believe, Ruled Out and More
• How to Ask for an ARIF (Administrative Review of CPS Findings) in Texas
• The 2027 Texas Legislature (90th): When CPS Bills Can Be Filed