H. B. 2878
By Delegates Douglas, Collins, Tucker, Prunty, Claypole,
Stalnaker and Capito
[Originating in the Committee on Government Organization]
[April 1, 1997]

A BILL to create section four, article six-d, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, requiring the department of health and human resources to conduct detailed performance audits.

Be it enacted by the Legislature of West Virginia:
That section four, article six-d, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, be created to read as follows:

§49-6D-4. Performance auditing.

It shall be the duty of the secretary of health and human resources to conduct biennial performance audits of its child protective services program and each local or county child protective services office in accordance with generally accepted government auditing standards as promulgated by the federal general accounting office. The performance audits shall include, but shall not be limited to, matters of efficiency and effectiveness as related to the purpose and intent provided in section two of this article. Any statistical samples which are to be included in the performance audit report, shall include a sufficient number of observations to assure at least a ninety- five percent level of significance and sample observations shall be selected at random. The audit scope shall include, but shall not be limited to, child protective services activities having occurred in the thirty months preceding the date by which the report is to be submitted. The secretary of health and human resources shall submit copies of the biennial report detailing audit findings and action plans necessary to reconcile any problems identified as follows:
(A) One copy shall be provided to the governor;
(B) Thirty copies shall be provided to the joint committee on government operations; and as public information,;
(C) One copy shall be provided to each the state library commission and all public libraries of the state.
The report shall be submitted to the governor and the joint committee on government operations by the first day of May, but not before the twentieth day of April , the first of which shall be due in the year one-thousand nine-hundred ninety-nine. All final audit reports are public information and must be provided to any member of the public in accordance with chapter twenty- nine B of this code. Failure of the secretary of health and human resources to comply with the provisions of this section is neglect of duty and cause for removal from office subject to the provisions of section ten, article seven of the constitution of the state.

NOTE: The purpose of this bill is to require the department of health and human resources to conduct detailed performance audits of its child protective services program and each local and county child protective services office .