SENATE BILL 361

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Michael Padilla

 

 

 

 

 

AN ACT

RELATING TO CHILDREN; REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO ISSUE A REQUEST FOR PROPOSALS AND CONTRACT WITH AN INDEPENDENT EXPERT TO ASSESS THE DEPARTMENT'S PROGRAMMATIC PERFORMANCE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] PROGRAM PERFORMANCE AUDIT--REQUIREMENTS.--

          A. The children, youth and families department shall issue a request for competitive sealed proposals for an independent, multiyear performance audit of the department's programs. The request for proposals shall specify the:

                (1) qualifications of the performance auditor;

                (2) goals and objectives of the procurement;

                (3) scope of work, which shall:

                     (a) consider the department's capacity and ability to function effectively, efficiently, economically, ethically and equitably;

                     (b) include performance audit objectives;

                     (c) require an evaluation of the efficacy of the department's mission and the established goals and objectives to carry out that mission and how well department policies and practices relate to department mission goals and objectives;

                     (d) require a review of the applicability and sufficiency of the department's policies and practices as they relate to the department's mission;

                     (e) evaluate the commitment of department management and staff to follow policies and procedures;

                     (f) evaluate the strengths and weaknesses of department processes, procedures and policies;

                     (g) evaluate the department's management of human resources, including a review of the accuracy of job descriptions and the qualifications of job holders to perform the described jobs;

                     (h) evaluate the department's collection and analysis of data and the use of data to inform the development of policies and practices;

                     (i) include the required provision of three annual performance audits with three annual six-month reviews of earlier identified problem areas, a review of the department's implementation of recommendations made by the auditor and other requirements specified by the department; and

                     (j) include the requirement for annual and semiannual reports to the department;

                (4) evaluation factors the department will use to score proposals; and

                (5) other provisions required by the Procurement Code for professional services and competitive sealed proposals.

          B. Records of proposals submitted pursuant to Subsection A of this section shall remain confidential until the contract is awarded.

          C. If the performance audit at any stage indicates the need for a special financial audit, the performance auditor shall notify the secretary of children, youth and families, and the secretary shall cooperate with the state auditor in the conduct of the special financial audit.

          D. The children, youth and families department shall transmit annual performance audit and interim review reports to the governor, the legislative finance committee and the legislative health and human services committee within fifteen days of the performance auditor's submission to the secretary of children, youth and families. Reports shall not contain confidential information or data that identifies individual clients or their families.

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