| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to required training regarding trauma-informed care for |
|
|
certain judges and attorneys. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 264, Family Code, is |
|
|
amended by adding Section 264.016 to read as follows: |
|
|
Sec. 264.016. TRAINING RELATED TO TRAUMA-INFORMED CARE. |
|
|
(a) The department shall ensure that each attorney who the |
|
|
department employs or contracts with to represent the state in a |
|
|
suit filed by a governmental entity under this subtitle seeking |
|
|
termination of the parent-child relationship or the appointment of |
|
|
a conservator for the child completes a training program regarding |
|
|
trauma-informed care and the effect of trauma on children in the |
|
|
conservatorship of the department. |
|
|
(b) An attorney shall complete the training required by this |
|
|
section before the attorney may represent the state in a suit |
|
|
described by Subsection (a). |
|
|
(c) The training required by this section must include |
|
|
information regarding: |
|
|
(1) the symptoms of trauma and the impact that trauma |
|
|
has on a child, including how trauma may affect a child's |
|
|
development, emotions, memories, behavior, and decision-making; |
|
|
(2) attachment and how a lack of attachment may affect |
|
|
a child; |
|
|
(3) the role that trauma-informed care and services |
|
|
can have in a child's ability to build connections, feel safe, and |
|
|
regulate the child's emotions to help the child build resiliency |
|
|
and overcome the effects of trauma and adverse childhood |
|
|
experiences; |
|
|
(4) the importance of screening children for trauma |
|
|
and the risk of mislabeling and inappropriate treatment of children |
|
|
without proper screening, including the risk associated with |
|
|
increasing the use of psychotropic medication; |
|
|
(5) the potential for re-traumatization of children in |
|
|
the conservatorship of the department; and |
|
|
(6) the availability of: |
|
|
(A) research-supported, trauma-informed, |
|
|
non-pharmacological interventions; and |
|
|
(B) trauma-informed advocacy to increase a |
|
|
child's access, while the child is in the conservatorship of the |
|
|
department, to: |
|
|
(i) trauma-informed care; and |
|
|
(ii) trauma-informed mental and behavioral |
|
|
health services. |
|
|
SECTION 2. Section 22.011, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 22.011. JUDICIAL INSTRUCTION RELATED TO FAMILY |
|
|
VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, CHILDHOOD |
|
|
TRAUMA, AND CHILD ABUSE. (a) The supreme court shall provide |
|
|
judicial training related to the problems of family violence, |
|
|
sexual assault, trafficking of persons, childhood trauma, and child |
|
|
abuse and to issues concerning sex offender characteristics. |
|
|
(d) The instruction must include information about: |
|
|
(1) statutory and case law relating to videotaping a |
|
|
child's testimony and relating to competency of children to |
|
|
testify; |
|
|
(2) methods for eliminating the trauma to the child |
|
|
caused by the court process; |
|
|
(3) case law, statutory law, and procedural rules |
|
|
relating to family violence, sexual assault, trafficking of |
|
|
persons, and child abuse; |
|
|
(4) methods for providing protection for victims of |
|
|
family violence, sexual assault, trafficking of persons, or child |
|
|
abuse; |
|
|
(5) available community and state resources for |
|
|
counseling and other aid to victims and to offenders; |
|
|
(6) gender bias in the judicial process; |
|
|
(7) dynamics and effects of being a victim of family |
|
|
violence, sexual assault, trafficking of persons, or child abuse; |
|
|
[and] |
|
|
(8) issues concerning sex offender characteristics; |
|
|
and |
|
|
(9) issues related to childhood trauma and adverse |
|
|
childhood experiences. |
|
|
SECTION 3. The heading to Section 22.110, Government Code, |
|
|
is amended to read as follows: |
|
|
Sec. 22.110. JUDICIAL TRAINING [INSTRUCTION] RELATED TO |
|
|
FAMILY VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, CHILDHOOD |
|
|
TRAUMA, AND CHILD ABUSE AND NEGLECT. |
|
|
SECTION 4. Section 22.110, Government Code, is amended by |
|
|
amending Subsections (a), (b), and (d) and adding Subsection (d-2) |
|
|
to read as follows: |
|
|
(a) The court of criminal appeals shall assure that judicial |
|
|
training related to the problems of family violence, sexual |
|
|
assault, trafficking of persons, childhood trauma, and child abuse |
|
|
and neglect is provided. |
|
|
(b) The court of criminal appeals shall adopt the rules |
|
|
necessary to accomplish the purposes of this section. The rules |
|
|
must: |
|
|
(1) require each district judge, judge of a statutory |
|
|
county court, associate judge appointed under Chapter 54A of this |
|
|
code or Chapter 201, Family Code, master, referee, and magistrate |
|
|
to complete at least 12 hours of the training within the judge's |
|
|
first term of office or the judicial officer's first four years of |
|
|
service that includes: |
|
|
(A) at [and provide a method for certification of |
|
|
completion of that training. At] least four hours of [the] training |
|
|
that: |
|
|
(i) is [must be] dedicated to issues |
|
|
related to trafficking of persons and child abuse and neglect; and |
|
|
(ii) covers [must cover] at least two of the |
|
|
topics described in Subsections (d)(8)-(13); |
|
|
(B) at [(d)(8)-(12). At] least six hours of [the] |
|
|
training [must be] dedicated to the training described by |
|
|
Subsections (d)(5), (6), and (7); and |
|
|
(C) for a judge of a court with jurisdiction over |
|
|
cases involving children in the conservatorship of the Department |
|
|
of Family and Protective Services or children in the juvenile |
|
|
justice system, at least three hours of training dedicated to the |
|
|
training described by Subsection (d)(13); |
|
|
(2) provide a method for certifying the completion of |
|
|
the training described by Subdivision (1); |
|
|
(3) [. The rules must] require each judge and judicial |
|
|
officer to complete an additional five hours of training during |
|
|
each additional term in office or four years of service, including: |
|
|
(A) at[. At] least two hours of [the additional] |
|
|
training [must be] dedicated to issues related to trafficking of |
|
|
persons and child abuse and neglect; and |
|
|
(B) for a judge of a court with jurisdiction over |
|
|
cases involving children in the conservatorship of the Department |
|
|
of Family and Protective Services or children in the juvenile |
|
|
justice system, at least one hour of training dedicated to the |
|
|
training described by Subsection (d)(13); and |
|
|
(4) [.The rules must] exempt from the training |
|
|
requirement of this subsection each judge or judicial officer who |
|
|
files an affidavit stating that the judge or judicial officer does |
|
|
not hear any cases involving family violence, sexual assault, |
|
|
trafficking of persons, childhood trauma, or child abuse and |
|
|
neglect. |
|
|
(d) The instruction must include information about: |
|
|
(1) statutory and case law relating to videotaping a |
|
|
child's testimony and relating to competency of children to |
|
|
testify; |
|
|
(2) methods for eliminating the trauma to the child |
|
|
caused by the court process; |
|
|
(3) case law, statutory law, and procedural rules |
|
|
relating to family violence, sexual assault, trafficking of |
|
|
persons, and child abuse and neglect; |
|
|
(4) methods for providing protection for victims of |
|
|
family violence, sexual assault, trafficking of persons, and child |
|
|
abuse and neglect; |
|
|
(5) available community and state resources for |
|
|
counseling and other aid to victims and to offenders; |
|
|
(6) gender bias in the judicial process; |
|
|
(7) dynamics and effects of being a victim of family |
|
|
violence, sexual assault, trafficking of persons, or child abuse |
|
|
and neglect; |
|
|
(8) dynamics of sexual abuse of children, including |
|
|
child abuse accommodation syndrome and grooming; |
|
|
(9) impact of substance abuse on an unborn child and on |
|
|
a person's ability to care for a child; |
|
|
(10) issues of attachment and bonding between children |
|
|
and caregivers; |
|
|
(11) issues of child development that pertain to |
|
|
trafficking of persons and child abuse and neglect; [and] |
|
|
(12) medical findings regarding physical abuse, |
|
|
sexual abuse, trafficking of persons, and child abuse and neglect; |
|
|
and |
|
|
(13) childhood trauma and adverse childhood |
|
|
experiences described by Subsection (d-2). |
|
|
(d-2) The training on childhood trauma and adverse |
|
|
childhood experiences under Subsection (d)(13) must include |
|
|
information regarding: |
|
|
(1) the symptoms of trauma and the impact that trauma |
|
|
has on a child, including how trauma may affect a child's |
|
|
development, emotions, memories, behavior, and decision-making; |
|
|
(2) attachment and how a lack of attachment may affect |
|
|
a child; |
|
|
(3) the role that trauma-informed care and services |
|
|
can have in a child's ability to build connections, feel safe, and |
|
|
regulate the child's emotions to help the child build resiliency |
|
|
and overcome the effects of trauma and adverse childhood |
|
|
experiences; |
|
|
(4) the importance of screening children for trauma |
|
|
and the risk of mislabeling and inappropriate treatment of children |
|
|
without proper screening, including the risk associated with |
|
|
increasing the use of psychotropic medication; |
|
|
(5) the potential for re-traumatization of children in |
|
|
the conservatorship of the Department of Family and Protective |
|
|
Services; and |
|
|
(6) the availability of: |
|
|
(A) research-supported, trauma-informed, |
|
|
non-pharmacological interventions; and |
|
|
(B) trauma-informed advocacy to increase a |
|
|
child's access, while the child is in the conservatorship of the |
|
|
Department of Family and Protective Services, to: |
|
|
(i) trauma-informed care; and |
|
|
(ii) trauma-informed mental and behavioral |
|
|
health services. |
|
|
SECTION 5. (a) A judge or judicial officer who is in office |
|
|
on the effective date of this Act must complete the training |
|
|
required by Section 22.110(b)(1)(C), Government Code, as added by |
|
|
this Act, not later than December 1, 2023. |
|
|
(b) An attorney employed by or under contract with the |
|
|
Department of Family and Protective Services on the effective date |
|
|
of this Act to represent the state in a suit filed by a governmental |
|
|
entity under Subtitle E, Title 5, Family Code, seeking termination |
|
|
of the parent-child relationship or the appointment of a |
|
|
conservator for the child, must complete the training required by |
|
|
Section 264.016, Family Code, as added by this Act, not later than |
|
|
September 1, 2022. |
|
|
SECTION 6. This Act takes effect September 1, 2021. |