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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring trauma training for certain attorneys. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 107.004, Family Code, is amended by |
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amending Subsection (b-1) and adding Subsections (b-2), (b-3), and |
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(b-4) to read as follows: |
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(b-1) An attorney who is on the list maintained by the court |
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as being qualified for appointment as an attorney ad litem for a |
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child in a child protection case must: |
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(1) complete at least three hours of continuing legal |
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education relating to the representation of a child in a proceeding |
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under Subtitle E each year before the anniversary date of the |
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attorney's listing; and |
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(2) provide proof that the attorney has completed a |
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training program regarding trauma-informed care and the effect of |
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trauma on children in the conservatorship of the Department of |
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Family and Protective Services. |
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(b-2) The training described by Subsection (b-1)(2) may |
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satisfy the training requirement under Subsection (b-1)(1) in a |
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year in which an attorney completes the training. |
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(b-3) An attorney described by Subsection (b-1) shall |
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complete the training required by Subsection (b-1)(2) as soon as |
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practicable after the attorney is placed on the list described by |
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Subsection (b-1). |
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(b-4) The training required by Subsection (b-1)(2) must be |
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designed to educate an attorney regarding the attorney's duty under |
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Subsection (d-3) and include information regarding: |
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(1) the symptoms of trauma and the impact that trauma |
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has on a child, including how trauma may affect a child's |
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development, emotions, memories, behavior, and decision-making; |
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(2) attachment and how a lack of attachment may affect |
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a child; |
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(3) the role that trauma-informed care and services |
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can have in a child's ability to build connections, feel safe, and |
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regulate the child's emotions to help the child build resiliency |
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and overcome the effects of trauma and adverse childhood |
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experiences; |
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(4) the importance of screening children for trauma |
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and the risk of mislabeling and inappropriate treatment of children |
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without proper screening, including the risk associated with |
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increasing the use of psychotropic medication; |
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(5) the potential for re-traumatization of children in |
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the conservatorship of the Department of Family and Protective |
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Services; and |
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(6) the availability of: |
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(A) research-supported, trauma-informed, |
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non-pharmacological interventions; and |
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(B) trauma-informed advocacy to increase a |
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child's access, while the child is in the conservatorship of the |
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Department of Family and Protective Services, to: |
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(i) trauma-informed care; and |
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(ii) trauma-informed mental and behavioral |
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health services. |
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SECTION 2. An attorney who is on the list maintained by a |
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court as being qualified for appointment as an attorney ad litem for |
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a child in a child protection case on the effective date of this Act |
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shall complete the training required by Section 107.004(b-1)(2), |
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Family Code, as added by this Act, not later than September 1, 2022. |
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SECTION 3. This Act takes effect September 1, 2021. |