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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring evidence-based trauma training for certain |
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attorneys, court-appointed volunteer advocates, child-care |
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workers, and child protective services employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 107.004(b-1), Family Code, is amended to |
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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) complete evidence-based trauma training, |
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including instruction regarding the practical application of the |
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training to the duties of an attorney ad litem. |
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SECTION 2. Section 107.0131(a), Family Code, is amended to |
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read as follows: |
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(a) An attorney ad litem appointed under Section 107.013 to |
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represent the interests of a parent: |
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(1) shall: |
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(A) subject to Rules 4.02, 4.03, and 4.04, Texas |
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Disciplinary Rules of Professional Conduct, and within a reasonable |
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time after the appointment, interview: |
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(i) the parent, unless the parent's |
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location is unknown; |
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(ii) each person who has significant |
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knowledge of the case; and |
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(iii) the parties to the suit; |
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(B) investigate the facts of the case; |
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(C) to ensure competent representation at |
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hearings, mediations, pretrial matters, and the trial on the |
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merits: |
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(i) obtain and review copies of all court |
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files in the suit during the attorney ad litem's course of |
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representation; and |
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(ii) when necessary, conduct formal |
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discovery under the Texas Rules of Civil Procedure or the discovery |
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control plan; |
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(D) take any action consistent with the parent's |
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interests that the attorney ad litem considers necessary to |
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expedite the proceedings; |
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(E) encourage settlement and the use of |
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alternative forms of dispute resolution; |
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(F) review and sign, or decline to sign, a |
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proposed or agreed order affecting the parent; |
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(G) meet before each court hearing with the |
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parent, unless the court: |
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(i) finds at that hearing that the attorney |
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ad litem has shown good cause why the attorney ad litem's compliance |
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is not feasible; or |
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(ii) on a showing of good cause, authorizes |
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the attorney ad litem to comply by conferring with the parent, as |
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appropriate, by telephone or video conference; |
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(H) abide by the parent's objectives for |
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representation; |
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(I) become familiar with the American Bar |
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Association's standards of practice for attorneys who represent |
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parents in abuse and neglect cases; [and] |
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(J) complete at least three hours of continuing |
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legal education relating to representing parents in child |
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protection cases as described by Subsection (b) as soon as |
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practicable after the attorney ad litem is appointed, unless the |
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court finds that the attorney ad litem has experience equivalent to |
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that education; and |
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(K) complete evidence-based trauma training, |
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including instruction regarding the practical application of the |
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training to the duties of an attorney ad litem; and |
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(2) is entitled to: |
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(A) request clarification from the court if the |
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role of the attorney ad litem is ambiguous; |
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(B) request a hearing or trial on the merits; |
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(C) consent or refuse to consent to an interview |
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of the parent by another attorney; |
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(D) receive a copy of each pleading or other |
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paper filed with the court; |
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(E) receive notice of each hearing in the suit; |
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(F) participate in any case staffing conducted by |
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the Department of Family and Protective Services in which the |
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parent is invited to participate, including, as appropriate, a case |
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staffing to develop a family plan of service, a family group |
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conference, a permanency conference, a mediation, a case staffing |
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to plan for the discharge and return of the child to the parent, and |
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any other case staffing that the department determines would be |
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appropriate for the parent to attend, but excluding any internal |
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department staffing or staffing between the department and the |
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department's legal representative; and |
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(G) attend all legal proceedings in the suit. |
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SECTION 3. Subchapter G, Chapter 264, Family Code, is |
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amended by adding Section 264.615 to read as follows: |
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Sec. 264.615. TRAUMA TRAINING REQUIRED. The executive |
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commissioner by rule shall require an employee or volunteer of a |
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court-appointed volunteer advocate program to receive |
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evidence-based trauma training that: |
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(1) is designed to prepare the employee or volunteer |
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to meet the routine needs of children who have experienced trauma by |
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helping the child feel safe, build relationships, and learn to |
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regulate the child's emotions; and |
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(2) includes instruction regarding the practical |
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application of the training to the employee's or volunteer's |
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duties. |
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SECTION 4. Subchapter B, Chapter 40, Human Resources Code, |
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is amended by adding Section 40.036 to read as follows: |
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Sec. 40.036. TRAUMA TRAINING REQUIREMENT FOR CHILD |
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PROTECTIVE SERVICES EMPLOYEES. (a) The department shall ensure |
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that each child protective services employee receives |
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evidence-based trauma training that: |
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(1) is designed to prepare the employee to meet the |
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routine needs of children who have experienced trauma by helping |
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the child feel safe, build relationships, and learn to regulate the |
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child's emotions; and |
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(2) includes instruction regarding the practical |
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application of the training to the employee's duties. |
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(b) The executive commissioner shall review the training |
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developed and adopted under this section and shall update the |
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subject matter contained in the training at least every two years. |
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(c) The executive commissioner shall adopt rules necessary |
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to implement this section, including a definition of trauma, using |
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a negotiated rulemaking process under Chapter 2008, Government |
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Code. |
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SECTION 5. Section 42.0421, Human Resources Code, is |
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amended by adding Subsection (e-1) to read as follows: |
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(e-1) The minimum training standards prescribed by the |
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executive commissioner under Section 42.042(p) for an owner, |
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operator, or employee of a residential child-care facility must |
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include evidence-based trauma training that: |
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(1) is designed to prepare the owner, operator, or |
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employee to meet the routine needs of children who have experienced |
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trauma by helping the child feel safe, build relationships, and |
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learn to regulate the child's emotions; and |
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(2) includes instruction regarding the practical |
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application of the training to the person's duties. |
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SECTION 6. This Act takes effect September 1, 2017. |