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A BILL TO BE ENTITLED
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AN ACT
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relating to required training regarding trauma-informed care for |
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certain judges and attorneys. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 22, Government Code, is |
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amended by adding Section 22.0111 to read as follows: |
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Sec. 22.0111. TRAINING RELATED TO TRAUMA-INFORMED CARE. |
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(a) Each attorney representing the state in a suit filed by a |
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governmental entity under Subtitle E, Title 5, Family Code, seeking |
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termination of the parent-child relationship or the appointment of |
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a conservator for the child, each judge of a court with jurisdiction |
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over such suits, and each associate judge appointed under |
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Subchapter C, Chapter 201, Family Code, shall, as an official duty, |
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complete a training program regarding trauma-informed care and the |
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effect of trauma on children in the conservatorship of the |
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Department of Family and Protective Services. |
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(b) The supreme court shall adopt rules to provide for the |
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training required under this section. In adopting the rules, the |
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court shall consult with the Texas Center for the Judiciary, the |
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Supreme Court of Texas Permanent Judicial Commission for Children, |
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Youth, and Families, and the Child Protection Law Section of the |
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State Bar of Texas. |
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(c) Not later than the first anniversary of the date a judge |
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takes office or the date an associate judge is appointed and |
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qualifies for office, the judge or associate judge shall complete |
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the training required by this section. |
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(d) An attorney shall complete the training required by this |
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section before the attorney may represent the state in a suit |
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described by Subsection (a). |
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(e) The training required by this section must include |
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information regarding: |
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(1) the impact that trauma has on a child, including |
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how trauma may affect a child's memories, behavior, and |
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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 helping a child build resiliency and overcome the |
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effects of trauma and adverse childhood 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 increasing the use of |
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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. Section 22.110, Government Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) A judge or associate judge who completes the training |
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required by Section 22.0111 may count the hours of training |
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completed under that section to satisfy the training requirement of |
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Subsection (b). |
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SECTION 3. Subchapter H, Chapter 81, Government Code, is |
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amended by adding Section 81.1131 to read as follows: |
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Sec. 81.1131. CONTINUING LEGAL EDUCATION CREDIT. The state |
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bar shall count the hours of training an attorney licensed in this |
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state completes under Section 22.0111 toward the minimum continuing |
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legal education requirements of the state bar for the reporting |
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year in which the training is completed. |
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SECTION 4. Subchapter B, Chapter 40, Human Resources Code, |
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is amended by adding Section 40.044 to read as follows: |
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Sec. 40.044. TRAINING FOR ATTORNEYS. The department shall |
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ensure that each attorney who represents the department in a suit |
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affecting the parent-child relationship filed under Subtitle E, |
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Title 5, Family Code, receives the training required by Section |
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22.0111, Government Code. |
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SECTION 5. (a) Not later than December 1, 2019, the Supreme |
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Court of Texas shall adopt the rules necessary to provide the |
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training required by Section 22.0111, Government Code, as added by |
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this Act. |
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(b) A judge who is in office on the effective date of this |
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Act must complete the training required by Section 22.0111, |
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Government Code, as added by this Act, not later than September 1, |
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2020. |
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SECTION 6. This Act takes effect September 1, 2019. |