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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. |
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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 supreme court shall adopt rules to provide for the |
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training required under Subsection (b-1)(2). In adopting the |
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rules, the court shall consult with the Texas Center for the |
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Judiciary, the Supreme Court of Texas Permanent Judicial Commission |
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for Children, Youth and Families, and the Child Protection Law |
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Section of the State Bar of Texas. |
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(b-3) An attorney shall complete the training required by |
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this section before the attorney may be appointed as an attorney ad |
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litem for a child in a child protection case. |
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(b-4) The training required by Subsection (b-1)(2) must |
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include 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. 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 107.004(b-1)(2) toward the minimum |
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continuing legal education requirements of the state bar for the |
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reporting year in which the training is completed. |
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SECTION 3. (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 107.004(b-1)(2), Family Code, as added |
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by this Act. |
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(b) An attorney who is on the list maintained by a court as |
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being qualified for appointment as an attorney ad litem for a child |
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in a child protection case on the effective date of this Act shall |
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complete the training required by Section 107.004(b-1)(2), Family |
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Code, as added by this Act, not later than September 1, 2020. |
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SECTION 4. This Act takes effect September 1, 2019. |