89R9402 AMF-D
 
  By: Curry H.B. No. 4942
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain services and interventions ordered in a suit
  affecting a parent-child relationship and to certain judicial
  training requirements.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 153.004, Family Code, is amended by
  adding Subsection (f-1) to read as follows:
         (f-1)  The court may not require a party or a child to
  participate in a service or intervention related to family violence
  or child abuse or neglect unless:
               (1)  the service or intervention is evidence-based; and
               (2)  there is generally accepted proof of the
  effectiveness, therapeutic value, and physical and psychological
  safety of the service or intervention.
         SECTION 2.  Section 153.010(a), Family Code, is amended to
  read as follows:
         (a)  If the court finds at the time of a hearing that the
  parties have a history of conflict in resolving an issue of
  conservatorship or possession of or access to the child, the court
  may order a party to:
               (1)  participate in counseling with a mental health
  professional who:
                     (A)  has a background in family therapy;
                     (B)  has a mental health license that requires as
  a minimum a master's degree; and
                     (C)  has training in family [domestic] violence or
  child abuse and neglect if the court determines that the training is
  relevant to the type of counseling needed; and
               (2)  pay the cost of counseling.
         SECTION 3.  Section 22.011(d), Government Code, is amended
  to read as follows:
         (d)  The instruction must be evidence-based and 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)  methods for evaluating the validity of a service
  or intervention to address child abuse or neglect or family
  violence that may be ordered by the court in a suit affecting the
  parent-child relationship under Title 5, Family Code, to ensure the
  service or intervention is effective, has therapeutic value, and is
  physically and psychologically safe.
         SECTION 4.  Section 22.110(d), Government Code, is amended
  to read as follows:
         (d)  The instruction must be evidence-based and 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 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;
               (12)  medical findings regarding physical abuse,
  sexual abuse, trafficking of persons, and child abuse and neglect;
  [and]
               (13)  dynamics of family violence; and 
               (14)  methods for evaluating the validity of a service
  or intervention to address family violence or child abuse or
  neglect that may be ordered by the court in a suit affecting the
  parent-child relationship under Title 5, Family Code, to ensure the
  service or intervention is effective, has therapeutic value, and is
  physically and psychologically safe.
         SECTION 5.  The changes in law made by this Act to Chapter
  153, Family Code, apply to a suit affecting the parent-child
  relationship that is pending in a trial court on the effective date
  of this Act or that is filed on or after the effective date of this
  Act.
         SECTION 6.  (a)  As soon as practicable after the effective
  date of this Act, the Supreme Court of Texas shall adopt the rules
  necessary to provide the training required under Section 22.011,
  Government Code, as amended by this Act.
         (b)  As soon as practicable after the effective date of this
  Act, the Texas Court of Criminal Appeals shall adopt the rules
  necessary to provide the training required under Section 22.110,
  Government Code, as amended by this Act.
         SECTION 7.  This Act takes effect September 1, 2025.