Bill Text: TX HB1637 | 2019-2020 | 86th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to required training regarding trauma-informed care for certain judges and attorneys.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-05-06 - Committee report sent to Calendars [HB1637 Detail]

Download: Texas-2019-HB1637-Introduced.html

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86R5121 MM-F
By: Miller H.B. No. 1637

A BILL TO BE ENTITLED
AN ACT
relating to required training regarding trauma-informed care for
certain judges and attorneys.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 22, Government Code, is
amended by adding Section 22.0111 to read as follows:
Sec. 22.0111. TRAINING RELATED TO TRAUMA-INFORMED CARE.
(a) Each attorney representing the state in a suit filed by a
governmental entity under Subtitle E, Title 5, Family Code, seeking
termination of the parent-child relationship or the appointment of
a conservator for the child, each judge of a court with jurisdiction
over such suits, and each associate judge appointed under
Subchapter C, Chapter 201, Family Code, shall, as an official duty,
complete a training program regarding trauma-informed care and the
effect of trauma on children in the conservatorship of the
Department of Family and Protective Services.
(b) The supreme court shall adopt rules to provide for the
training required under this section. In adopting the rules, the
court shall consult with the Texas Center for the Judiciary, the
Supreme Court of Texas Permanent Judicial Commission for Children,
Youth, and Families, and the Child Protection Law Section of the
State Bar of Texas.
(c) Not later than the first anniversary of the date a judge
takes office or the date an associate judge is appointed and
qualifies for office, the judge or associate judge shall complete
the training required by this section.
(d) An attorney shall complete the training required by this
section before the attorney may represent the state in a suit
described by Subsection (a).
(e) The training required by this section must include
information regarding:
(1) the impact that trauma has on a child, including
how trauma may affect a child's memories, behavior, and
decision-making;
(2) attachment and how a lack of attachment may affect
a child;
(3) the role that trauma-informed care and services
can have in helping a child build resiliency and overcome the
effects of trauma and adverse childhood experiences;
(4) the importance of screening children for trauma
and the risk of mislabeling and inappropriate treatment of children
without proper screening, including increasing the use of
psychotropic medication;
(5) the potential for re-traumatization of children in
the conservatorship of the Department of Family and Protective
Services; and
(6) the availability of:
(A) research-supported, trauma-informed,
non-pharmacological interventions; and
(B) trauma-informed advocacy to increase a
child's access, while the child is in the conservatorship of the
Department of Family and Protective Services, to:
(i) trauma-informed care; and
(ii) trauma-informed mental and behavioral
health services.
SECTION 2. Section 22.110, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) A judge or associate judge who completes the training
required by Section 22.0111 may count the hours of training
completed under that section to satisfy the training requirement of
Subsection (b).
SECTION 3. Subchapter H, Chapter 81, Government Code, is
amended by adding Section 81.1131 to read as follows:
Sec. 81.1131. CONTINUING LEGAL EDUCATION CREDIT. The state
bar shall count the hours of training an attorney licensed in this
state completes under Section 22.0111 toward the minimum continuing
legal education requirements of the state bar for the reporting
year in which the training is completed.
SECTION 4. Subchapter B, Chapter 40, Human Resources Code,
is amended by adding Section 40.044 to read as follows:
Sec. 40.044. TRAINING FOR ATTORNEYS. The department shall
ensure that each attorney who represents the department in a suit
affecting the parent-child relationship filed under Subtitle E,
Title 5, Family Code, receives the training required by Section
22.0111, Government Code.
SECTION 5. (a) Not later than December 1, 2019, the Supreme
Court of Texas shall adopt the rules necessary to provide the
training required by Section 22.0111, Government Code, as added by
this Act.
(b) A judge who is in office on the effective date of this
Act must complete the training required by Section 22.0111,
Government Code, as added by this Act, not later than September 1,
2020.
SECTION 6. This Act takes effect September 1, 2019.