Bill Text: TX HB1916 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to requiring trauma training for certain attorneys.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-05-19 - Committee report printed and distributed [HB1916 Detail]
Download: Texas-2019-HB1916-Introduced.html
Bill Title: Relating to requiring trauma training for certain attorneys.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-05-19 - Committee report printed and distributed [HB1916 Detail]
Download: Texas-2019-HB1916-Introduced.html
86R5123 MM-F | ||
By: Miller | H.B. No. 1916 |
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relating to requiring evidence-based trauma training for certain | ||
attorneys. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 107.004, Family Code, is amended by | ||
amending Subsection (b-1) and adding Subsections (b-2), (b-3), and | ||
(b-4) to read as follows: | ||
(b-1) An attorney who is on the list maintained by the court | ||
as being qualified for appointment as an attorney ad litem for a | ||
child in a child protection case must: | ||
(1) complete at least three hours of continuing legal | ||
education relating to the representation of a child in a proceeding | ||
under Subtitle E each year before the anniversary date of the | ||
attorney's listing; and | ||
(2) provide proof that the attorney has completed 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-2) The supreme court shall adopt rules to provide for the | ||
training required under Subsection (b-1)(2). 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. | ||
(b-3) An attorney shall complete the training required by | ||
this section before the attorney may be appointed as an attorney ad | ||
litem for a child in a child protection case. | ||
(b-4) The training required by Subsection (b-1)(2) 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. 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 107.004(b-1)(2) toward the minimum | ||
continuing legal education requirements of the state bar for the | ||
reporting year in which the training is completed. | ||
SECTION 3. (a) Not later than December 1, 2019, the Supreme | ||
Court of Texas shall adopt the rules necessary to provide the | ||
training required by Section 107.004(b-1)(2), Family Code, as added | ||
by this Act. | ||
(b) An attorney who is on the list maintained by a court as | ||
being qualified for appointment as an attorney ad litem for a child | ||
in a child protection case on the effective date of this Act shall | ||
complete the training required by Section 107.004(b-1)(2), Family | ||
Code, as added by this Act, not later than September 1, 2020. | ||
SECTION 4. This Act takes effect September 1, 2019. |