Bill Text: TX HB565 | 2021-2022 | 87th Legislature | Introduced

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-05-03 - Failed to receive affirmative vote in comm. [HB565 Detail]

Download: Texas-2021-HB565-Introduced.html

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By: Lopez H.B. No. 565

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 264, Family Code, is
amended by adding Section 264.016 to read as follows:
Sec. 264.016. TRAINING RELATED TO TRAUMA-INFORMED CARE.
(a) The department shall ensure that each attorney who the
department employs or contracts with to represent the state in a
suit filed by a governmental entity under this subtitle seeking
termination of the parent-child relationship or the appointment of
a conservator for the child completes a training program regarding
trauma-informed care and the effect of trauma on children in the
conservatorship of the department.
(b) An attorney shall complete the training required by this
section before the attorney may represent the state in a suit
described by Subsection (a).
(c) The training required by this section must include
information regarding:
(1) the symptoms of trauma and the impact that trauma
has on a child, including how trauma may affect a child's
development, emotions, 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 a child's ability to build connections, feel safe, and
regulate the child's emotions to help the 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 the risk associated with
increasing the use of psychotropic medication;
(5) the potential for re-traumatization of children in
the conservatorship of the department; 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, to:
(i) trauma-informed care; and
(ii) trauma-informed mental and behavioral
health services.
SECTION 2. Section 22.011, Government Code, is amended to
read as follows:
Sec. 22.011. JUDICIAL INSTRUCTION RELATED TO FAMILY
VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, CHILDHOOD
TRAUMA, AND CHILD ABUSE. (a) The supreme court shall provide
judicial training related to the problems of family violence,
sexual assault, trafficking of persons, childhood trauma, and child
abuse and to issues concerning sex offender characteristics.
(d) The instruction must 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) issues related to childhood trauma and adverse
childhood experiences.
SECTION 3. The heading to Section 22.110, Government Code,
is amended to read as follows:
Sec. 22.110. JUDICIAL TRAINING [INSTRUCTION] RELATED TO
FAMILY VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, CHILDHOOD
TRAUMA, AND CHILD ABUSE AND NEGLECT.
SECTION 4. Section 22.110, Government Code, is amended by
amending Subsections (a), (b), and (d) and adding Subsection (d-2)
to read as follows:
(a) The court of criminal appeals shall assure that judicial
training related to the problems of family violence, sexual
assault, trafficking of persons, childhood trauma, and child abuse
and neglect is provided.
(b) The court of criminal appeals shall adopt the rules
necessary to accomplish the purposes of this section. The rules
must:
(1) require each district judge, judge of a statutory
county court, associate judge appointed under Chapter 54A of this
code or Chapter 201, Family Code, master, referee, and magistrate
to complete at least 12 hours of the training within the judge's
first term of office or the judicial officer's first four years of
service that includes:
(A) at [and provide a method for certification of
completion of that training. At] least four hours of [the] training
that:
(i) is [must be] dedicated to issues
related to trafficking of persons and child abuse and neglect; and
(ii) covers [must cover] at least two of the
topics described in Subsections (d)(8)-(13);
(B) at [(d)(8)-(12). At] least six hours of [the]
training [must be] dedicated to the training described by
Subsections (d)(5), (6), and (7); and
(C) for a judge of a court with jurisdiction over
cases involving children in the conservatorship of the Department
of Family and Protective Services or children in the juvenile
justice system, at least three hours of training dedicated to the
training described by Subsection (d)(13);
(2) provide a method for certifying the completion of
the training described by Subdivision (1);
(3) [. The rules must] require each judge and judicial
officer to complete an additional five hours of training during
each additional term in office or four years of service, including:
(A) at[. At] least two hours of [the additional]
training [must be] dedicated to issues related to trafficking of
persons and child abuse and neglect; and
(B) for a judge of a court with jurisdiction over
cases involving children in the conservatorship of the Department
of Family and Protective Services or children in the juvenile
justice system, at least one hour of training dedicated to the
training described by Subsection (d)(13); and
(4) [.The rules must] exempt from the training
requirement of this subsection each judge or judicial officer who
files an affidavit stating that the judge or judicial officer does
not hear any cases involving family violence, sexual assault,
trafficking of persons, childhood trauma, or child abuse and
neglect.
(d) The instruction must 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 family
violence, 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; [and]
(12) medical findings regarding physical abuse,
sexual abuse, trafficking of persons, and child abuse and neglect;
and
(13) childhood trauma and adverse childhood
experiences described by Subsection (d-2).
(d-2) The training on childhood trauma and adverse
childhood experiences under Subsection (d)(13) must include
information regarding:
(1) the symptoms of trauma and the impact that trauma
has on a child, including how trauma may affect a child's
development, emotions, 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 a child's ability to build connections, feel safe, and
regulate the child's emotions to help the 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 the risk associated with
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 5. (a) A judge or judicial officer who is in office
on the effective date of this Act must complete the training
required by Section 22.110(b)(1)(C), Government Code, as added by
this Act, not later than December 1, 2023.
(b) An attorney employed by or under contract with the
Department of Family and Protective Services on the effective date
of this Act to represent 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, must complete the training required by
Section 264.016, Family Code, as added by this Act, not later than
September 1, 2022.
SECTION 6. This Act takes effect September 1, 2021.