Bill Text: TX HB1502 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to required training regarding trauma-informed care for certain judges and attorneys.
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB1502 Detail]
Download: Texas-2023-HB1502-Comm_Sub.html
88R5700 MM-F | ||
By: Plesa, Lujan, Ramos, Talarico, Lalani, | H.B. No. 1502 | |
et al. |
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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 whom 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; | ||
[ |
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(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 [ |
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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 [ |
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that: | ||
(i) is [ |
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related to trafficking of persons and child abuse and neglect; and | ||
(ii) covers [ |
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topics described in Subsections (d)(8)-(13); | ||
(B) at [ |
||
[ |
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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) [ |
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officer to complete an additional five hours of training during | ||
each additional term in office or four years of service, including: | ||
(A) at[ |
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training [ |
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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) [ |
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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; [ |
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(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, 2025. | ||
(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, 2024. | ||
SECTION 6. This Act takes effect September 1, 2023. |