86R21458 MM-F
	By: Miller, Raymond, Parker, Davis of Harris,	H.B. No. 1536
	Zerwas, et al.
	Substitute the following for H.B. No. 1536:
	By:  Meza	C.S.H.B. No. 1536

	A BILL TO BE ENTITLED
	AN ACT
	relating to trauma-informed care for children in the
	conservatorship of the Department of Family and Protective
	Services, trauma-informed care training for certain department
	employees, and the establishment of the Trauma-Informed Care Task
	Force.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 264.015, Family Code, is amended by
	amending Subsection (a) and adding Subsections (a-1) and (a-2) to
	read as follows:
	(a)  The department shall require [include training in
	trauma-informed programs and services in any training the
	department provides to] foster parents, adoptive parents, and
	kinship caregivers to receive training in trauma-informed care[,
	department caseworkers, and department supervisors].  The
	trauma-informed training required by this subsection:
	(1)  must use a research-supported or evidence-based
	model;
	(2)  must meet the requirements of the training
	required under Sections 40.105 and 40.108, Human Resources Code;
	and
	(3)  may include faith-based programs that meet the
	criteria described by Subdivisions (1) and (2).
	(a-1)  The department shall pay for the training provided
	under Subsection (a) [this subsection] with gifts, donations, and
	grants and any federal money available through the Fostering
	Connections to Success and Increasing Adoptions Act of 2008 (Pub.
	L. No. 110-351). The department shall annually evaluate the
	effectiveness of the training provided under Subsection (a) [this
	subsection] to ensure progress toward a trauma-informed system of
	care.
	(a-2)  The department may exempt from the training required
	by Subsection (a) any individual who submits proof to the
	department that the individual has received training that meets the
	requirements of Sections 40.105 and 40.108, Human Resources Code.
	SECTION 2.  Chapter 40, Human Resources Code, is amended by
	adding Subchapter D to read as follows:
	SUBCHAPTER D. TRAUMA-INFORMED CARE
	Sec. 40.101.  DEFINITION OF TRAUMA AND TRAUMA-INFORMED CARE.
	(a)  Except as provided by Subsection (b), in this subchapter:
	(1)  "Trauma" means the range of maltreatment,
	interpersonal violence, abuse, assault, and neglect experiences
	encountered by children, adolescents, and adults, including:
	(A)  physical, sexual, and emotional abuse;
	(B)  interpersonal or relational trauma from
	abuse, neglect, and maltreatment;
	(C)  community, peer, and school-based assault,
	molestation, and severe bullying;
	(D)  severe physical, medical, and emotional
	neglect;
	(E)  witnessing domestic violence; and
	(F)  the impact of abrupt separation, serious and
	pervasive disruptions in caregiving, and traumatic loss.
	(2)  "Trauma-informed care," "trauma-informed
	program," or "trauma-informed service" means care or a program or
	service that is person-centered, avoids re-traumatization, and
	takes into account:
	(A)  the impact that traumatic experiences have on
	an individual's brain development and cognitive, emotional,
	physical, and behavioral functioning;
	(B)  the symptoms of trauma;
	(C)  an individual's personal trauma history;
	(D)  an individual's trauma triggers; and
	(E)  methods for addressing the traumatized
	individual's needs by helping the individual feel safe, build
	relationships, learn to regulate emotions, and build resiliency.
	(b)  The definitions of "trauma" and "trauma-informed care"
	under Subsection (a) do not apply if the commissioner adopts rules
	defining those terms.
	(c)  Not later than December 1, 2019, the commissioner of the
	department shall adopt rules defining "trauma" and
	"trauma-informed care" for purposes of this subchapter using a
	negotiated rulemaking process under Chapter 2008, Government Code.
	In adopting rules under this subsection, the commissioner shall
	consider the definitions under Subsection (a).  This subsection
	expires September 1, 2021.
	Sec. 40.102.  TRAUMA-INFORMED SYSTEM OF CARE.  (a)  The
	department shall ensure that the child protective services division
	of the department transitions to a trauma-informed system of care
	that ensures that participants in the system:
	(1)  recognize the widespread impact of trauma and
	understand the potential paths for recovery;
	(2)  recognize the signs and symptoms of trauma in
	clients, families, staff, and others involved with the system;
	(3)  respond by fully integrating knowledge about
	trauma and trauma-informed care into policies, procedures,
	practices, and training, including the training required under
	Sections 40.105 through 40.108; and
	(4)  seek to actively resist re-traumatization.
	(b)  This section may not be construed to:
	(1)  create a legal presumption against a parent in:
	(A)  an investigation conducted by the department
	under Chapter 261, Family Code; or
	(B)  a suit affecting the parent-child
	relationship under Chapter 262, Family Code; or
	(2)  relieve the department from any burden of proof
	required in a suit affecting the parent-child relationship under
	Chapter 262, Family Code.
	Sec. 40.103.  REGIONAL COORDINATORS. (a)  The department
	shall appoint at least two trauma-informed care coordinators in
	each department region who have substantial expertise and
	experience in at least one trauma-informed care model.
	(b)  In appointing trauma-informed care coordinators, the
	department shall ensure, if possible, that each coordinator
	appointed in a region represents a different trauma-informed care
	model.
	(c)  A trauma-informed care coordinator shall:
	(1)  organize and offer trauma-informed care training;
	and
	(2)  offer coaching and support regarding
	trauma-informed care within the coordinator's region.
	Sec. 40.104.  TRAUMA-INFORMED CARE TASK FORCE.  (a) In this
	section, "task force" means the Trauma-Informed Care Task Force
	created under this section.
	(b)  The department shall establish the Trauma-Informed Care
	Task Force. The commissioner shall designate a member of the task
	force as the presiding officer of the task force. The task force is
	composed of:
	(1)  nine members of the public appointed by the
	commissioner who work in the field of trauma-informed care;
	(2)  one member of the house of representatives
	appointed by the speaker of the house of representatives; and
	(3)  one member of the senate appointed by the
	lieutenant governor.
	(c)  A vacancy on the task force shall be filled in the same
	manner as the original appointment.
	(d)  A member of the task force is not entitled to
	compensation or reimbursement of expenses incurred in performing
	duties related to the task force.
	(e)  The department shall provide reasonably necessary
	administrative and technical support to the task force.
	(f)  The department may accept on behalf of the task force a
	gift, grant, or donation from any source to carry out the purposes
	of the task force.
	(g)  The task force shall meet at least quarterly at the call
	of the presiding officer. The task force may meet at other times as
	determined by the presiding officer.
	(h)  The task force shall assist the department in
	implementing the transition to a trauma-informed system of care for
	children in the department's conservatorship as described by
	Section 40.102, by:
	(1)  leveraging outside resources and coordinating
	state resources toward implementing trauma-informed care for
	children who are:
	(A)  in the department's conservatorship; or
	(B)  receiving family-based safety services;
	(2)  ensuring that all department employees who
	interact with or make decisions on behalf of children in the
	department's conservatorship receive appropriate trauma-informed
	care training; and
	(3)  adopting trauma-informed practices and policies
	to reduce:
	(A)  the number of placement changes for children
	in the department's conservatorship;
	(B)  foster parent turnover;
	(C)  the number of children in the department's
	conservatorship who are unable to be placed with adoptive parents;
	(D)  caseworker attrition;
	(E)  the number of children in the department's
	conservatorship who run away from the child's placement;
	(F)  the amount of psychotropic medications
	prescribed to children in the department's conservatorship;
	(G)  the number of children in the department's
	conservatorship whose level of care increases;
	(H)  the number of children in the department's
	conservatorship who are placed in psychiatric facilities or
	residential treatment centers;
	(I)  the number of young adults who have
	difficulty functioning independently after transitioning out of
	the department's conservatorship; and
	(J)  the amount of money that the state spends on
	services for adults who:
	(i)  did not receive trauma-informed care
	when they were in the department's conservatorship; and
	(ii)  are unable to function independently
	as adults or are incarcerated or homeless.
	(i)  Chapter 2110, Government Code, does not apply to the
	task force.
	(j)  Not later than December 1 of each even-numbered year,
	the task force shall report to the legislature regarding the
	department's progress toward transitioning to a trauma-informed
	system of care and make recommendations for any legislative action.
	(k)  The task force is abolished and this section expires
	September 1, 2023.
	Sec. 40.105.  TRAUMA-INFORMED CARE TRAINING: DEPARTMENT
	EMPLOYEES. The department shall ensure that each department
	employee who interacts with or makes decisions on behalf of a child
	in the department's conservatorship receives trauma-informed care
	training that provides the employee with a foundational level of
	understanding of:
	(1)  symptoms of trauma and adverse childhood
	experiences;
	(2)  the impact that trauma has on a child, including
	how trauma may affect a child's brain development and cognitive,
	emotional, physical, and behavioral functioning;
	(3)  attachment and how a lack of attachment may affect
	a child;
	(4)  the role that trauma-informed care and services,
	including strategies and interventions that build connection,
	provide physical and psychological safety, and help the child learn
	to regulate emotions, can have in helping a child build resiliency
	and overcome the effects of trauma and adverse childhood
	experiences;
	(5)  the importance of screening children for trauma
	and the risk of mislabeling and inappropriate treatment of children
	without proper screening;
	(6)  the potential for re-traumatization of children in
	the department's conservatorship;
	(7)  the importance of working with other systems to
	help a child receive trauma-informed care;
	(8)  the impact an adult's traumatic experiences can
	have on the adult's interactions with a child and ways to avoid
	secondary trauma; and
	(9)  the concepts, strategies, and skills most
	appropriate for each person's role in a child's life.
	Sec. 40.106.  TRAUMA-INFORMED CARE TRAINING: ADMINISTRATIVE
	EMPLOYEES.  (a)  In addition to the training required by Section
	40.105, the department shall ensure that each department employee
	who makes decisions on behalf of the department regarding the
	department's organization, policy goals, and funding receives
	training that teaches the employee to:
	(1)  support staff who provide trauma-informed care to
	children and families;
	(2)  create organizational change to reduce
	traumatizing practices and policies;
	(3)  identify and address practices or policies that
	have a disproportionate or disparate impact on children who have
	experienced trauma within diverse populations; and
	(4)  minimize secondary trauma for staff.
	(b)  The total amount of training under Section 40.105 and
	this section must be at least eight hours.
	Sec. 40.107.  TRAUMA-INFORMED CARE TRAINING: REGIONAL
	DIRECTORS AND SUPERVISORS. (a) In addition to the training
	required by Section 40.105, the department shall ensure that each
	department employee who serves as a regional director or mid-level
	supervisor receives training that gives the employee the ability to
	apply and teach to others how to:
	(1)  understand trauma-induced behaviors that a child
	who has experienced trauma may exhibit;
	(2)  recognize trauma triggers;
	(3)  identify practices and policies that may
	re-traumatize children;
	(4)  understand appropriate treatments and
	non-pharmacological interventions for children who have
	experienced trauma;
	(5)  work with other staff, organizations, and
	individuals to create a trauma-informed system of care;
	(6)  learn and practice strategies that promote a
	child's healing, including building connections, providing
	physical and psychological safety, and helping the child learn to
	regulate emotions;
	(7)  advocate, as appropriate, on behalf of a child to
	ensure that the child has access to trauma-informed care;
	(8)  effectively model trauma-informed strategies with
	clients, as appropriate; and
	(9)  recognize the effects of secondary trauma and the
	need for self-care.
	(b)  The total amount of training under Section 40.105 and
	this section must be at least eight hours.
	(c)  The department shall provide to employees described by
	Subsection (a) access to ongoing coaching regarding implementing
	and using trauma-informed care principles to respond to the needs
	of a child in the department's conservatorship.
	Sec. 40.108.  TRAUMA-INFORMED CARE TRAINING: CASEWORKERS
	AND INVESTIGATORS. (a) In addition to the training required by
	Section 40.105, the department shall ensure that each department
	employee who serves as a caseworker or investigator receives
	training that uses a research-supported or evidence-based
	interactive and problem-solving model to give employees the ability
	to:
	(1)  understand trauma-induced behaviors that a child
	who has experienced trauma may exhibit;
	(2)  recognize trauma triggers;
	(3)  identify practices that may re-traumatize
	children;
	(4)  understand appropriate treatments and
	non-pharmacological interventions for children who have
	experienced trauma;
	(5)  learn and practice strategies and interventions
	that promote a child's healing, including building connections,
	providing physical and psychological safety, and helping the child
	learn to regulate emotions;
	(6)  through case study, scripted practice, role-play
	activities, analysis, or facilitated discussion about experiences,
	gain mastery of strategies and interventions that guide daily
	interactions with a child who has experienced trauma;
	(7)  collaborate with other professionals or
	caregivers to identify solutions to issues that arise because of a
	child's trauma; and
	(8)  recognize effects of secondary trauma and the need
	for self-care.
	(b)  The total amount of training under Section 40.105 and
	this section must be at least 24 hours.
	(c)  The department shall provide to employees described by
	Subsection (a) access to ongoing coaching regarding implementing
	and using trauma-informed care principles to respond to the needs
	of a child in the department's conservatorship.
	Sec. 40.109.  SPECIFIC MODEL NOT REQUIRED. The training
	requirements of this subchapter do not require the use of any
	specific training model or program.
	SECTION 3.  Section 264.015(b), Family Code, is repealed.
	SECTION 4.  The Department of Family and Protective Services
	shall provide the training required by Subchapter D, Chapter 40,
	Human Resources Code, as added by this Act, to the employees in two
	or three department regions each fiscal year. The department shall
	complete the training in all of the department's regions not later
	than September 1, 2023.
	SECTION 5.  This Act takes effect September 1, 2019.