Bill Text: TX HB2335 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to requiring evidence-based trauma training for certain attorneys, court-appointed volunteer advocates, child-care workers, and child protective services employees.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-04 - Postponed [HB2335 Detail]
Download: Texas-2017-HB2335-Comm_Sub.html
85R19662 MM-D | |||
By: Miller | H.B. No. 2335 | ||
Substitute the following for H.B. No. 2335: | |||
By: Miller | C.S.H.B. No. 2335 |
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relating to requiring evidence-based trauma training for certain | ||
attorneys, court-appointed volunteer advocates, child-care | ||
workers, and child protective services employees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 107.004(b-1), Family Code, is amended 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) complete evidence-based trauma training, | ||
including instruction regarding the practical application of the | ||
training to the duties of an attorney ad litem. | ||
SECTION 2. Section 107.0131(a), Family Code, is amended to | ||
read as follows: | ||
(a) An attorney ad litem appointed under Section 107.013 to | ||
represent the interests of a parent: | ||
(1) shall: | ||
(A) subject to Rules 4.02, 4.03, and 4.04, Texas | ||
Disciplinary Rules of Professional Conduct, and within a reasonable | ||
time after the appointment, interview: | ||
(i) the parent, unless the parent's | ||
location is unknown; | ||
(ii) each person who has significant | ||
knowledge of the case; and | ||
(iii) the parties to the suit; | ||
(B) investigate the facts of the case; | ||
(C) to ensure competent representation at | ||
hearings, mediations, pretrial matters, and the trial on the | ||
merits: | ||
(i) obtain and review copies of all court | ||
files in the suit during the attorney ad litem's course of | ||
representation; and | ||
(ii) when necessary, conduct formal | ||
discovery under the Texas Rules of Civil Procedure or the discovery | ||
control plan; | ||
(D) take any action consistent with the parent's | ||
interests that the attorney ad litem considers necessary to | ||
expedite the proceedings; | ||
(E) encourage settlement and the use of | ||
alternative forms of dispute resolution; | ||
(F) review and sign, or decline to sign, a | ||
proposed or agreed order affecting the parent; | ||
(G) meet before each court hearing with the | ||
parent, unless the court: | ||
(i) finds at that hearing that the attorney | ||
ad litem has shown good cause why the attorney ad litem's compliance | ||
is not feasible; or | ||
(ii) on a showing of good cause, authorizes | ||
the attorney ad litem to comply by conferring with the parent, as | ||
appropriate, by telephone or video conference; | ||
(H) abide by the parent's objectives for | ||
representation; | ||
(I) become familiar with the American Bar | ||
Association's standards of practice for attorneys who represent | ||
parents in abuse and neglect cases; [ |
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(J) complete at least three hours of continuing | ||
legal education relating to representing parents in child | ||
protection cases as described by Subsection (b) as soon as | ||
practicable after the attorney ad litem is appointed, unless the | ||
court finds that the attorney ad litem has experience equivalent to | ||
that education; and | ||
(K) complete evidence-based trauma training, | ||
including instruction regarding the practical application of the | ||
training to the duties of an attorney ad litem; and | ||
(2) is entitled to: | ||
(A) request clarification from the court if the | ||
role of the attorney ad litem is ambiguous; | ||
(B) request a hearing or trial on the merits; | ||
(C) consent or refuse to consent to an interview | ||
of the parent by another attorney; | ||
(D) receive a copy of each pleading or other | ||
paper filed with the court; | ||
(E) receive notice of each hearing in the suit; | ||
(F) participate in any case staffing conducted by | ||
the Department of Family and Protective Services in which the | ||
parent is invited to participate, including, as appropriate, a case | ||
staffing to develop a family plan of service, a family group | ||
conference, a permanency conference, a mediation, a case staffing | ||
to plan for the discharge and return of the child to the parent, and | ||
any other case staffing that the department determines would be | ||
appropriate for the parent to attend, but excluding any internal | ||
department staffing or staffing between the department and the | ||
department's legal representative; and | ||
(G) attend all legal proceedings in the suit. | ||
SECTION 3. Subchapter G, Chapter 264, Family Code, is | ||
amended by adding Section 264.615 to read as follows: | ||
Sec. 264.615. TRAUMA TRAINING REQUIRED. The executive | ||
commissioner by rule shall require an employee or volunteer of a | ||
court-appointed volunteer advocate program to receive | ||
evidence-based trauma training that: | ||
(1) is designed to prepare the employee or volunteer | ||
to meet the routine needs of children who have experienced trauma by | ||
helping the child feel safe, build relationships, and learn to | ||
regulate the child's emotions; and | ||
(2) includes instruction regarding the practical | ||
application of the training to the employee's or volunteer's | ||
duties. | ||
SECTION 4. Subchapter B, Chapter 40, Human Resources Code, | ||
is amended by adding Section 40.036 to read as follows: | ||
Sec. 40.036. TRAUMA TRAINING REQUIREMENT FOR CHILD | ||
PROTECTIVE SERVICES EMPLOYEES. (a) The department shall ensure | ||
that each child protective services employee receives | ||
evidence-based trauma training that: | ||
(1) is designed to prepare the employee to meet the | ||
routine needs of children who have experienced trauma by helping | ||
the child feel safe, build relationships, and learn to regulate the | ||
child's emotions; and | ||
(2) includes instruction regarding the practical | ||
application of the training to the employee's duties. | ||
(b) The executive commissioner shall review the training | ||
developed and adopted under this section and shall update the | ||
subject matter contained in the training at least every two years. | ||
(c) The executive commissioner shall adopt rules necessary | ||
to implement this section, including a definition of trauma, using | ||
a negotiated rulemaking process under Chapter 2008, Government | ||
Code. | ||
SECTION 5. Section 42.0421, Human Resources Code, is | ||
amended by adding Subsection (e-1) to read as follows: | ||
(e-1) The minimum training standards prescribed by the | ||
executive commissioner under Section 42.042(p) for an owner, | ||
operator, or employee of a residential child-care facility must | ||
include evidence-based trauma training that: | ||
(1) is designed to prepare the owner, operator, or | ||
employee to meet the routine needs of children who have experienced | ||
trauma by helping the child feel safe, build relationships, and | ||
learn to regulate the child's emotions; and | ||
(2) includes instruction regarding the practical | ||
application of the training to the person's duties. | ||
SECTION 6. This Act takes effect September 1, 2017. |