Bill Text: TX SB904 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to requiring trauma training for certain attorneys.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Passed) 2021-06-08 - Effective on 9/1/21 [SB904 Detail]
Download: Texas-2021-SB904-Enrolled.html
S.B. No. 904 |
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relating to requiring 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 training described by Subsection (b-1)(2) may | ||
satisfy the training requirement under Subsection (b-1)(1) in a | ||
year in which an attorney completes the training. | ||
(b-3) An attorney described by Subsection (b-1) shall | ||
complete the training required by Subsection (b-1)(2) as soon as | ||
practicable after the attorney is placed on the list described by | ||
Subsection (b-1). | ||
(b-4) The training required by Subsection (b-1)(2) must be | ||
designed to educate an attorney regarding the attorney's duty under | ||
Subsection (d-3) and 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 risks and benefits | ||
associated with 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. 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, 2022. | ||
SECTION 3. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 904 passed the Senate on | ||
April 19, 2021, by the following vote: Yeas 30, Nays 1; and that | ||
the Senate concurred in House amendment on May 27, 2021, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 904 passed the House, with | ||
amendment, on May 23, 2021, by the following vote: Yeas 90, | ||
Nays 53, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |