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
A BILL TO BE ENTITLED
AN ACT
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; [and]
(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.