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Texas House Bill HB1536

Texas 2019 - 86th Regular

Texas House Bill HB1536 Compare Versions

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1-86R21458 MM-F
2- By: Miller, Raymond, Parker, Davis of Harris, H.B. No. 1536
3- Zerwas, et al.
4- Substitute the following for H.B. No. 1536:
5- By: Meza C.S.H.B. No. 1536
1+86R4840 MM-F
2+ By: Miller H.B. No. 1536
63
74
85 A BILL TO BE ENTITLED
96 AN ACT
107 relating to trauma-informed care for children in the
118 conservatorship of the Department of Family and Protective
129 Services, trauma-informed care training for certain department
1310 employees, and the establishment of the Trauma-Informed Care Task
1411 Force.
1512 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1613 SECTION 1. Section 264.015, Family Code, is amended by
1714 amending Subsection (a) and adding Subsections (a-1) and (a-2) to
1815 read as follows:
19- (a) The department shall require [include training in
20- trauma-informed programs and services in any training the
21- department provides to] foster parents, adoptive parents, and
22- kinship caregivers to receive training in trauma-informed care[,
23- department caseworkers, and department supervisors]. The
24- trauma-informed training required by this subsection:
25- (1) must use a research-supported or evidence-based
26- model;
27- (2) must meet the requirements of the training
28- required under Sections 40.105 and 40.108, Human Resources Code;
29- and
30- (3) may include faith-based programs that meet the
31- criteria described by Subdivisions (1) and (2).
16+ (a) The department shall include at least eight hours of
17+ training in trauma-informed programs and services in any training
18+ the department provides to foster parents, adoptive parents, and
19+ kinship caregivers[, department caseworkers, and department
20+ supervisors]. The trauma-informed training required by this
21+ subsection must use a research-supported model and meet the
22+ requirements of the training required under Sections 40.105 and
23+ 40.108, Human Resources Code.
3224 (a-1) The department shall pay for the training provided
3325 under Subsection (a) [this subsection] with gifts, donations, and
3426 grants and any federal money available through the Fostering
3527 Connections to Success and Increasing Adoptions Act of 2008 (Pub.
3628 L. No. 110-351). The department shall annually evaluate the
37- effectiveness of the training provided under Subsection (a) [this
38- subsection] to ensure progress toward a trauma-informed system of
39- care.
29+ effectiveness of the training provided under this subsection to
30+ ensure progress toward a trauma-informed system of care.
4031 (a-2) The department may exempt from the training required
4132 by Subsection (a) any individual who submits proof to the
4233 department that the individual has received training that meets the
4334 requirements of Sections 40.105 and 40.108, Human Resources Code.
4435 SECTION 2. Chapter 40, Human Resources Code, is amended by
4536 adding Subchapter D to read as follows:
4637 SUBCHAPTER D. TRAUMA-INFORMED CARE
47- Sec. 40.101. DEFINITION OF TRAUMA AND TRAUMA-INFORMED CARE.
48- (a) Except as provided by Subsection (b), in this subchapter:
38+ Sec. 40.101. DEFINITIONS. In this subchapter:
4939 (1) "Trauma" means the range of maltreatment,
5040 interpersonal violence, abuse, assault, and neglect experiences
5141 encountered by children, adolescents, and adults, including:
5242 (A) physical, sexual, and emotional abuse;
5343 (B) interpersonal or relational trauma from
54- abuse, neglect, and maltreatment;
44+ abuse, neglect, maltreatment, and experiences that impact an
45+ individual's brain, biology, behavior, beliefs, or body;
5546 (C) community, peer, and school-based assault,
5647 molestation, and severe bullying;
5748 (D) severe physical, medical, and emotional
5849 neglect;
59- (E) witnessing domestic violence; and
50+ (E) witnessing domestic violence;
6051 (F) the impact of abrupt separation, serious and
61- pervasive disruptions in caregiving, and traumatic loss.
52+ pervasive disruptions in caregiving, and traumatic loss; and
53+ (G) experiences that are a consequence of
54+ historical, cultural, systemic, institutional, and
55+ multigenerational abuse.
6256 (2) "Trauma-informed care," "trauma-informed
6357 program," or "trauma-informed service" means care or a program or
6458 service that is person-centered, avoids re-traumatization, and
6559 takes into account:
6660 (A) the impact that traumatic experiences have on
67- an individual's brain development and cognitive, emotional,
68- physical, and behavioral functioning;
61+ the brain, biology, body, beliefs, and behavior;
6962 (B) the symptoms of trauma;
7063 (C) an individual's personal trauma history;
7164 (D) an individual's trauma triggers; and
7265 (E) methods for addressing the traumatized
7366 individual's needs by helping the individual feel safe, build
74- relationships, learn to regulate emotions, and build resiliency.
75- (b) The definitions of "trauma" and "trauma-informed care"
76- under Subsection (a) do not apply if the commissioner adopts rules
77- defining those terms.
78- (c) Not later than December 1, 2019, the commissioner of the
79- department shall adopt rules defining "trauma" and
80- "trauma-informed care" for purposes of this subchapter using a
81- negotiated rulemaking process under Chapter 2008, Government Code.
82- In adopting rules under this subsection, the commissioner shall
83- consider the definitions under Subsection (a). This subsection
84- expires September 1, 2021.
67+ relationships, and learn to regulate emotions.
8568 Sec. 40.102. TRAUMA-INFORMED SYSTEM OF CARE. (a) The
8669 department shall ensure that the child protective services division
8770 of the department transitions to a trauma-informed system of care
88- that ensures that participants in the system:
89- (1) recognize the widespread impact of trauma and
90- understand the potential paths for recovery;
91- (2) recognize the signs and symptoms of trauma in
92- clients, families, staff, and others involved with the system;
93- (3) respond by fully integrating knowledge about
94- trauma and trauma-informed care into policies, procedures,
95- practices, and training, including the training required under
96- Sections 40.105 through 40.108; and
97- (4) seek to actively resist re-traumatization.
98- (b) This section may not be construed to:
71+ that:
72+ (1) considers the impact of trauma, including the
73+ emotional, behavioral, and physical effect on individuals and the
74+ organizations, staff, and volunteers that work with those
75+ individuals;
76+ (2) examines an individual's behavior in the context
77+ of coping strategies that are designed to survive adversity,
78+ including a response to primary and secondary trauma;
79+ (3) understands that the need for a trauma-informed
80+ response is not limited to mental and behavioral health specialty
81+ services but is integral to all organizations and systems involved;
82+ (4) understands that a pharmacological response or
83+ reducing the risk of repeat trauma alone cannot meet the needs of
84+ vulnerable individuals, and building relationships, community, and
85+ the feeling of safety are necessary for neuro-development and
86+ healing from trauma;
87+ (5) recognizes the signs of trauma and consistently
88+ incorporates trauma screening and assessment into all aspects of
89+ work, including interactions with individuals, staff, volunteers,
90+ and organizations supporting those individuals;
91+ (6) applies the principles of a trauma-informed
92+ approach to all areas of functioning, including:
93+ (A) staff and volunteer training on trauma and
94+ trauma-informed practices;
95+ (B) leadership that realizes the role of trauma
96+ in staff members and the individuals served; and
97+ (C) policies and practices that ensure the
98+ following are addressed:
99+ (i) a focus on the relational needs of
100+ individuals, with special attention toward building and
101+ strengthening secure attachments based on trust; and
102+ (ii) the creation of an environment of
103+ physical, social, and psychological safety that meets the
104+ individual's physiological needs that includes:
105+ (a) good nutrition, adequate sleep,
106+ attention to sensory needs, and regular physical activity; and
107+ (b) providing structured experiences
108+ and opportunities for empowerment and self-efficacy, enhancing
109+ emotional and behavioral self-regulation, mindful awareness, and
110+ the ability to use proactive strategies for behavioral change;
111+ (7) avoids re-traumatization by recognizing how
112+ department practices such as placement disruptions, seclusion,
113+ restraints, and abrupt transitions can cause additional harm and
114+ interfere with healing;
115+ (8) continually evaluates and improves methods,
116+ practices, and approaches; and
117+ (9) builds resiliency in individuals and fosters the
118+ ability to understand and effectively model, practice, and
119+ implement characteristics of a secure person, including the ability
120+ to express the individual's own needs, give nurturing care, and ask
121+ for care.
122+ (b) For purposes of providing any service to a child, the
123+ department shall presume that each child in the department's
124+ conservatorship has experienced trauma, may continue to experience
125+ trauma, and needs systems, practices, and policies that use
126+ trauma-informed care.
127+ (c) This section may not be construed to:
99128 (1) create a legal presumption against a parent in:
100129 (A) an investigation conducted by the department
101130 under Chapter 261, Family Code; or
102131 (B) a suit affecting the parent-child
103132 relationship under Chapter 262, Family Code; or
104133 (2) relieve the department from any burden of proof
105134 required in a suit affecting the parent-child relationship under
106135 Chapter 262, Family Code.
107136 Sec. 40.103. REGIONAL COORDINATORS. (a) The department
108137 shall appoint at least two trauma-informed care coordinators in
109138 each department region who have substantial expertise and
110139 experience in at least one trauma-informed care model.
111140 (b) In appointing trauma-informed care coordinators, the
112141 department shall ensure, if possible, that each coordinator
113142 appointed in a region represents a different trauma-informed care
114143 model.
115144 (c) A trauma-informed care coordinator shall:
116- (1) organize and offer trauma-informed care training;
117- and
145+ (1) organize and offer trauma-informed training; and
118146 (2) offer coaching and support regarding
119147 trauma-informed care within the coordinator's region.
120148 Sec. 40.104. TRAUMA-INFORMED CARE TASK FORCE. (a) In this
121149 section, "task force" means the Trauma-Informed Care Task Force
122150 created under this section.
123- (b) The department shall establish the Trauma-Informed Care
124- Task Force. The commissioner shall designate a member of the task
125- force as the presiding officer of the task force. The task force is
126- composed of:
127- (1) nine members of the public appointed by the
128- commissioner who work in the field of trauma-informed care;
129- (2) one member of the house of representatives
130- appointed by the speaker of the house of representatives; and
131- (3) one member of the senate appointed by the
132- lieutenant governor.
151+ (b) The governor shall establish the Trauma-Informed Care
152+ Task Force in the department. The task force is composed of five
153+ members of the public appointed by the governor who work in the
154+ field of trauma-informed care. The governor shall designate a
155+ member of the task force as the presiding officer of the task force
156+ to serve in that capacity at the pleasure of the governor.
133157 (c) A vacancy on the task force shall be filled in the same
134158 manner as the original appointment.
135159 (d) A member of the task force is not entitled to
136160 compensation or reimbursement of expenses incurred in performing
137161 duties related to the task force.
138162 (e) The department shall provide reasonably necessary
139163 administrative and technical support to the task force.
140164 (f) The department may accept on behalf of the task force a
141165 gift, grant, or donation from any source to carry out the purposes
142166 of the task force.
143167 (g) The task force shall meet at least quarterly at the call
144168 of the presiding officer. The task force may meet at other times as
145169 determined by the presiding officer.
146- (h) The task force shall assist the department in
147- implementing the transition to a trauma-informed system of care for
148- children in the department's conservatorship as described by
149- Section 40.102, by:
150- (1) leveraging outside resources and coordinating
170+ (h) The task force shall assist the department in:
171+ (1) implementing the transition to a trauma-informed
172+ system of care for children in the department's conservatorship;
173+ (2) leveraging outside resources and coordinating
151174 state resources toward implementing trauma-informed care for
152175 children who are:
153176 (A) in the department's conservatorship; or
154177 (B) receiving family-based safety services;
155- (2) ensuring that all department employees who
178+ (3) ensuring that all department employees who
156179 interact with or make decisions on behalf of children in the
157180 department's conservatorship receive appropriate trauma-informed
158181 care training; and
159- (3) adopting trauma-informed practices and policies
182+ (4) adopting trauma-informed practices and policies
160183 to reduce:
161184 (A) the number of placement changes for children
162185 in the department's conservatorship;
163186 (B) foster parent turnover;
164187 (C) the number of children in the department's
165188 conservatorship who are unable to be placed with adoptive parents;
166189 (D) caseworker attrition;
167190 (E) the number of children in the department's
168191 conservatorship who run away from the child's placement;
169192 (F) the amount of psychotropic medications
170193 prescribed to children in the department's conservatorship;
171194 (G) the number of children in the department's
172195 conservatorship whose level of care increases;
173196 (H) the number of children in the department's
174197 conservatorship who are placed in psychiatric facilities or
175198 residential treatment centers;
176199 (I) the number of young adults who have
177200 difficulty functioning independently after transitioning out of
178201 the department's conservatorship; and
179202 (J) the amount of money that the state spends on
180203 services for adults who:
181204 (i) did not receive trauma-informed care
182205 when they were in the department's conservatorship; and
183206 (ii) are unable to function independently
184207 as adults or are incarcerated or homeless.
185208 (i) Chapter 2110, Government Code, does not apply to the
186209 task force.
187- (j) Not later than December 1 of each even-numbered year,
188- the task force shall report to the legislature regarding the
189- department's progress toward transitioning to a trauma-informed
190- system of care and make recommendations for any legislative action.
191- (k) The task force is abolished and this section expires
210+ (j) The task force is abolished and this section expires
192211 September 1, 2023.
193212 Sec. 40.105. TRAUMA-INFORMED CARE TRAINING: DEPARTMENT
194213 EMPLOYEES. The department shall ensure that each department
195214 employee who interacts with or makes decisions on behalf of a child
196215 in the department's conservatorship receives trauma-informed care
197216 training that provides the employee with a foundational level of
198217 understanding of:
199- (1) symptoms of trauma and adverse childhood
200- experiences;
218+ (1) trauma and adverse childhood experiences;
201219 (2) the impact that trauma has on a child, including
202- how trauma may affect a child's brain development and cognitive,
203- emotional, physical, and behavioral functioning;
220+ how trauma may affect a child's behavior;
204221 (3) attachment and how a lack of attachment may affect
205222 a child;
206223 (4) the role that trauma-informed care and services,
207224 including strategies and interventions that build connection,
208- provide physical and psychological safety, and help the child learn
209- to regulate emotions, can have in helping a child build resiliency
210- and overcome the effects of trauma and adverse childhood
211- experiences;
225+ physical and psychological safety, and regulation of emotions, can
226+ have in helping a child build resiliency and overcome the effects of
227+ trauma and adverse childhood experiences;
212228 (5) the importance of screening children for trauma
213229 and the risk of mislabeling and inappropriate treatment of children
214230 without proper screening;
215231 (6) the potential for re-traumatization of children in
216232 the department's conservatorship;
217233 (7) the importance of working with other systems to
218234 help a child receive trauma-informed care;
219235 (8) the impact an adult's traumatic experiences can
220236 have on the adult's interactions with a child and ways to avoid
221237 secondary trauma; and
222238 (9) the concepts, strategies, and skills most
223239 appropriate for each person's role in a child's life.
224240 Sec. 40.106. TRAUMA-INFORMED CARE TRAINING: ADMINISTRATIVE
225241 EMPLOYEES. (a) In addition to the training required by Section
226242 40.105, the department shall ensure that each department employee
227243 who makes decisions on behalf of the department regarding the
228244 department's organization, policy goals, and funding receives
229245 training that teaches the employee to:
230246 (1) support staff who provide trauma-informed care to
231247 children and families;
232248 (2) create organizational change to reduce
233249 traumatizing practices and policies;
234250 (3) identify and address practices or policies that
235251 have a disproportionate or disparate impact on children who have
236252 experienced trauma within diverse populations; and
237253 (4) minimize secondary trauma for staff.
238254 (b) The total amount of training under Section 40.105 and
239255 this section must be at least eight hours.
240256 Sec. 40.107. TRAUMA-INFORMED CARE TRAINING: REGIONAL
241257 DIRECTORS AND SUPERVISORS. (a) In addition to the training
242258 required by Section 40.105, the department shall ensure that each
243259 department employee who serves as a regional director or mid-level
244260 supervisor receives training that gives the employee the ability to
245261 apply and teach to others how to:
246- (1) understand trauma-induced behaviors that a child
247- who has experienced trauma may exhibit;
262+ (1) understand the difference between wilful
263+ disobedience and trauma-induced behavior for a child who has
264+ experienced trauma;
248265 (2) recognize trauma triggers;
249266 (3) identify practices and policies that may
250267 re-traumatize children;
251- (4) understand appropriate treatments and
268+ (4) identify appropriate treatments and
252269 non-pharmacological interventions for children who have
253270 experienced trauma;
254271 (5) work with other staff, organizations, and
255- individuals to create a trauma-informed system of care;
272+ individuals to create a culture of trauma-informed care;
256273 (6) learn and practice strategies that promote a
257- child's healing, including building connections, providing
258- physical and psychological safety, and helping the child learn to
259- regulate emotions;
274+ child's healing;
260275 (7) advocate, as appropriate, on behalf of a child to
261276 ensure that the child has access to trauma-informed care;
262277 (8) effectively model trauma-informed strategies with
263278 clients, as appropriate; and
264279 (9) recognize the effects of secondary trauma and the
265280 need for self-care.
266281 (b) The total amount of training under Section 40.105 and
267282 this section must be at least eight hours.
268283 (c) The department shall provide to employees described by
269284 Subsection (a) access to ongoing coaching regarding implementing
270285 and using trauma-informed care principles to respond to the needs
271286 of a child in the department's conservatorship.
272287 Sec. 40.108. TRAUMA-INFORMED CARE TRAINING: CASEWORKERS
273288 AND INVESTIGATORS. (a) In addition to the training required by
274289 Section 40.105, the department shall ensure that each department
275290 employee who serves as a caseworker or investigator receives
276- training that uses a research-supported or evidence-based
277- interactive and problem-solving model to give employees the ability
278- to:
279- (1) understand trauma-induced behaviors that a child
280- who has experienced trauma may exhibit;
291+ training that uses a research-supported, interactive and
292+ problem-solving model to give employees the ability to:
293+ (1) understand the difference between wilful
294+ disobedience and trauma-induced behavior for a child who has
295+ experienced trauma;
281296 (2) recognize trauma triggers;
282297 (3) identify practices that may re-traumatize
283298 children;
284- (4) understand appropriate treatments and
285- non-pharmacological interventions for children who have
286- experienced trauma;
287- (5) learn and practice strategies and interventions
288- that promote a child's healing, including building connections,
289- providing physical and psychological safety, and helping the child
290- learn to regulate emotions;
291- (6) through case study, scripted practice, role-play
299+ (4) learn and practice strategies and interventions
300+ that promote a child's healing;
301+ (5) through case study, scripted practice, role-play
292302 activities, analysis, or facilitated discussion about experiences,
293303 gain mastery of strategies and interventions that guide daily
294304 interactions with a child who has experienced trauma;
295- (7) collaborate with other professionals or
296- caregivers to identify solutions to issues that arise because of a
297- child's trauma; and
298- (8) recognize effects of secondary trauma and the need
305+ (6) collaborate with other professionals or
306+ caregivers to identify solutions to problems that arise because of
307+ a child's trauma; and
308+ (7) recognize effects of secondary trauma and the need
299309 for self-care.
300310 (b) The total amount of training under Section 40.105 and
301311 this section must be at least 24 hours.
302312 (c) The department shall provide to employees described by
303313 Subsection (a) access to ongoing coaching regarding implementing
304314 and using trauma-informed care principles to respond to the needs
305315 of a child in the department's conservatorship.
306316 Sec. 40.109. SPECIFIC MODEL NOT REQUIRED. The training
307317 requirements of this subchapter do not require the use of any
308318 specific training model or program.
309319 SECTION 3. Section 264.015(b), Family Code, is repealed.
310320 SECTION 4. The Department of Family and Protective Services
311321 shall provide the training required by Subchapter D, Chapter 40,
312322 Human Resources Code, as added by this Act, to the employees in two
313323 or three department regions each fiscal year. The department shall
314324 complete the training in all of the department's regions not later
315325 than September 1, 2023.
316326 SECTION 5. This Act takes effect September 1, 2019.