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.