Texas 2019 - 86th Regular

Texas House Bill HB1638 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R4841 MM-F
2	2	By: Miller H.B. No. 1638
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to trauma-informed care for children in the
8	8	conservatorship of the Department of Family and Protective Services
9	9	and trauma-informed care training for certain department
10	10	employees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 264.015, Family Code, is amended by
13	13	amending Subsection (a) and adding Subsections (a-1) and (a-2) to
14	14	read as follows:
15	15	(a) The department shall include at least eight hours of
16	16	training in trauma-informed programs and services in any training
17	17	the department provides to foster parents, adoptive parents, and
18	18	kinship caregivers[, department caseworkers, and department
19	19	supervisors]. The trauma-informed training required by this
20	20	subsection must use a research-supported model and meet the
21	21	requirements of the training required under Sections 40.104 and
22	22	40.107, Human Resources Code.
23	23	(a-1) The department shall pay for the training provided
24	24	under Subsection (a) [this subsection] with gifts, donations, and
25	25	grants and any federal money available through the Fostering
26	26	Connections to Success and Increasing Adoptions Act of 2008 (Pub.
27	27	L. No. 110-351). The department shall annually evaluate the
28	28	effectiveness of the training provided under this subsection to
29	29	ensure progress toward a trauma-informed system of care.
30	30	(a-2) The department may exempt from the training required
31	31	by Subsection (a) any individual who submits proof to the
32	32	department that the individual has received training that meets the
33	33	requirements of Sections 40.104 and 40.107, Human Resources Code.
34	34	SECTION 2. Chapter 40, Human Resources Code, is amended by
35	35	adding Subchapter D to read as follows:
36	36	SUBCHAPTER D. TRAUMA-INFORMED CARE
37	37	Sec. 40.101. DEFINITIONS. In this subchapter:
38	38	(1) "Trauma" means the range of maltreatment,
39	39	interpersonal violence, abuse, assault, and neglect experiences
40	40	encountered by children, adolescents, and adults, including:
41	41	(A) physical, sexual, and emotional abuse;
42	42	(B) interpersonal or relational trauma from
43	43	abuse, neglect, maltreatment, and experiences that impact an
44	44	individual's brain, biology, behavior, beliefs, or body;
45	45	(C) community, peer, and school-based assault,
46	46	molestation, and severe bullying;
47	47	(D) severe physical, medical, and emotional
48	48	neglect;
49	49	(E) witnessing domestic violence;
50	50	(F) the impact of abrupt separation, serious and
51	51	pervasive disruptions in caregiving, and traumatic loss; and
52	52	(G) experiences that are a consequence of
53	53	historical, cultural, systemic, institutional, and
54	54	multigenerational abuse.
55	55	(2) "Trauma-informed care," "trauma-informed
56	56	program," or "trauma-informed service" means care or a program or
57	57	service that is person-centered, avoids re-traumatization, and
58	58	takes into account:
59	59	(A) the impact that traumatic experiences have on
60	60	the brain, biology, body, beliefs, and behavior;
61	61	(B) the symptoms of trauma;
62	62	(C) an individual's personal trauma history;
63	63	(D) an individual's trauma triggers; and
64	64	(E) methods for addressing the traumatized
65	65	individual's needs by helping the individual feel safe, build
66	66	relationships, and learn to regulate emotions.
67	67	Sec. 40.102. TRAUMA-INFORMED SYSTEM OF CARE. (a) The
68	68	department shall ensure that the child protective services division
69	69	of the department transitions to a trauma-informed system of care
70	70	that:
71	71	(1) considers the impact of trauma, including the
72	72	emotional, behavioral, and physical effect on individuals and the
73	73	organizations, staff, and volunteers that work with those
74	74	individuals;
75	75	(2) examines an individual's behavior in the context
76	76	of coping strategies that are designed to survive adversity,
77	77	including a response to primary and secondary trauma;
78	78	(3) understands that the need for a trauma-informed
79	79	response is not limited to mental and behavioral health specialty
80	80	services but is integral to all organizations and systems involved;
81	81	(4) understands that a pharmacological response or
82	82	reducing the risk of repeat trauma alone cannot meet the needs of
83	83	vulnerable individuals, and building relationships, community, and
84	84	the feeling of safety are necessary for neuro-development and
85	85	healing from trauma;
86	86	(5) recognizes the signs of trauma and consistently
87	87	incorporates trauma screening and assessment into all aspects of
88	88	work, including interactions with individuals, staff, volunteers,
89	89	and organizations supporting those individuals;
90	90	(6) applies the principles of a trauma-informed
91	91	approach to all areas of functioning, including:
92	92	(A) staff and volunteer training on trauma and
93	93	trauma-informed practices;
94	94	(B) leadership that realizes the role of trauma
95	95	in staff members and the individuals served; and
96	96	(C) policies and practices that ensure the
97	97	following are addressed:
98	98	(i) a focus on the relational needs of
99	99	individuals, with special attention toward building and
100	100	strengthening secure attachments based on trust; and
101	101	(ii) the creation of an environment of
102	102	physical, social, and psychological safety that meets the
103	103	individual's physiological needs that includes:
104	104	(a) good nutrition, adequate sleep,
105	105	attention to sensory needs, and regular physical activity; and
106	106	(b) providing structured experiences
107	107	and opportunities for empowerment and self-efficacy, enhancing
108	108	emotional and behavioral self-regulation, mindful awareness, and
109	109	the ability to use proactive strategies for behavioral change;
110	110	(7) avoids re-traumatization by recognizing how
111	111	department practices such as placement disruptions, seclusion,
112	112	restraints, and abrupt transitions can cause additional harm and
113	113	interfere with healing;
114	114	(8) continually evaluates and improves methods,
115	115	practices, and approaches; and
116	116	(9) builds resiliency in individuals and fosters the
117	117	ability to understand and effectively model, practice, and
118	118	implement characteristics of a secure person, including the ability
119	119	to express the individual's own needs, give nurturing care, and ask
120	120	for care.
121	121	(b) The department may leverage outside resources and
122	122	coordinate state resources toward implementing trauma-informed
123	123	care for children who are in the department's conservatorship or
124	124	receiving family-based safety services and shall:
125	125	(1) implement the transition to a trauma-informed
126	126	system of care described by Subsection (a) for children in the
127	127	department's conservatorship;
128	128	(2) ensure that all department employees who interact
129	129	with or make decisions on behalf of children in the department's
130	130	conservatorship receive appropriate trauma-informed care training;
131	131	and
132	132	(3) adopt trauma-informed practices and policies to
133	133	reduce:
134	134	(A) the number of placement changes for children
135	135	in the department's conservatorship;
136	136	(B) foster parent turnover;
137	137	(C) the number of children in the department's
138	138	conservatorship who are unable to be placed with adoptive parents;
139	139	(D) caseworker attrition;
140	140	(E) the number of children in the department's
141	141	conservatorship who run away from the child's placement;
142	142	(F) the amount of psychotropic medications
143	143	prescribed to children in the department's conservatorship;
144	144	(G) the number of children in the department's
145	145	conservatorship whose level of care increases;
146	146	(H) the number of children in the department's
147	147	conservatorship who are placed in psychiatric facilities or
148	148	residential treatment centers;
149	149	(I) the number of young adults who have
150	150	difficulty functioning independently after transitioning out of
151	151	the department's conservatorship; and
152	152	(J) the amount of money that the state spends on
153	153	services for adults who:
154	154	(i) did not receive trauma-informed care
155	155	when they were in the department's conservatorship; and
156	156	(ii) are unable to function independently
157	157	as adults or are incarcerated or homeless.
158	158	(c) For purposes of providing any service to a child, the
159	159	department shall presume that each child in the department's
160	160	conservatorship has experienced trauma, may continue to experience
161	161	trauma, and needs systems, practices, and policies that use
162	162	trauma-informed care.
163	163	(d) This section may not be construed to:
164	164	(1) create a legal presumption against a parent in:
165	165	(A) an investigation conducted by the department
166	166	under Chapter 261, Family Code; or
167	167	(B) a suit affecting the parent-child
168	168	relationship under Chapter 262, Family Code; or
169	169	(2) relieve the department from any burden of proof
170	170	required in a suit affecting the parent-child relationship under
171	171	Chapter 262, Family Code.
172	172	Sec. 40.103. REGIONAL COORDINATORS. (a) The department
173	173	shall appoint at least two trauma-informed care coordinators in
174	174	each department region who have substantial expertise and
175	175	experience in at least one trauma-informed care model.
176	176	(b) In appointing trauma-informed care coordinators, the
177	177	department shall ensure, if possible, that each coordinator
178	178	appointed in a region represents a different trauma-informed care
179	179	model.
180	180	(c) A trauma-informed care coordinator shall:
181	181	(1) organize and offer trauma-informed training; and
182	182	(2) offer coaching and support regarding
183	183	trauma-informed care within the coordinator's region.
184	184	Sec. 40.104. TRAUMA-INFORMED CARE TRAINING: DEPARTMENT
185	185	EMPLOYEES. (a) The department shall ensure that each department
186	186	employee who interacts with or makes decisions on behalf of a child
187	187	in the department's conservatorship receives trauma-informed care
188	188	training that provides the employee with a foundational level of
189	189	understanding of:
190	190	(1) trauma and adverse childhood experiences;
191	191	(2) the impact that trauma has on a child, including
192	192	how trauma may affect a child's behavior;
193	193	(3) attachment and how a lack of attachment may affect
194	194	a child;
195	195	(4) the role that trauma-informed care and services,
196	196	including strategies and interventions that build connection,
197	197	physical and psychological safety, and regulation of emotions, can
198	198	have in helping a child build resiliency and overcome the effects of
199	199	trauma and adverse childhood experiences;
200	200	(5) the importance of screening children for trauma
201	201	and considering a child's trauma history in making decisions that
202	202	affect the child;
203	203	(6) the risk of misdiagnosis and inappropriate use of
204	204	psychotropic medication for the treatment of children who have
205	205	experienced trauma;
206	206	(7) the potential for re-traumatization of children in
207	207	the department's conservatorship;
208	208	(8) the importance of working with other systems to
209	209	help a child receive trauma-informed care;
210	210	(9) the impact an adult's traumatic experiences can
211	211	have on the adult's interactions with a child and ways to avoid
212	212	secondary trauma; and
213	213	(10) the concepts, strategies, and skills most
214	214	appropriate for each person's role in a child's life.
215	215	(b) A department employee who submits proof to the
216	216	department that the employee has completed a training program
217	217	provided by another entity that meets the requirements described by
218	218	Subsection (a) satisfies the training requirements of this section.
219	219	Sec. 40.105. TRAUMA-INFORMED CARE TRAINING: ADMINISTRATIVE
220	220	EMPLOYEES. (a) In addition to the training required by Section
221	221	40.104, the department shall ensure that each department employee
222	222	who makes decisions on behalf of the department regarding the
223	223	department's organization, policy goals, and funding receives
224	224	training that teaches the employee to:
225	225	(1) support staff who provide trauma-informed care to
226	226	children and families;
227	227	(2) create organizational change to reduce
228	228	traumatizing practices and policies;
229	229	(3) identify and address practices or policies that
230	230	have a disproportionate or disparate impact on children who have
231	231	experienced trauma within diverse populations; and
232	232	(4) minimize secondary trauma for staff.
233	233	(b) The total amount of training under Section 40.104 and
234	234	this section must be at least eight hours.
235	235	(c) A department employee who submits proof to the
236	236	department that the employee has completed a training program
237	237	provided by another entity that meets the requirements described by
238	238	Subsection (a) satisfies the training requirements of this section.
239	239	Sec. 40.106. TRAUMA-INFORMED CARE TRAINING: REGIONAL
240	240	DIRECTORS AND SUPERVISORS. (a) In addition to the training
241	241	required by Section 40.104, the department shall ensure that each
242	242	department employee who serves as a regional director or mid-level
243	243	supervisor receives training that gives the employee the ability to
244	244	apply and teach to others how to:
245	245	(1) understand the difference between wilful
246	246	disobedience and trauma-induced behavior for a child who has
247	247	experienced trauma;
248	248	(2) recognize trauma triggers;
249	249	(3) identify practices and policies that may
250	250	re-traumatize children;
251	251	(4) identify appropriate treatments and
252	252	non-pharmacological interventions for children who have
253	253	experienced trauma;
254	254	(5) work with other staff, organizations, and
255	255	individuals to create a culture of trauma-informed care;
256	256	(6) learn and practice strategies that promote a
257	257	child's healing;
258	258	(7) advocate, as appropriate, on behalf of a child to
259	259	ensure that the child has access to trauma-informed care;
260	260	(8) effectively model trauma-informed strategies with
261	261	clients, as appropriate; and
262	262	(9) recognize the effects of secondary trauma and the
263	263	need for self-care.
264	264	(b) The total amount of training under Section 40.104 and
265	265	this section must be at least eight hours.
266	266	(c) The department shall provide to employees described by
267	267	Subsection (a) access to ongoing coaching regarding implementing
268	268	and using trauma-informed care principles to respond to the needs
269	269	of a child in the department's conservatorship.
270	270	(d) A department employee who submits proof to the
271	271	department that the employee has completed a training program
272	272	provided by another entity that meets the requirements described by
273	273	Subsection (a) satisfies the training requirements of this section.
274	274	Sec. 40.107. TRAUMA-INFORMED CARE TRAINING: CASEWORKERS
275	275	AND INVESTIGATORS. (a) In addition to the training required by
276	276	Section 40.104, the department shall ensure that each department
277	277	employee who serves as a caseworker or investigator receives
278	278	training that uses a research-supported, interactive
279	279	problem-solving model to give employees the ability to:
280	280	(1) understand the difference between wilful
281	281	disobedience and trauma-induced behavior for a child who has
282	282	experienced trauma;
283	283	(2) recognize trauma triggers;
284	284	(3) identify practices that may re-traumatize
285	285	children;
286	286	(4) learn and practice strategies and interventions
287	287	that promote a child's healing;
288	288	(5) through case study, scripted practice, role-play
289	289	activities, analysis, or facilitated discussion about experiences,
290	290	gain mastery of strategies and interventions that guide daily
291	291	interactions with a child who has experienced trauma;
292	292	(6) collaborate with other professionals or
293	293	caregivers to identify solutions to problems that arise because of
294	294	a child's trauma; and
295	295	(7) recognize effects of secondary trauma and the need
296	296	for self-care.
297	297	(b) The total amount of training under Section 40.104 and
298	298	this section must be at least 24 hours.
299	299	(c) The department shall provide to employees described by
300	300	Subsection (a) access to ongoing coaching regarding implementing
301	301	and using trauma-informed care principles to respond to the needs
302	302	of a child in the department's conservatorship.
303	303	(d) A department employee who submits proof to the
304	304	department that the employee has completed a training program
305	305	provided by another entity that meets the requirements described by
306	306	Subsection (a) satisfies the training requirements of this section.
307	307	Sec. 40.108. SPECIFIC MODEL NOT REQUIRED. The training
308	308	requirements of this subchapter do not require the use of any
309	309	specific training model or program.
310	310	SECTION 3. Section 264.015(b), Family Code, is repealed.
311	311	SECTION 4. The Department of Family and Protective Services
312	312	shall provide the training required by Subchapter D, Chapter 40,
313	313	Human Resources Code, as added by this Act, to the employees in two
314	314	or three department regions each fiscal year. The department shall
315	315	complete the training in all of the department's regions not later
316	316	than September 1, 2023.
317	317	SECTION 5. This Act takes effect September 1, 2019.