86R4841 MM-F
By: Miller H.B. No. 1638
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
and trauma-informed care training for certain department
employees.
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 include at least eight hours of
training in trauma-informed programs and services in any training
the department provides to foster parents, adoptive parents, and
kinship caregivers[, department caseworkers, and department
supervisors]. The trauma-informed training required by this
subsection must use a research-supported model and meet the
requirements of the training required under Sections 40.104 and
40.107, Human Resources Code.
(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 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 40.104 and 40.107, 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. DEFINITIONS. 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, maltreatment, and experiences that impact an
individual's brain, biology, behavior, beliefs, or body;
(C) community, peer, and school-based assault,
molestation, and severe bullying;
(D) severe physical, medical, and emotional
neglect;
(E) witnessing domestic violence;
(F) the impact of abrupt separation, serious and
pervasive disruptions in caregiving, and traumatic loss; and
(G) experiences that are a consequence of
historical, cultural, systemic, institutional, and
multigenerational abuse.
(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
the brain, biology, body, beliefs, and behavior;
(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, and learn to regulate emotions.
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:
(1) considers the impact of trauma, including the
emotional, behavioral, and physical effect on individuals and the
organizations, staff, and volunteers that work with those
individuals;
(2) examines an individual's behavior in the context
of coping strategies that are designed to survive adversity,
including a response to primary and secondary trauma;
(3) understands that the need for a trauma-informed
response is not limited to mental and behavioral health specialty
services but is integral to all organizations and systems involved;
(4) understands that a pharmacological response or
reducing the risk of repeat trauma alone cannot meet the needs of
vulnerable individuals, and building relationships, community, and
the feeling of safety are necessary for neuro-development and
healing from trauma;
(5) recognizes the signs of trauma and consistently
incorporates trauma screening and assessment into all aspects of
work, including interactions with individuals, staff, volunteers,
and organizations supporting those individuals;
(6) applies the principles of a trauma-informed
approach to all areas of functioning, including:
(A) staff and volunteer training on trauma and
trauma-informed practices;
(B) leadership that realizes the role of trauma
in staff members and the individuals served; and
(C) policies and practices that ensure the
following are addressed:
(i) a focus on the relational needs of
individuals, with special attention toward building and
strengthening secure attachments based on trust; and
(ii) the creation of an environment of
physical, social, and psychological safety that meets the
individual's physiological needs that includes:
(a) good nutrition, adequate sleep,
attention to sensory needs, and regular physical activity; and
(b) providing structured experiences
and opportunities for empowerment and self-efficacy, enhancing
emotional and behavioral self-regulation, mindful awareness, and
the ability to use proactive strategies for behavioral change;
(7) avoids re-traumatization by recognizing how
department practices such as placement disruptions, seclusion,
restraints, and abrupt transitions can cause additional harm and
interfere with healing;
(8) continually evaluates and improves methods,
practices, and approaches; and
(9) builds resiliency in individuals and fosters the
ability to understand and effectively model, practice, and
implement characteristics of a secure person, including the ability
to express the individual's own needs, give nurturing care, and ask
for care.
(b) The department may leverage outside resources and
coordinate state resources toward implementing trauma-informed
care for children who are in the department's conservatorship or
receiving family-based safety services and shall:
(1) implement the transition to a trauma-informed
system of care described by Subsection (a) for children in the
department's conservatorship;
(2) ensure 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) adopt 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.
(c) For purposes of providing any service to a child, the
department shall presume that each child in the department's
conservatorship has experienced trauma, may continue to experience
trauma, and needs systems, practices, and policies that use
trauma-informed care.
(d) 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 training; and
(2) offer coaching and support regarding
trauma-informed care within the coordinator's region.
Sec. 40.104. TRAUMA-INFORMED CARE TRAINING: DEPARTMENT
EMPLOYEES. (a) 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) trauma and adverse childhood experiences;
(2) the impact that trauma has on a child, including
how trauma may affect a child's behavior;
(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,
physical and psychological safety, and regulation of 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 considering a child's trauma history in making decisions that
affect the child;
(6) the risk of misdiagnosis and inappropriate use of
psychotropic medication for the treatment of children who have
experienced trauma;
(7) the potential for re-traumatization of children in
the department's conservatorship;
(8) the importance of working with other systems to
help a child receive trauma-informed care;
(9) the impact an adult's traumatic experiences can
have on the adult's interactions with a child and ways to avoid
secondary trauma; and
(10) the concepts, strategies, and skills most
appropriate for each person's role in a child's life.
(b) A department employee who submits proof to the
department that the employee has completed a training program
provided by another entity that meets the requirements described by
Subsection (a) satisfies the training requirements of this section.
Sec. 40.105. TRAUMA-INFORMED CARE TRAINING: ADMINISTRATIVE
EMPLOYEES. (a) In addition to the training required by Section
40.104, 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 40.104 and
this section must be at least eight hours.
(c) A department employee who submits proof to the
department that the employee has completed a training program
provided by another entity that meets the requirements described by
Subsection (a) satisfies the training requirements of this section.
Sec. 40.106. TRAUMA-INFORMED CARE TRAINING: REGIONAL
DIRECTORS AND SUPERVISORS. (a) In addition to the training
required by Section 40.104, 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 the difference between wilful
disobedience and trauma-induced behavior for a child who has
experienced trauma;
(2) recognize trauma triggers;
(3) identify practices and policies that may
re-traumatize children;
(4) identify appropriate treatments and
non-pharmacological interventions for children who have
experienced trauma;
(5) work with other staff, organizations, and
individuals to create a culture of trauma-informed care;
(6) learn and practice strategies that promote a
child's healing;
(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 40.104 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.
(d) A department employee who submits proof to the
department that the employee has completed a training program
provided by another entity that meets the requirements described by
Subsection (a) satisfies the training requirements of this section.
Sec. 40.107. TRAUMA-INFORMED CARE TRAINING: CASEWORKERS
AND INVESTIGATORS. (a) In addition to the training required by
Section 40.104, the department shall ensure that each department
employee who serves as a caseworker or investigator receives
training that uses a research-supported, interactive
problem-solving model to give employees the ability to:
(1) understand the difference between wilful
disobedience and trauma-induced behavior for a child who has
experienced trauma;
(2) recognize trauma triggers;
(3) identify practices that may re-traumatize
children;
(4) learn and practice strategies and interventions
that promote a child's healing;
(5) 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;
(6) collaborate with other professionals or
caregivers to identify solutions to problems that arise because of
a child's trauma; and
(7) recognize effects of secondary trauma and the need
for self-care.
(b) The total amount of training under Section 40.104 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.
(d) A department employee who submits proof to the
department that the employee has completed a training program
provided by another entity that meets the requirements described by
Subsection (a) satisfies the training requirements of this section.
Sec. 40.108. 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.