Texas 2019 - 86th Regular

Texas Senate Bill SB2419 Compare Versions

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

Old	New	Differences
1	1	86R4840 MM-F
2	2	By: Fallon S.B. No. 2419
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
9	9	Services, trauma-informed care training for certain department
10	10	employees, and the establishment of the Trauma-Informed Care Task
11	11	Force.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 264.015, Family Code, is amended by
14	14	amending Subsection (a) and adding Subsections (a-1) and (a-2) to
15	15	read as follows:
16	16	(a) The department shall include at least eight hours of
17	17	training in trauma-informed programs and services in any training
18	18	the department provides to foster parents, adoptive parents, and
19	19	kinship caregivers[, department caseworkers, and department
20	20	supervisors]. The trauma-informed training required by this
21	21	subsection must use a research-supported model and meet the
22	22	requirements of the training required under Sections 40.105 and
23	23	40.108, Human Resources Code.
24	24	(a-1) The department shall pay for the training provided
25	25	under Subsection (a) [this subsection] with gifts, donations, and
26	26	grants and any federal money available through the Fostering
27	27	Connections to Success and Increasing Adoptions Act of 2008 (Pub.
28	28	L. No. 110-351). The department shall annually evaluate the
29	29	effectiveness of the training provided under this subsection to
30	30	ensure progress toward a trauma-informed system of care.
31	31	(a-2) The department may exempt from the training required
32	32	by Subsection (a) any individual who submits proof to the
33	33	department that the individual has received training that meets the
34	34	requirements of Sections 40.105 and 40.108, Human Resources Code.
35	35	SECTION 2. Chapter 40, Human Resources Code, is amended by
36	36	adding Subchapter D to read as follows:
37	37	SUBCHAPTER D. TRAUMA-INFORMED CARE
38	38	Sec. 40.101. DEFINITIONS. In this subchapter:
39	39	(1) "Trauma" means the range of maltreatment,
40	40	interpersonal violence, abuse, assault, and neglect experiences
41	41	encountered by children, adolescents, and adults, including:
42	42	(A) physical, sexual, and emotional abuse;
43	43	(B) interpersonal or relational trauma from
44	44	abuse, neglect, maltreatment, and experiences that impact an
45	45	individual's brain, biology, behavior, beliefs, or body;
46	46	(C) community, peer, and school-based assault,
47	47	molestation, and severe bullying;
48	48	(D) severe physical, medical, and emotional
49	49	neglect;
50	50	(E) witnessing domestic violence;
51	51	(F) the impact of abrupt separation, serious and
52	52	pervasive disruptions in caregiving, and traumatic loss; and
53	53	(G) experiences that are a consequence of
54	54	historical, cultural, systemic, institutional, and
55	55	multigenerational abuse.
56	56	(2) "Trauma-informed care," "trauma-informed
57	57	program," or "trauma-informed service" means care or a program or
58	58	service that is person-centered, avoids re-traumatization, and
59	59	takes into account:
60	60	(A) the impact that traumatic experiences have on
61	61	the brain, biology, body, beliefs, and behavior;
62	62	(B) the symptoms of trauma;
63	63	(C) an individual's personal trauma history;
64	64	(D) an individual's trauma triggers; and
65	65	(E) methods for addressing the traumatized
66	66	individual's needs by helping the individual feel safe, build
67	67	relationships, and learn to regulate emotions.
68	68	Sec. 40.102. TRAUMA-INFORMED SYSTEM OF CARE. (a) The
69	69	department shall ensure that the child protective services division
70	70	of the department transitions to a trauma-informed system of care
71	71	that:
72	72	(1) considers the impact of trauma, including the
73	73	emotional, behavioral, and physical effect on individuals and the
74	74	organizations, staff, and volunteers that work with those
75	75	individuals;
76	76	(2) examines an individual's behavior in the context
77	77	of coping strategies that are designed to survive adversity,
78	78	including a response to primary and secondary trauma;
79	79	(3) understands that the need for a trauma-informed
80	80	response is not limited to mental and behavioral health specialty
81	81	services but is integral to all organizations and systems involved;
82	82	(4) understands that a pharmacological response or
83	83	reducing the risk of repeat trauma alone cannot meet the needs of
84	84	vulnerable individuals, and building relationships, community, and
85	85	the feeling of safety are necessary for neuro-development and
86	86	healing from trauma;
87	87	(5) recognizes the signs of trauma and consistently
88	88	incorporates trauma screening and assessment into all aspects of
89	89	work, including interactions with individuals, staff, volunteers,
90	90	and organizations supporting those individuals;
91	91	(6) applies the principles of a trauma-informed
92	92	approach to all areas of functioning, including:
93	93	(A) staff and volunteer training on trauma and
94	94	trauma-informed practices;
95	95	(B) leadership that realizes the role of trauma
96	96	in staff members and the individuals served; and
97	97	(C) policies and practices that ensure the
98	98	following are addressed:
99	99	(i) a focus on the relational needs of
100	100	individuals, with special attention toward building and
101	101	strengthening secure attachments based on trust; and
102	102	(ii) the creation of an environment of
103	103	physical, social, and psychological safety that meets the
104	104	individual's physiological needs that includes:
105	105	(a) good nutrition, adequate sleep,
106	106	attention to sensory needs, and regular physical activity; and
107	107	(b) providing structured experiences
108	108	and opportunities for empowerment and self-efficacy, enhancing
109	109	emotional and behavioral self-regulation, mindful awareness, and
110	110	the ability to use proactive strategies for behavioral change;
111	111	(7) avoids re-traumatization by recognizing how
112	112	department practices such as placement disruptions, seclusion,
113	113	restraints, and abrupt transitions can cause additional harm and
114	114	interfere with healing;
115	115	(8) continually evaluates and improves methods,
116	116	practices, and approaches; and
117	117	(9) builds resiliency in individuals and fosters the
118	118	ability to understand and effectively model, practice, and
119	119	implement characteristics of a secure person, including the ability
120	120	to express the individual's own needs, give nurturing care, and ask
121	121	for care.
122	122	(b) For purposes of providing any service to a child, the
123	123	department shall presume that each child in the department's
124	124	conservatorship has experienced trauma, may continue to experience
125	125	trauma, and needs systems, practices, and policies that use
126	126	trauma-informed care.
127	127	(c) This section may not be construed to:
128	128	(1) create a legal presumption against a parent in:
129	129	(A) an investigation conducted by the department
130	130	under Chapter 261, Family Code; or
131	131	(B) a suit affecting the parent-child
132	132	relationship under Chapter 262, Family Code; or
133	133	(2) relieve the department from any burden of proof
134	134	required in a suit affecting the parent-child relationship under
135	135	Chapter 262, Family Code.
136	136	Sec. 40.103. REGIONAL COORDINATORS. (a) The department
137	137	shall appoint at least two trauma-informed care coordinators in
138	138	each department region who have substantial expertise and
139	139	experience in at least one trauma-informed care model.
140	140	(b) In appointing trauma-informed care coordinators, the
141	141	department shall ensure, if possible, that each coordinator
142	142	appointed in a region represents a different trauma-informed care
143	143	model.
144	144	(c) A trauma-informed care coordinator shall:
145	145	(1) organize and offer trauma-informed training; and
146	146	(2) offer coaching and support regarding
147	147	trauma-informed care within the coordinator's region.
148	148	Sec. 40.104. TRAUMA-INFORMED CARE TASK FORCE. (a) In this
149	149	section, "task force" means the Trauma-Informed Care Task Force
150	150	created under this section.
151	151	(b) The governor shall establish the Trauma-Informed Care
152	152	Task Force in the department. The task force is composed of five
153	153	members of the public appointed by the governor who work in the
154	154	field of trauma-informed care. The governor shall designate a
155	155	member of the task force as the presiding officer of the task force
156	156	to serve in that capacity at the pleasure of the governor.
157	157	(c) A vacancy on the task force shall be filled in the same
158	158	manner as the original appointment.
159	159	(d) A member of the task force is not entitled to
160	160	compensation or reimbursement of expenses incurred in performing
161	161	duties related to the task force.
162	162	(e) The department shall provide reasonably necessary
163	163	administrative and technical support to the task force.
164	164	(f) The department may accept on behalf of the task force a
165	165	gift, grant, or donation from any source to carry out the purposes
166	166	of the task force.
167	167	(g) The task force shall meet at least quarterly at the call
168	168	of the presiding officer. The task force may meet at other times as
169	169	determined by the presiding officer.
170	170	(h) The task force shall assist the department in:
171	171	(1) implementing the transition to a trauma-informed
172	172	system of care for children in the department's conservatorship;
173	173	(2) leveraging outside resources and coordinating
174	174	state resources toward implementing trauma-informed care for
175	175	children who are:
176	176	(A) in the department's conservatorship; or
177	177	(B) receiving family-based safety services;
178	178	(3) ensuring that all department employees who
179	179	interact with or make decisions on behalf of children in the
180	180	department's conservatorship receive appropriate trauma-informed
181	181	care training; and
182	182	(4) adopting trauma-informed practices and policies
183	183	to reduce:
184	184	(A) the number of placement changes for children
185	185	in the department's conservatorship;
186	186	(B) foster parent turnover;
187	187	(C) the number of children in the department's
188	188	conservatorship who are unable to be placed with adoptive parents;
189	189	(D) caseworker attrition;
190	190	(E) the number of children in the department's
191	191	conservatorship who run away from the child's placement;
192	192	(F) the amount of psychotropic medications
193	193	prescribed to children in the department's conservatorship;
194	194	(G) the number of children in the department's
195	195	conservatorship whose level of care increases;
196	196	(H) the number of children in the department's
197	197	conservatorship who are placed in psychiatric facilities or
198	198	residential treatment centers;
199	199	(I) the number of young adults who have
200	200	difficulty functioning independently after transitioning out of
201	201	the department's conservatorship; and
202	202	(J) the amount of money that the state spends on
203	203	services for adults who:
204	204	(i) did not receive trauma-informed care
205	205	when they were in the department's conservatorship; and
206	206	(ii) are unable to function independently
207	207	as adults or are incarcerated or homeless.
208	208	(i) Chapter 2110, Government Code, does not apply to the
209	209	task force.
210	210	(j) The task force is abolished and this section expires
211	211	September 1, 2023.
212	212	Sec. 40.105. TRAUMA-INFORMED CARE TRAINING: DEPARTMENT
213	213	EMPLOYEES. The department shall ensure that each department
214	214	employee who interacts with or makes decisions on behalf of a child
215	215	in the department's conservatorship receives trauma-informed care
216	216	training that provides the employee with a foundational level of
217	217	understanding of:
218	218	(1) trauma and adverse childhood experiences;
219	219	(2) the impact that trauma has on a child, including
220	220	how trauma may affect a child's behavior;
221	221	(3) attachment and how a lack of attachment may affect
222	222	a child;
223	223	(4) the role that trauma-informed care and services,
224	224	including strategies and interventions that build connection,
225	225	physical and psychological safety, and regulation of emotions, can
226	226	have in helping a child build resiliency and overcome the effects of
227	227	trauma and adverse childhood experiences;
228	228	(5) the importance of screening children for trauma
229	229	and the risk of mislabeling and inappropriate treatment of children
230	230	without proper screening;
231	231	(6) the potential for re-traumatization of children in
232	232	the department's conservatorship;
233	233	(7) the importance of working with other systems to
234	234	help a child receive trauma-informed care;
235	235	(8) the impact an adult's traumatic experiences can
236	236	have on the adult's interactions with a child and ways to avoid
237	237	secondary trauma; and
238	238	(9) the concepts, strategies, and skills most
239	239	appropriate for each person's role in a child's life.
240	240	Sec. 40.106. TRAUMA-INFORMED CARE TRAINING: ADMINISTRATIVE
241	241	EMPLOYEES. (a) In addition to the training required by Section
242	242	40.105, the department shall ensure that each department employee
243	243	who makes decisions on behalf of the department regarding the
244	244	department's organization, policy goals, and funding receives
245	245	training that teaches the employee to:
246	246	(1) support staff who provide trauma-informed care to
247	247	children and families;
248	248	(2) create organizational change to reduce
249	249	traumatizing practices and policies;
250	250	(3) identify and address practices or policies that
251	251	have a disproportionate or disparate impact on children who have
252	252	experienced trauma within diverse populations; and
253	253	(4) minimize secondary trauma for staff.
254	254	(b) The total amount of training under Section 40.105 and
255	255	this section must be at least eight hours.
256	256	Sec. 40.107. TRAUMA-INFORMED CARE TRAINING: REGIONAL
257	257	DIRECTORS AND SUPERVISORS. (a) In addition to the training
258	258	required by Section 40.105, the department shall ensure that each
259	259	department employee who serves as a regional director or mid-level
260	260	supervisor receives training that gives the employee the ability to
261	261	apply and teach to others how to:
262	262	(1) understand the difference between wilful
263	263	disobedience and trauma-induced behavior for a child who has
264	264	experienced trauma;
265	265	(2) recognize trauma triggers;
266	266	(3) identify practices and policies that may
267	267	re-traumatize children;
268	268	(4) identify appropriate treatments and
269	269	non-pharmacological interventions for children who have
270	270	experienced trauma;
271	271	(5) work with other staff, organizations, and
272	272	individuals to create a culture of trauma-informed care;
273	273	(6) learn and practice strategies that promote a
274	274	child's healing;
275	275	(7) advocate, as appropriate, on behalf of a child to
276	276	ensure that the child has access to trauma-informed care;
277	277	(8) effectively model trauma-informed strategies with
278	278	clients, as appropriate; and
279	279	(9) recognize the effects of secondary trauma and the
280	280	need for self-care.
281	281	(b) The total amount of training under Section 40.105 and
282	282	this section must be at least eight hours.
283	283	(c) The department shall provide to employees described by
284	284	Subsection (a) access to ongoing coaching regarding implementing
285	285	and using trauma-informed care principles to respond to the needs
286	286	of a child in the department's conservatorship.
287	287	Sec. 40.108. TRAUMA-INFORMED CARE TRAINING: CASEWORKERS
288	288	AND INVESTIGATORS. (a) In addition to the training required by
289	289	Section 40.105, the department shall ensure that each department
290	290	employee who serves as a caseworker or investigator receives
291	291	training that uses a research-supported, interactive and
292	292	problem-solving model to give employees the ability to:
293	293	(1) understand the difference between wilful
294	294	disobedience and trauma-induced behavior for a child who has
295	295	experienced trauma;
296	296	(2) recognize trauma triggers;
297	297	(3) identify practices that may re-traumatize
298	298	children;
299	299	(4) learn and practice strategies and interventions
300	300	that promote a child's healing;
301	301	(5) through case study, scripted practice, role-play
302	302	activities, analysis, or facilitated discussion about experiences,
303	303	gain mastery of strategies and interventions that guide daily
304	304	interactions with a child who has experienced trauma;
305	305	(6) collaborate with other professionals or
306	306	caregivers to identify solutions to problems that arise because of
307	307	a child's trauma; and
308	308	(7) recognize effects of secondary trauma and the need
309	309	for self-care.
310	310	(b) The total amount of training under Section 40.105 and
311	311	this section must be at least 24 hours.
312	312	(c) The department shall provide to employees described by
313	313	Subsection (a) access to ongoing coaching regarding implementing
314	314	and using trauma-informed care principles to respond to the needs
315	315	of a child in the department's conservatorship.
316	316	Sec. 40.109. SPECIFIC MODEL NOT REQUIRED. The training
317	317	requirements of this subchapter do not require the use of any
318	318	specific training model or program.
319	319	SECTION 3. Section 264.015(b), Family Code, is repealed.
320	320	SECTION 4. The Department of Family and Protective Services
321	321	shall provide the training required by Subchapter D, Chapter 40,
322	322	Human Resources Code, as added by this Act, to the employees in two
323	323	or three department regions each fiscal year. The department shall
324	324	complete the training in all of the department's regions not later
325	325	than September 1, 2023.
326	326	SECTION 5. This Act takes effect September 1, 2019.