Texas 2021 - 87th Regular

Texas House Bill HB564 Compare Versions

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

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1	1	By: Lopez H.B. No. 564
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to trauma-informed care for children in the
7	7	conservatorship of the Department of Family and Protective
8	8	Services, trauma-informed care training for certain department
9	9	employees, and the establishment of the Trauma-Informed Care Task
10	10	Force.
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 require [include training in
16	16	trauma-informed programs and services in any training the
17	17	department provides to] foster parents, adoptive parents, and
18	18	kinship caregivers to receive training in trauma-informed care[,
19	19	department caseworkers, and department supervisors]. The
20	20	trauma-informed training required by this subsection:
21	21	(1) must use a research-supported or evidence-based
22	22	model;
23	23	(2) must meet the requirements of the training
24	24	required under Sections 40.105 and 40.108, Human Resources Code;
25	25	and
26	26	(3) may include faith-based programs that meet the
27	27	criteria described by Subdivisions (1) and (2).
28	28	(a-1) The department shall pay for the training provided
29	29	under Subsection (a) [this subsection] with gifts, donations, and
30	30	grants and any federal money available through the Fostering
31	31	Connections to Success and Increasing Adoptions Act of 2008
32	32	(Pub. L. No. 110-351). The department shall annually evaluate the
33	33	effectiveness of the training provided under Subsection (a) [this
34	34	subsection] to ensure progress toward a trauma-informed system of
35	35	care.
36	36	(a-2) The department may exempt from the training required
37	37	by Subsection (a) any individual who submits proof to the
38	38	department that the individual has received training that meets the
39	39	requirements of Sections 40.105 and 40.108, Human Resources Code.
40	40	SECTION 2. Chapter 40, Human Resources Code, is amended by
41	41	adding Subchapter D to read as follows:
42	42	SUBCHAPTER D. TRAUMA-INFORMED CARE
43	43	Sec. 40.101. DEFINITION OF TRAUMA AND TRAUMA-INFORMED CARE.
44	44	(a) Except as provided by Subsection (b), in this subchapter:
45	45	(1) "Trauma" means the range of maltreatment,
46	46	interpersonal violence, abuse, assault, and neglect experiences
47	47	encountered by children, adolescents, and adults, including:
48	48	(A) physical, sexual, and emotional abuse;
49	49	(B) interpersonal or relational trauma from
50	50	abuse, neglect, and maltreatment;
51	51	(C) community, peer, and school-based assault,
52	52	molestation, and severe bullying;
53	53	(D) severe physical, medical, and emotional
54	54	neglect;
55	55	(E) witnessing domestic violence; and
56	56	(F) the impact of abrupt separation, serious and
57	57	pervasive disruptions in caregiving, and traumatic loss.
58	58	(2) "Trauma-informed care," "trauma-informed
59	59	program," or "trauma-informed service" means care or a program or
60	60	service that is person-centered, avoids re-traumatization, and
61	61	takes into account:
62	62	(A) the impact that traumatic experiences have on
63	63	an individual's brain development and cognitive, emotional,
64	64	physical, and behavioral functioning;
65	65	(B) the symptoms of trauma;
66	66	(C) an individual's personal trauma history;
67	67	(D) an individual's trauma triggers; and
68	68	(E) methods for addressing the traumatized
69	69	individual's needs by helping the individual feel safe, build
70	70	relationships, learn to regulate emotions, and build resiliency.
71	71	(b) The definitions of "trauma" and "trauma-informed care"
72	72	under Subsection (a) do not apply if the commissioner adopts rules
73	73	defining those terms.
74	74	(c) Not later than December 1, 2021, the commissioner of the
75	75	department shall adopt rules defining "trauma" and
76	76	"trauma-informed care" for purposes of this subchapter using a
77	77	negotiated rulemaking process under Chapter 2008, Government Code.
78	78	In adopting rules under this subsection, the commissioner shall
79	79	consider the definitions under Subsection (a). This subsection
80	80	expires September 1, 2021.
81	81	Sec. 40.102. TRAUMA-INFORMED SYSTEM OF CARE. (a) The
82	82	department shall ensure that the child protective services division
83	83	of the department transitions to a trauma-informed system of care
84	84	that ensures that participants in the system:
85	85	(1) recognize the widespread impact of trauma and
86	86	understand the potential paths for recovery;
87	87	(2) recognize the signs and symptoms of trauma in
88	88	clients, families, staff, and others involved with the system;
89	89	(3) respond by fully integrating knowledge about
90	90	trauma and trauma-informed care into policies, procedures,
91	91	practices, and training, including the training required under
92	92	Sections 40.105 through 40.108; and
93	93	(4) seek to actively resist re-traumatization.
94	94	(b) This section may not be construed to:
95	95	(1) create a legal presumption against a parent in:
96	96	(A) an investigation conducted by the department
97	97	under Chapter 261, Family Code; or
98	98	(B) a suit affecting the parent-child
99	99	relationship under Chapter 262, Family Code; or
100	100	(2) relieve the department from any burden of proof
101	101	required in a suit affecting the parent-child relationship under
102	102	Chapter 262, Family Code.
103	103	Sec. 40.103. REGIONAL COORDINATORS. (a) The department
104	104	shall appoint at least two trauma-informed care coordinators in
105	105	each department region who have substantial expertise and
106	106	experience in at least one trauma-informed care model.
107	107	(b) In appointing trauma-informed care coordinators, the
108	108	department shall ensure, if possible, that each coordinator
109	109	appointed in a region represents a different trauma-informed care
110	110	model.
111	111	(c) A trauma-informed care coordinator shall:
112	112	(1) organize and offer trauma-informed care training;
113	113	and
114	114	(2) offer coaching and support regarding
115	115	trauma-informed care within the coordinator's region.
116	116	Sec. 40.104. TRAUMA-INFORMED CARE TASK FORCE. (a) In this
117	117	section, "task force" means the Trauma-Informed Care Task Force
118	118	created under this section.
119	119	(b) The department shall establish the Trauma-Informed Care
120	120	Task Force. The commissioner shall designate a member of the task
121	121	force as the presiding officer of the task force. The task force is
122	122	composed of:
123	123	(1) nine members of the public appointed by the
124	124	commissioner who work in the field of trauma-informed care;
125	125	(2) one member of the house of representatives
126	126	appointed by the speaker of the house of representatives; and
127	127	(3) one member of the senate appointed by the
128	128	lieutenant governor.
129	129	(c) A vacancy on the task force shall be filled in the same
130	130	manner as the original appointment.
131	131	(d) A member of the task force is not entitled to
132	132	compensation or reimbursement of expenses incurred in performing
133	133	duties related to the task force.
134	134	(e) The department shall provide reasonably necessary
135	135	administrative and technical support to the task force.
136	136	(f) The department may accept on behalf of the task force a
137	137	gift, grant, or donation from any source to carry out the purposes
138	138	of the task force.
139	139	(g) The task force shall meet at least quarterly at the call
140	140	of the presiding officer. The task force may meet at other times as
141	141	determined by the presiding officer.
142	142	(h) The task force shall assist the department in
143	143	implementing the transition to a trauma-informed system of care for
144	144	children in the department's conservatorship as described by
145	145	Section 40.102, by:
146	146	(1) leveraging outside resources and coordinating
147	147	state resources toward implementing trauma-informed care for
148	148	children who are:
149	149	(A) in the department's conservatorship; or
150	150	(B) receiving family-based safety services;
151	151	(2) ensuring that all department employees who
152	152	interact with or make decisions on behalf of children in the
153	153	department's conservatorship receive appropriate trauma-informed
154	154	care training; and
155	155	(3) adopting trauma-informed practices and policies
156	156	to reduce:
157	157	(A) the number of placement changes for children
158	158	in the department's conservatorship;
159	159	(B) foster parent turnover;
160	160	(C) the number of children in the department's
161	161	conservatorship who are unable to be placed with adoptive parents;
162	162	(D) caseworker attrition;
163	163	(E) the number of children in the department's
164	164	conservatorship who run away from the child's placement;
165	165	(F) the amount of psychotropic medications
166	166	prescribed to children in the department's conservatorship;
167	167	(G) the number of children in the department's
168	168	conservatorship whose level of care increases;
169	169	(H) the number of children in the department's
170	170	conservatorship who are placed in psychiatric facilities or
171	171	residential treatment centers;
172	172	(I) the number of young adults who have
173	173	difficulty functioning independently after transitioning out of
174	174	the department's conservatorship; and
175	175	(J) the amount of money that the state spends on
176	176	services for adults who:
177	177	(i) did not receive trauma-informed care
178	178	when they were in the department's conservatorship; and
179	179	(ii) are unable to function independently
180	180	as adults or are incarcerated or homeless.
181	181	(i) Chapter 2110, Government Code, does not apply to the
182	182	task force.
183	183	(j) Not later than December 1 of each even-numbered year,
184	184	the task force shall report to the legislature regarding the
185	185	department's progress toward transitioning to a trauma-informed
186	186	system of care and make recommendations for any legislative action.
187	187	(k) The task force is abolished and this section expires
188	188	September 1, 2025.
189	189	Sec. 40.105. TRAUMA-INFORMED CARE TRAINING: DEPARTMENT
190	190	EMPLOYEES. The department shall ensure that each department
191	191	employee who interacts with or makes decisions on behalf of a child
192	192	in the department's conservatorship receives trauma-informed care
193	193	training that provides the employee with a foundational level of
194	194	understanding of:
195	195	(1) symptoms of trauma and adverse childhood
196	196	experiences;
197	197	(2) the impact that trauma has on a child, including
198	198	how trauma may affect a child's brain development and cognitive,
199	199	emotional, physical, and behavioral functioning;
200	200	(3) attachment and how a lack of attachment may affect
201	201	a child;
202	202	(4) the role that trauma-informed care and services,
203	203	including strategies and interventions that build connection,
204	204	provide physical and psychological safety, and help the child learn
205	205	to regulate emotions, can have in helping a child build resiliency
206	206	and overcome the effects of trauma and adverse childhood
207	207	experiences;
208	208	(5) the importance of screening children for trauma
209	209	and the risk of mislabeling and inappropriate treatment of children
210	210	without proper screening;
211	211	(6) the potential for re-traumatization of children in
212	212	the department's conservatorship;
213	213	(7) the importance of working with other systems to
214	214	help a child receive trauma-informed care;
215	215	(8) the impact an adult's traumatic experiences can
216	216	have on the adult's interactions with a child and ways to avoid
217	217	secondary trauma; and
218	218	(9) the concepts, strategies, and skills most
219	219	appropriate for each person's role in a child's life.
220	220	Sec. 40.106. TRAUMA-INFORMED CARE TRAINING: ADMINISTRATIVE
221	221	EMPLOYEES. (a) In addition to the training required by Section
222	222	40.105, the department shall ensure that each department employee
223	223	who makes decisions on behalf of the department regarding the
224	224	department's organization, policy goals, and funding receives
225	225	training that teaches the employee to:
226	226	(1) support staff who provide trauma-informed care to
227	227	children and families;
228	228	(2) create organizational change to reduce
229	229	traumatizing practices and policies;
230	230	(3) identify and address practices or policies that
231	231	have a disproportionate or disparate impact on children who have
232	232	experienced trauma within diverse populations; and
233	233	(4) minimize secondary trauma for staff.
234	234	(b) The total amount of training under Section 40.105 and
235	235	this section must be at least eight hours.
236	236	Sec. 40.107. TRAUMA-INFORMED CARE TRAINING: REGIONAL
237	237	DIRECTORS AND SUPERVISORS. (a) In addition to the training
238	238	required by Section 40.105, the department shall ensure that each
239	239	department employee who serves as a regional director or mid-level
240	240	supervisor receives training that gives the employee the ability to
241	241	apply and teach to others how to:
242	242	(1) understand trauma-induced behaviors that a child
243	243	who has experienced trauma may exhibit;
244	244	(2) recognize trauma triggers;
245	245	(3) identify practices and policies that may
246	246	re-traumatize children;
247	247	(4) understand appropriate treatments and
248	248	non-pharmacological interventions for children who have
249	249	experienced trauma;
250	250	(5) work with other staff, organizations, and
251	251	individuals to create a trauma-informed system of care;
252	252	(6) learn and practice strategies that promote a
253	253	child's healing, including building connections, providing
254	254	physical and psychological safety, and helping the child learn to
255	255	regulate emotions;
256	256	(7) advocate, as appropriate, on behalf of a child to
257	257	ensure that the child has access to trauma-informed care;
258	258	(8) effectively model trauma-informed strategies with
259	259	clients, as appropriate; and
260	260	(9) recognize the effects of secondary trauma and the
261	261	need for self-care.
262	262	(b) The total amount of training under Section 40.105 and
263	263	this section must be at least eight hours.
264	264	(c) The department shall provide to employees described by
265	265	Subsection (a) access to ongoing coaching regarding implementing
266	266	and using trauma-informed care principles to respond to the needs
267	267	of a child in the department's conservatorship.
268	268	Sec. 40.108. TRAUMA-INFORMED CARE TRAINING: CASEWORKERS
269	269	AND INVESTIGATORS. (a) In addition to the training required by
270	270	Section 40.105, the department shall ensure that each department
271	271	employee who serves as a caseworker or investigator receives
272	272	training that uses a research-supported or evidence-based
273	273	interactive and problem-solving model to give employees the ability
274	274	to:
275	275	(1) understand trauma-induced behaviors that a child
276	276	who has experienced trauma may exhibit;
277	277	(2) recognize trauma triggers;
278	278	(3) identify practices that may re-traumatize
279	279	children;
280	280	(4) understand appropriate treatments and
281	281	non-pharmacological interventions for children who have
282	282	experienced trauma;
283	283	(5) learn and practice strategies and interventions
284	284	that promote a child's healing, including building connections,
285	285	providing physical and psychological safety, and helping the child
286	286	learn to regulate emotions;
287	287	(6) through case study, scripted practice, role-play
288	288	activities, analysis, or facilitated discussion about experiences,
289	289	gain mastery of strategies and interventions that guide daily
290	290	interactions with a child who has experienced trauma;
291	291	(7) collaborate with other professionals or
292	292	caregivers to identify solutions to issues that arise because of a
293	293	child's trauma; and
294	294	(8) recognize effects of secondary trauma and the need
295	295	for self-care.
296	296	(b) The total amount of training under Section 40.105 and
297	297	this section must be at least 24 hours.
298	298	(c) The department shall provide to employees described by
299	299	Subsection (a) access to ongoing coaching regarding implementing
300	300	and using trauma-informed care principles to respond to the needs
301	301	of a child in the department's conservatorship.
302	302	Sec. 40.109. SPECIFIC MODEL NOT REQUIRED. The training
303	303	requirements of this subchapter do not require the use of any
304	304	specific training model or program.
305	305	SECTION 3. Section 264.015(b), Family Code, is repealed.
306	306	SECTION 4. The Department of Family and Protective Services
307	307	shall provide the training required by Subchapter D, Chapter 40,
308	308	Human Resources Code, as added by this Act, to the employees in two
309	309	or three department regions each fiscal year. The department shall
310	310	complete the training in all of the department's regions not later
311	311	than September 1, 2023.
312	312	SECTION 5. This Act takes effect September 1, 2021.