1 | 1 | | 89R9402 AMF-D |
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2 | 2 | | By: Curry H.B. No. 4942 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to certain services and interventions ordered in a suit |
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10 | 10 | | affecting a parent-child relationship and to certain judicial |
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11 | 11 | | training requirements. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 153.004, Family Code, is amended by |
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14 | 14 | | adding Subsection (f-1) to read as follows: |
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15 | 15 | | (f-1) The court may not require a party or a child to |
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16 | 16 | | participate in a service or intervention related to family violence |
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17 | 17 | | or child abuse or neglect unless: |
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18 | 18 | | (1) the service or intervention is evidence-based; and |
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19 | 19 | | (2) there is generally accepted proof of the |
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20 | 20 | | effectiveness, therapeutic value, and physical and psychological |
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21 | 21 | | safety of the service or intervention. |
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22 | 22 | | SECTION 2. Section 153.010(a), Family Code, is amended to |
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23 | 23 | | read as follows: |
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24 | 24 | | (a) If the court finds at the time of a hearing that the |
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25 | 25 | | parties have a history of conflict in resolving an issue of |
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26 | 26 | | conservatorship or possession of or access to the child, the court |
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27 | 27 | | may order a party to: |
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28 | 28 | | (1) participate in counseling with a mental health |
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29 | 29 | | professional who: |
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30 | 30 | | (A) has a background in family therapy; |
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31 | 31 | | (B) has a mental health license that requires as |
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32 | 32 | | a minimum a master's degree; and |
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33 | 33 | | (C) has training in family [domestic] violence or |
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34 | 34 | | child abuse and neglect if the court determines that the training is |
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35 | 35 | | relevant to the type of counseling needed; and |
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36 | 36 | | (2) pay the cost of counseling. |
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37 | 37 | | SECTION 3. Section 22.011(d), Government Code, is amended |
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38 | 38 | | to read as follows: |
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39 | 39 | | (d) The instruction must be evidence-based and include |
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40 | 40 | | information about: |
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41 | 41 | | (1) statutory and case law relating to videotaping a |
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42 | 42 | | child's testimony and relating to competency of children to |
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43 | 43 | | testify; |
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44 | 44 | | (2) methods for eliminating the trauma to the child |
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45 | 45 | | caused by the court process; |
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46 | 46 | | (3) case law, statutory law, and procedural rules |
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47 | 47 | | relating to family violence, sexual assault, trafficking of |
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48 | 48 | | persons, and child abuse; |
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49 | 49 | | (4) methods for providing protection for victims of |
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50 | 50 | | family violence, sexual assault, trafficking of persons, or child |
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51 | 51 | | abuse; |
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52 | 52 | | (5) available community and state resources for |
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53 | 53 | | counseling and other aid to victims and to offenders; |
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54 | 54 | | (6) gender bias in the judicial process; |
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55 | 55 | | (7) dynamics and effects of being a victim of family |
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56 | 56 | | violence, sexual assault, trafficking of persons, or child abuse; |
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57 | 57 | | [and] |
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58 | 58 | | (8) issues concerning sex offender characteristics; |
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59 | 59 | | and |
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60 | 60 | | (9) methods for evaluating the validity of a service |
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61 | 61 | | or intervention to address child abuse or neglect or family |
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62 | 62 | | violence that may be ordered by the court in a suit affecting the |
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63 | 63 | | parent-child relationship under Title 5, Family Code, to ensure the |
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64 | 64 | | service or intervention is effective, has therapeutic value, and is |
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65 | 65 | | physically and psychologically safe. |
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66 | 66 | | SECTION 4. Section 22.110(d), Government Code, is amended |
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67 | 67 | | to read as follows: |
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68 | 68 | | (d) The instruction must be evidence-based and include |
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69 | 69 | | information about: |
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70 | 70 | | (1) statutory and case law relating to videotaping a |
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71 | 71 | | child's testimony and relating to competency of children to |
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72 | 72 | | testify; |
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73 | 73 | | (2) methods for eliminating the trauma to the child |
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74 | 74 | | caused by the court process; |
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75 | 75 | | (3) case law, statutory law, and procedural rules |
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76 | 76 | | relating to family violence, sexual assault, trafficking of |
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77 | 77 | | persons, and child abuse and neglect; |
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78 | 78 | | (4) methods for providing protection for victims of |
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79 | 79 | | family violence, sexual assault, trafficking of persons, and child |
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80 | 80 | | abuse and neglect; |
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81 | 81 | | (5) available community and state resources for |
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82 | 82 | | counseling and other aid to victims and to offenders; |
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83 | 83 | | (6) gender bias in the judicial process; |
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84 | 84 | | (7) dynamics and effects of being a victim of sexual |
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85 | 85 | | assault, trafficking of persons, or child abuse and neglect; |
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86 | 86 | | (8) dynamics of sexual abuse of children, including |
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87 | 87 | | child abuse accommodation syndrome and grooming; |
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88 | 88 | | (9) impact of substance abuse on an unborn child and on |
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89 | 89 | | a person's ability to care for a child; |
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90 | 90 | | (10) issues of attachment and bonding between children |
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91 | 91 | | and caregivers; |
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92 | 92 | | (11) issues of child development that pertain to |
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93 | 93 | | trafficking of persons and child abuse and neglect; |
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94 | 94 | | (12) medical findings regarding physical abuse, |
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95 | 95 | | sexual abuse, trafficking of persons, and child abuse and neglect; |
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96 | 96 | | [and] |
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97 | 97 | | (13) dynamics of family violence; and |
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98 | 98 | | (14) methods for evaluating the validity of a service |
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99 | 99 | | or intervention to address family violence or child abuse or |
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100 | 100 | | neglect that may be ordered by the court in a suit affecting the |
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101 | 101 | | parent-child relationship under Title 5, Family Code, to ensure the |
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102 | 102 | | service or intervention is effective, has therapeutic value, and is |
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103 | 103 | | physically and psychologically safe. |
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104 | 104 | | SECTION 5. The changes in law made by this Act to Chapter |
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105 | 105 | | 153, Family Code, apply to a suit affecting the parent-child |
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106 | 106 | | relationship that is pending in a trial court on the effective date |
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107 | 107 | | of this Act or that is filed on or after the effective date of this |
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108 | 108 | | Act. |
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109 | 109 | | SECTION 6. (a) As soon as practicable after the effective |
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110 | 110 | | date of this Act, the Supreme Court of Texas shall adopt the rules |
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111 | 111 | | necessary to provide the training required under Section 22.011, |
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112 | 112 | | Government Code, as amended by this Act. |
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113 | 113 | | (b) As soon as practicable after the effective date of this |
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114 | 114 | | Act, the Texas Court of Criminal Appeals shall adopt the rules |
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115 | 115 | | necessary to provide the training required under Section 22.110, |
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116 | 116 | | Government Code, as amended by this Act. |
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117 | 117 | | SECTION 7. This Act takes effect September 1, 2025. |
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