Texas 2025 - 89th Regular

Texas House Bill HB4942 Compare Versions

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11 89R9402 AMF-D
22 By: Curry H.B. No. 4942
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to certain services and interventions ordered in a suit
1010 affecting a parent-child relationship and to certain judicial
1111 training requirements.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Section 153.004, Family Code, is amended by
1414 adding Subsection (f-1) to read as follows:
1515 (f-1) The court may not require a party or a child to
1616 participate in a service or intervention related to family violence
1717 or child abuse or neglect unless:
1818 (1) the service or intervention is evidence-based; and
1919 (2) there is generally accepted proof of the
2020 effectiveness, therapeutic value, and physical and psychological
2121 safety of the service or intervention.
2222 SECTION 2. Section 153.010(a), Family Code, is amended to
2323 read as follows:
2424 (a) If the court finds at the time of a hearing that the
2525 parties have a history of conflict in resolving an issue of
2626 conservatorship or possession of or access to the child, the court
2727 may order a party to:
2828 (1) participate in counseling with a mental health
2929 professional who:
3030 (A) has a background in family therapy;
3131 (B) has a mental health license that requires as
3232 a minimum a master's degree; and
3333 (C) has training in family [domestic] violence or
3434 child abuse and neglect if the court determines that the training is
3535 relevant to the type of counseling needed; and
3636 (2) pay the cost of counseling.
3737 SECTION 3. Section 22.011(d), Government Code, is amended
3838 to read as follows:
3939 (d) The instruction must be evidence-based and include
4040 information about:
4141 (1) statutory and case law relating to videotaping a
4242 child's testimony and relating to competency of children to
4343 testify;
4444 (2) methods for eliminating the trauma to the child
4545 caused by the court process;
4646 (3) case law, statutory law, and procedural rules
4747 relating to family violence, sexual assault, trafficking of
4848 persons, and child abuse;
4949 (4) methods for providing protection for victims of
5050 family violence, sexual assault, trafficking of persons, or child
5151 abuse;
5252 (5) available community and state resources for
5353 counseling and other aid to victims and to offenders;
5454 (6) gender bias in the judicial process;
5555 (7) dynamics and effects of being a victim of family
5656 violence, sexual assault, trafficking of persons, or child abuse;
5757 [and]
5858 (8) issues concerning sex offender characteristics;
5959 and
6060 (9) methods for evaluating the validity of a service
6161 or intervention to address child abuse or neglect or family
6262 violence that may be ordered by the court in a suit affecting the
6363 parent-child relationship under Title 5, Family Code, to ensure the
6464 service or intervention is effective, has therapeutic value, and is
6565 physically and psychologically safe.
6666 SECTION 4. Section 22.110(d), Government Code, is amended
6767 to read as follows:
6868 (d) The instruction must be evidence-based and include
6969 information about:
7070 (1) statutory and case law relating to videotaping a
7171 child's testimony and relating to competency of children to
7272 testify;
7373 (2) methods for eliminating the trauma to the child
7474 caused by the court process;
7575 (3) case law, statutory law, and procedural rules
7676 relating to family violence, sexual assault, trafficking of
7777 persons, and child abuse and neglect;
7878 (4) methods for providing protection for victims of
7979 family violence, sexual assault, trafficking of persons, and child
8080 abuse and neglect;
8181 (5) available community and state resources for
8282 counseling and other aid to victims and to offenders;
8383 (6) gender bias in the judicial process;
8484 (7) dynamics and effects of being a victim of sexual
8585 assault, trafficking of persons, or child abuse and neglect;
8686 (8) dynamics of sexual abuse of children, including
8787 child abuse accommodation syndrome and grooming;
8888 (9) impact of substance abuse on an unborn child and on
8989 a person's ability to care for a child;
9090 (10) issues of attachment and bonding between children
9191 and caregivers;
9292 (11) issues of child development that pertain to
9393 trafficking of persons and child abuse and neglect;
9494 (12) medical findings regarding physical abuse,
9595 sexual abuse, trafficking of persons, and child abuse and neglect;
9696 [and]
9797 (13) dynamics of family violence; and
9898 (14) methods for evaluating the validity of a service
9999 or intervention to address family violence or child abuse or
100100 neglect that may be ordered by the court in a suit affecting the
101101 parent-child relationship under Title 5, Family Code, to ensure the
102102 service or intervention is effective, has therapeutic value, and is
103103 physically and psychologically safe.
104104 SECTION 5. The changes in law made by this Act to Chapter
105105 153, Family Code, apply to a suit affecting the parent-child
106106 relationship that is pending in a trial court on the effective date
107107 of this Act or that is filed on or after the effective date of this
108108 Act.
109109 SECTION 6. (a) As soon as practicable after the effective
110110 date of this Act, the Supreme Court of Texas shall adopt the rules
111111 necessary to provide the training required under Section 22.011,
112112 Government Code, as amended by this Act.
113113 (b) As soon as practicable after the effective date of this
114114 Act, the Texas Court of Criminal Appeals shall adopt the rules
115115 necessary to provide the training required under Section 22.110,
116116 Government Code, as amended by this Act.
117117 SECTION 7. This Act takes effect September 1, 2025.