89R9402 AMF-D
By: Curry H.B. No. 4942
A BILL TO BE ENTITLED
AN ACT
relating to certain services and interventions ordered in a suit
affecting a parent-child relationship and to certain judicial
training requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.004, Family Code, is amended by
adding Subsection (f-1) to read as follows:
(f-1) The court may not require a party or a child to
participate in a service or intervention related to family violence
or child abuse or neglect unless:
(1) the service or intervention is evidence-based; and
(2) there is generally accepted proof of the
effectiveness, therapeutic value, and physical and psychological
safety of the service or intervention.
SECTION 2. Section 153.010(a), Family Code, is amended to
read as follows:
(a) If the court finds at the time of a hearing that the
parties have a history of conflict in resolving an issue of
conservatorship or possession of or access to the child, the court
may order a party to:
(1) participate in counseling with a mental health
professional who:
(A) has a background in family therapy;
(B) has a mental health license that requires as
a minimum a master's degree; and
(C) has training in family [domestic] violence or
child abuse and neglect if the court determines that the training is
relevant to the type of counseling needed; and
(2) pay the cost of counseling.
SECTION 3. Section 22.011(d), Government Code, is amended
to read as follows:
(d) The instruction must be evidence-based and include
information about:
(1) statutory and case law relating to videotaping a
child's testimony and relating to competency of children to
testify;
(2) methods for eliminating the trauma to the child
caused by the court process;
(3) case law, statutory law, and procedural rules
relating to family violence, sexual assault, trafficking of
persons, and child abuse;
(4) methods for providing protection for victims of
family violence, sexual assault, trafficking of persons, or child
abuse;
(5) available community and state resources for
counseling and other aid to victims and to offenders;
(6) gender bias in the judicial process;
(7) dynamics and effects of being a victim of family
violence, sexual assault, trafficking of persons, or child abuse;
[and]
(8) issues concerning sex offender characteristics;
and
(9) methods for evaluating the validity of a service
or intervention to address child abuse or neglect or family
violence that may be ordered by the court in a suit affecting the
parent-child relationship under Title 5, Family Code, to ensure the
service or intervention is effective, has therapeutic value, and is
physically and psychologically safe.
SECTION 4. Section 22.110(d), Government Code, is amended
to read as follows:
(d) The instruction must be evidence-based and include
information about:
(1) statutory and case law relating to videotaping a
child's testimony and relating to competency of children to
testify;
(2) methods for eliminating the trauma to the child
caused by the court process;
(3) case law, statutory law, and procedural rules
relating to family violence, sexual assault, trafficking of
persons, and child abuse and neglect;
(4) methods for providing protection for victims of
family violence, sexual assault, trafficking of persons, and child
abuse and neglect;
(5) available community and state resources for
counseling and other aid to victims and to offenders;
(6) gender bias in the judicial process;
(7) dynamics and effects of being a victim of sexual
assault, trafficking of persons, or child abuse and neglect;
(8) dynamics of sexual abuse of children, including
child abuse accommodation syndrome and grooming;
(9) impact of substance abuse on an unborn child and on
a person's ability to care for a child;
(10) issues of attachment and bonding between children
and caregivers;
(11) issues of child development that pertain to
trafficking of persons and child abuse and neglect;
(12) medical findings regarding physical abuse,
sexual abuse, trafficking of persons, and child abuse and neglect;
[and]
(13) dynamics of family violence; and
(14) methods for evaluating the validity of a service
or intervention to address family violence or child abuse or
neglect that may be ordered by the court in a suit affecting the
parent-child relationship under Title 5, Family Code, to ensure the
service or intervention is effective, has therapeutic value, and is
physically and psychologically safe.
SECTION 5. The changes in law made by this Act to Chapter
153, Family Code, apply to a suit affecting the parent-child
relationship that is pending in a trial court on the effective date
of this Act or that is filed on or after the effective date of this
Act.
SECTION 6. (a) As soon as practicable after the effective
date of this Act, the Supreme Court of Texas shall adopt the rules
necessary to provide the training required under Section 22.011,
Government Code, as amended by this Act.
(b) As soon as practicable after the effective date of this
Act, the Texas Court of Criminal Appeals shall adopt the rules
necessary to provide the training required under Section 22.110,
Government Code, as amended by this Act.
SECTION 7. This Act takes effect September 1, 2025.