85R19662 MM-D     By: Miller H.B. No. 2335     Substitute the following for H.B. No. 2335:     By:  Miller C.S.H.B. No. 2335       A BILL TO BE ENTITLED   AN ACT   relating to requiring evidence-based trauma training for certain   attorneys, court-appointed volunteer advocates, child-care   workers, and child protective services employees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 107.004(b-1), Family Code, is amended to   read as follows:          (b-1)  An attorney who is on the list maintained by the court   as being qualified for appointment as an attorney ad litem for a   child in a child protection case must:                (1)  complete at least three hours of continuing legal   education relating to the representation of a child in a proceeding   under Subtitle E each year before the anniversary date of the   attorney's listing; and                (2)  complete evidence-based trauma training,   including instruction regarding the practical application of the   training to the duties of an attorney ad litem.          SECTION 2.  Section 107.0131(a), Family Code, is amended to   read as follows:          (a)  An attorney ad litem appointed under Section 107.013 to   represent the interests of a parent:                (1)  shall:                      (A)  subject to Rules 4.02, 4.03, and 4.04, Texas   Disciplinary Rules of Professional Conduct, and within a reasonable   time after the appointment, interview:                            (i)  the parent, unless the parent's   location is unknown;                            (ii)  each person who has significant   knowledge of the case; and                            (iii)  the parties to the suit;                      (B)  investigate the facts of the case;                      (C)  to ensure competent representation at   hearings, mediations, pretrial matters, and the trial on the   merits:                            (i)  obtain and review copies of all court   files in the suit during the attorney ad litem's course of   representation; and                            (ii)  when necessary, conduct formal   discovery under the Texas Rules of Civil Procedure or the discovery   control plan;                      (D)  take any action consistent with the parent's   interests that the attorney ad litem considers necessary to   expedite the proceedings;                      (E)  encourage settlement and the use of   alternative forms of dispute resolution;                      (F)  review and sign, or decline to sign, a   proposed or agreed order affecting the parent;                      (G)  meet before each court hearing with the   parent, unless the court:                            (i)  finds at that hearing that the attorney   ad litem has shown good cause why the attorney ad litem's compliance   is not feasible; or                            (ii)  on a showing of good cause, authorizes   the attorney ad litem to comply by conferring with the parent, as   appropriate, by telephone or video conference;                      (H)  abide by the parent's objectives for   representation;                      (I)  become familiar with the American Bar   Association's standards of practice for attorneys who represent   parents in abuse and neglect cases; [and]                      (J)  complete at least three hours of continuing   legal education relating to representing parents in child   protection cases as described by Subsection (b) as soon as   practicable after the attorney ad litem is appointed, unless the   court finds that the attorney ad litem has experience equivalent to   that education; and                      (K)  complete evidence-based trauma training,   including instruction regarding the practical application of the   training to the duties of an attorney ad litem; and                (2)  is entitled to:                      (A)  request clarification from the court if the   role of the attorney ad litem is ambiguous;                      (B)  request a hearing or trial on the merits;                      (C)  consent or refuse to consent to an interview   of the parent by another attorney;                      (D)  receive a copy of each pleading or other   paper filed with the court;                      (E)  receive notice of each hearing in the suit;                      (F)  participate in any case staffing conducted by   the Department of Family and Protective Services in which the   parent is invited to participate, including, as appropriate, a case   staffing to develop a family plan of service, a family group   conference, a permanency conference, a mediation, a case staffing   to plan for the discharge and return of the child to the parent, and   any other case staffing that the department determines would be   appropriate for the parent to attend, but excluding any internal   department staffing or staffing between the department and the   department's legal representative; and                      (G)  attend all legal proceedings in the suit.          SECTION 3.  Subchapter G, Chapter 264, Family Code, is   amended by adding Section 264.615 to read as follows:          Sec. 264.615.  TRAUMA TRAINING REQUIRED. The executive   commissioner by rule shall require an employee or volunteer of a   court-appointed volunteer advocate program to receive   evidence-based trauma training that:                (1)  is designed to prepare the employee or volunteer   to meet the routine needs of children who have experienced trauma by   helping the child feel safe, build relationships, and learn to   regulate the child's emotions; and                (2)  includes instruction regarding the practical   application of the training to the employee's or volunteer's   duties.          SECTION 4.  Subchapter B, Chapter 40, Human Resources Code,   is amended by adding Section 40.036 to read as follows:          Sec. 40.036.  TRAUMA TRAINING REQUIREMENT FOR CHILD   PROTECTIVE SERVICES EMPLOYEES. (a) The department shall ensure   that each child protective services employee receives   evidence-based trauma training that:                (1)  is designed to prepare the employee to meet the   routine needs of children who have experienced trauma by helping   the child feel safe, build relationships, and learn to regulate the   child's emotions; and                (2)  includes instruction regarding the practical   application of the training to the employee's duties.          (b)  The executive commissioner shall review the training   developed and adopted under this section and shall update the   subject matter contained in the training at least every two years.          (c)  The executive commissioner shall adopt rules necessary   to implement this section, including a definition of trauma, using   a negotiated rulemaking process under Chapter 2008, Government   Code.          SECTION 5.  Section 42.0421, Human Resources Code, is   amended by adding Subsection (e-1) to read as follows:          (e-1)  The minimum training standards prescribed by the   executive commissioner under Section 42.042(p) for an owner,   operator, or employee of a residential child-care facility must   include evidence-based trauma training that:                (1)  is designed to prepare the owner, operator, or   employee to meet the routine needs of children who have experienced   trauma by helping the child feel safe, build relationships, and   learn to regulate the child's emotions; and                (2)  includes instruction regarding the practical   application of the training to the person's duties.          SECTION 6.  This Act takes effect September 1, 2017.