By: Lopez H.B. No. 565       A BILL TO BE ENTITLED   AN ACT   relating to required training regarding trauma-informed care for   certain judges and attorneys.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 264, Family Code, is   amended by adding Section 264.016 to read as follows:          Sec. 264.016.  TRAINING RELATED TO TRAUMA-INFORMED CARE.     (a) The department shall ensure that each attorney who the   department employs or contracts with to represent the state in a   suit filed by a governmental entity under this subtitle seeking   termination of the parent-child relationship or the appointment of   a conservator for the child completes a training program regarding   trauma-informed care and the effect of trauma on children in the   conservatorship of the department.          (b)  An attorney shall complete the training required by this   section before the attorney may represent the state in a suit   described by Subsection (a).          (c)  The training required by this section must include   information regarding:                (1)  the symptoms of trauma and the impact that trauma   has on a child, including how trauma may affect a child's   development, emotions, memories, behavior, and decision-making;                (2)  attachment and how a lack of attachment may affect   a child;                (3)  the role that trauma-informed care and services   can have in a child's ability to build connections, feel safe, and   regulate the child's emotions to help the child build resiliency   and overcome the effects of trauma and adverse childhood   experiences;                (4)  the importance of screening children for trauma   and the risk of mislabeling and inappropriate treatment of children   without proper screening, including the risk associated with   increasing the use of psychotropic medication;                (5)  the potential for re-traumatization of children in   the conservatorship of the department; and                (6)  the availability of:                      (A)  research-supported, trauma-informed,   non-pharmacological interventions; and                      (B)  trauma-informed advocacy to increase a   child's access, while the child is in the conservatorship of the   department, to:                            (i)  trauma-informed care; and                            (ii)  trauma-informed mental and behavioral   health services.          SECTION 2.  Section 22.011, Government Code, is amended to   read as follows:          Sec. 22.011.  JUDICIAL INSTRUCTION RELATED TO FAMILY   VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, CHILDHOOD   TRAUMA, AND CHILD ABUSE. (a) The supreme court shall provide   judicial training related to the problems of family violence,   sexual assault, trafficking of persons, childhood trauma, and child   abuse and to issues concerning sex offender characteristics.          (d)  The instruction must 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)  issues related to childhood trauma and adverse   childhood experiences.          SECTION 3.  The heading to Section 22.110, Government Code,   is amended to read as follows:          Sec. 22.110.  JUDICIAL TRAINING [INSTRUCTION] RELATED TO   FAMILY VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, CHILDHOOD   TRAUMA, AND CHILD ABUSE AND NEGLECT.          SECTION 4.  Section 22.110, Government Code, is amended by   amending Subsections (a), (b), and (d) and adding Subsection (d-2)   to read as follows:          (a)  The court of criminal appeals shall assure that judicial   training related to the problems of family violence, sexual   assault, trafficking of persons, childhood trauma, and child abuse   and neglect is provided.          (b)  The court of criminal appeals shall adopt the rules   necessary to accomplish the purposes of this section. The rules   must:                (1)  require each district judge, judge of a statutory   county court, associate judge appointed under Chapter 54A of this   code or Chapter 201, Family Code, master, referee, and magistrate   to complete at least 12 hours of the training within the judge's   first term of office or the judicial officer's first four years of   service that includes:                      (A)  at [and provide a method for certification of   completion of that training. At] least four hours of [the] training   that:                            (i)  is [must be] dedicated to issues   related to trafficking of persons and child abuse and neglect; and                            (ii)  covers [must cover] at least two of the   topics described in Subsections (d)(8)-(13);                      (B)  at [(d)(8)-(12). At] least six hours of [the]   training [must be] dedicated to the training described by   Subsections (d)(5), (6), and (7); and                      (C)  for a judge of a court with jurisdiction over   cases involving children in the conservatorship of the Department   of Family and Protective Services or children in the juvenile   justice system, at least three hours of training dedicated to the   training described by Subsection (d)(13);                (2)  provide a method for certifying the completion of   the training described by Subdivision (1);                (3)  [. The rules must] require each judge and judicial   officer to complete an additional five hours of training during   each additional term in office or four years of service, including:                      (A)  at[. At] least two hours of [the additional]   training [must be] dedicated to issues related to trafficking of   persons and child abuse and neglect; and                      (B)  for a judge of a court with jurisdiction over   cases involving children in the conservatorship of the Department   of Family and Protective Services or children in the juvenile   justice system, at least one hour of training dedicated to the   training described by Subsection (d)(13); and                (4)  [.The rules must] exempt from the training   requirement of this subsection each judge or judicial officer who   files an affidavit stating that the judge or judicial officer does   not hear any cases involving family violence, sexual assault,   trafficking of persons, childhood trauma, or child abuse and   neglect.          (d)  The instruction must 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 family   violence, 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; [and]                (12)  medical findings regarding physical abuse,   sexual abuse, trafficking of persons, and child abuse and neglect;   and                (13)  childhood trauma and adverse childhood   experiences described by Subsection (d-2).          (d-2)  The training on childhood trauma and adverse   childhood experiences under Subsection (d)(13) must include   information regarding:                (1)  the symptoms of trauma and the impact that trauma   has on a child, including how trauma may affect a child's   development, emotions, memories, behavior, and decision-making;                (2)  attachment and how a lack of attachment may affect   a child;                (3)  the role that trauma-informed care and services   can have in a child's ability to build connections, feel safe, and   regulate the child's emotions to help the child build resiliency   and overcome the effects of trauma and adverse childhood   experiences;                (4)  the importance of screening children for trauma   and the risk of mislabeling and inappropriate treatment of children   without proper screening, including the risk associated with   increasing the use of psychotropic medication;                (5)  the potential for re-traumatization of children in   the conservatorship of the Department of Family and Protective   Services; and                (6)  the availability of:                      (A)  research-supported, trauma-informed,   non-pharmacological interventions; and                      (B)  trauma-informed advocacy to increase a   child's access, while the child is in the conservatorship of the   Department of Family and Protective Services, to:                            (i)  trauma-informed care; and                            (ii)  trauma-informed mental and behavioral   health services.          SECTION 5.  (a) A judge or judicial officer who is in office   on the effective date of this Act must complete the training   required by Section 22.110(b)(1)(C), Government Code, as added by   this Act, not later than December 1, 2023.          (b)  An attorney employed by or under contract with the   Department of Family and Protective Services on the effective date   of this Act to represent the state in a suit filed by a governmental   entity under Subtitle E, Title 5, Family Code, seeking termination   of the parent-child relationship or the appointment of a   conservator for the child, must complete the training required by   Section 264.016, Family Code, as added by this Act, not later than   September 1, 2022.          SECTION 6.  This Act takes effect September 1, 2021.