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.