family courts can only order services that work

The text as introduced · 869 words

90R3045 KRM-D

By: Curry
H.B. No. 185

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) Subject to Subsections (c) and (d), 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 the dynamics of family

violence or child abuse or 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 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 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;

(13) dynamics of family violence; [ and ]

(14) elder abuse and neglect ; and

(15) 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, 2027.