[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2607 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2607

   To improve the administrative efficiency and effectiveness of the 
 Nation's abuse and neglect courts and the quality and availability of 
training for judges, attorneys, and volunteers working in such courts, 
 and for other purposes consistent with the Adoption and Safe Families 
                              Act of 1997.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              October 9 (legislative day, October 2), 1998

Mr. DeWine (for himself, Mr. Rockefeller, Ms. Landrieu, and Mr. Chafee) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To improve the administrative efficiency and effectiveness of the 
 Nation's abuse and neglect courts and the quality and availability of 
training for judges, attorneys, and volunteers working in such courts, 
 and for other purposes consistent with the Adoption and Safe Families 
                              Act of 1997.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening Abuse and Neglect 
Courts Act of 1998''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Under both Federal and State law, the courts play a 
        crucial and essential role in the Nation's child welfare system 
        and in ensuring safety, stability, and permanence for abused 
        and neglected children under the supervision of that system.
            (2) The Adoption and Safe Families Act of 1997 (Public Law 
        105-89; 111 Stat. 2115) establishes for the first time in 
        Federal law that a child's health and safety must be the 
        paramount consideration when any decision is made regarding a 
        child in the Nation's child welfare system.
            (3) The Adoption and Safe Families Act of 1997 promotes 
        stability and permanence for abused and neglected children by 
        requiring timely decision-making in proceedings to determine 
        whether children can safely return to their families or whether 
        they should be moved into safe and stable adoptive homes or 
        other permanent family arrangements outside the foster care 
        system.
            (4) To avoid unnecessary and lengthy stays in the foster 
        care system, the Adoption and Safe Families Act of 1997 
        specifically requires, among other things, that States move to 
        terminate the parental rights of the parents of those children 
        who have been in foster care for 15 of the last 22 months.
            (5) While essential to protect children and to carry out 
        the general purposes of the Adoption and Safe Families Act of 
        1997, the accelerated timelines for the termination of parental 
        rights and the other requirements imposed under that Act 
        increase the pressure on the Nation's already overburdened 
        abuse and neglect courts.
            (6) The administrative efficiency and effectiveness of the 
        Nation's abuse and neglect courts would be substantially 
        improved by the acquisition and implementation of computerized 
        case tracking systems to identify and eliminate existing 
        backlogs, to move abuse and neglect caseloads forward in a 
        timely manner, and to move children into safe and stable 
        families. Such systems could also be used to evaluate the 
        effectiveness of such courts in meeting the purposes of the 
        amendments made by, and provisions of, the Adoption and Safe 
        Families Act of 1997.
            (7) The administrative efficiency and effectiveness of the 
        Nation's abuse and neglect courts would also be improved by the 
        identification and implementation of projects designed to 
        eliminate the backlog of abuse and neglect cases, including the 
        temporary hiring of additional judges, extension of court 
        hours, and other projects designed to reduce existing 
        caseloads.
            (8) The administrative efficiency and effectiveness of the 
        Nation's abuse and neglect courts would be further strengthened 
        by improving the quality and availability of training for 
        judges, court personnel, agency attorneys, guardians ad litem, 
        and attorneys who represent the children and the parents of 
        children in abuse and neglect proceedings.
            (9) While recognizing that abuse and neglect courts in this 
        country are already committed to the quality administration of 
        justice, the performance of such courts would be even further 
        enhanced by the development of models and educational 
        opportunities that reinforce court projects that have already 
        been developed, including models for case-flow procedures, case 
        management, representation of children, automated interagency 
        interfaces, and ``best practices'' standards.
            (10) Volunteers who participate in court-appointed special 
        advocate (CASA) programs play a vital role as the eyes and ears 
        of abuse and neglect courts in proceedings conducted by, or 
        under the supervision of, such courts and also bring increased 
        public scrutiny of the abuse and neglect court system. The 
        Nation's abuse and neglect courts would benefit from an 
        expansion of this program to currently underserved communities.
            (11) Improved computerized case-tracking systems, 
        comprehensive training, and development of, and education on, 
        model abuse and neglect court systems, particularly with 
        respect to underserved areas, would significantly further the 
        purposes of the Adoption and Safe Families Act of 1997 by 
        reducing the average length of an abused and neglected child's 
        stay in foster care, improving the quality of decision-making 
        and court services provided to children and families, and 
        increasing the number of adoptions.

SEC. 3. DEFINITIONS.

    In this Act:
    (a) Abuse and Neglect Courts.--The term ``abuse and neglect 
courts'' means the State and local courts that carry out State or local 
laws requiring proceedings (conducted by or under the supervision of 
the courts)--
            (1) that implement part B and part E of title IV of the 
        Social Security Act (42 U.S.C. 620 et seq.; 670 et seq.) 
        (including preliminary disposition of such proceedings);
            (2) that determine whether a child was abused or neglected;
            (3) that determine the advisability or appropriateness of 
        foster care placement; or
            (4) that determine any other legal disposition of a child 
        in the abuse and neglect court system.
    (b) Agency Attorney.--The term ``agency attorney'' means an agency 
attorney or agency representative including any government attorney, 
district attorney, attorney general, State attorney, city solicitor or 
attorney, corporation counsel, or privately retained special prosecutor 
who represents the petitioner or moving party in a proceeding conducted 
by, or under the supervision of, an abuse and neglect court, including 
a proceeding for termination of parental rights.
    (c) Attorney Representing a Child.--The term ``attorney 
representing a child'' means an attorney or a guardian ad litem who 
represents a child in a proceeding conducted by, or under the 
supervision of, an abuse and neglect court.
    (d) Attorney Representing a Parent.--The term ``attorney 
representing a parent'' means an attorney who represents a parent who 
is an official party to a proceeding conducted by, or under the 
supervision of, an abuse and neglect court.

SEC. 4. GRANTS TO STATE COURTS AND LOCAL COURTS TO AUTOMATE THE DATA 
              COLLECTION AND TRACKING OF PROCEEDINGS IN ABUSE AND 
              NEGLECT COURTS.

    (a) Authority To Award Grants.--
            (1) In general.--Subject to paragraph (2), the Attorney 
        General, acting through the Office of Justice Programs, shall 
        award grants in accordance with this section to State courts 
        and local courts for the purposes of--
                    (A) enabling such courts to develop and implement 
                automated data collection and case-tracking systems for 
                proceedings conducted by, or under the supervision of, 
                an abuse and neglect court;
                    (B) encouraging the replication of such systems in 
                abuse and neglect courts in other jurisdictions; and
                    (C) requiring the use of such systems to evaluate a 
                court's performance in complying with the requirements 
                of part B and part E of title IV of the Social Security 
                Act (42 U.S.C. 620 et seq.; 670 et seq.).
            (2) Limitations.--
                    (A) Number of grants.--Not less than 30 or more 
                than 50 grants may be awarded under this section.
                    (B) Per state limitation.--Not more than 2 grants 
                authorized under this section may be awarded per State.
                    (C) Use of grants.--Funds provided under a grant 
                made under this section may only be used for the 
                purpose of developing, implementing, or enhancing 
                automated data collection and case-tracking systems for 
                proceedings conducted by, or under the supervision of, 
                an abuse and neglect court.
    (b) Application.--
            (1) In general.--A State court or local court may submit an 
        application for a grant authorized under this section at such 
        time and in such manner as the Attorney General may determine.
            (2) Information required.--An application for a grant 
        authorized under this section shall contain the following:
                    (A) A description of a proposed plan for the 
                development, implementation, and maintenance of an 
                automated data collection and case-tracking system for 
                proceedings conducted by, or under the supervision of, 
                an abuse and neglect court, including a proposed budget 
                for the plan and a request for a specific funding 
                amount.
                    (B) A description of the extent to which such plan 
                and system are able to be replicated in abuse and 
                neglect courts of other jurisdictions.
                    (C) In the case of an application submitted by a 
                local court, a description of how the plan to implement 
                the proposed system was developed in consultation with 
                related State courts, particularly with regard to a 
                State court improvement plan funded under section 13712 
                of the Omnibus Budget Reconciliation Act of 1993 (42 
                U.S.C. 670 note) if there is such a plan in the State.
                    (D) In the case of an application that is submitted 
                by a State court, a description of how the proposed 
                system will integrate with a State court improvement 
                plan funded under such section if there is such a plan 
                in the State.
                    (E) After consultation with the State agency 
                responsible for the administration of part B and part E 
                of title IV of the Social Security Act (42 U.S.C. 620 
et seq.; 670 et seq.), an assessment of the feasibility of future 
coordination of the proposed system with other child welfare data 
collection systems, including the Statewide automated child welfare 
information system and the adoption and foster care analysis and 
reporting system (AFCARS) established pursuant to section 479 of the 
Social Security Act (42 U.S.C. 679).
                    (F) Identification of an independent third party 
                that will conduct ongoing evaluations of the 
                feasibility and implementation of the plan and system 
                and a description of the plan for conducting such 
                evaluations.
                    (G) A description or identification of a proposed 
                funding source for completion of the plan (if 
                applicable) and maintenance of the system after the 
                conclusion of the period for which the grant is to be 
                awarded.
                    (H) An assurance that any contract entered into 
                between the State court or local court and any other 
                entity that is to provide services for the development, 
                implementation, or maintenance of the system under the 
                proposed plan will require the entity to agree to allow 
                for replication of the services provided, the plan, and 
                the system, and to refrain from asserting any 
                proprietary interest in such services for purposes of 
                allowing the plan and system to be replicated in 
                another jurisdiction.
                    (I) An assurance that the system established under 
                the plan will provide data that allows for evaluation 
                (at least on an annual basis) of the following:
                            (i) The total number of cases that are 
                        filed in the abuse and neglect court.
                            (ii) The number of cases assigned to each 
                        judge who presides over the abuse and neglect 
                        court.
                            (iii) The average length of stay of 
                        children in foster care.
                            (iv) With respect to each child under the 
                        jurisdiction of the court--
                                    (aa) the number of episodes of 
                                placement in foster care;
                                    (bb) the number of days placed in 
                                foster care;
                                    (cc) the number of days of in-home 
                                supervision; and
                                    (dd) the number of separate foster 
                                care placements.
                            (v) The number of adoptions, guardianships, 
                        or other permanent dispositions finalized.
                            (vi) The number of terminations of parental 
                        rights.
                            (vii) The number of child abuse and neglect 
                        proceedings closed that had been pending for 2 
                        or more years.
                            (viii) With respect to each proceeding 
                        conducted by, or under the supervision of, an 
                        abuse and neglect court--
                                    (aa) the timeliness of each stage 
                                of the proceeding from initial filing 
                                through legal finalization of a 
                                permanency plan (for both contested and 
                                uncontested hearings);
                                    (bb) the number of adjournments, 
                                delays, and continuances occurring 
                                during the proceeding, including 
                                identification of the party requesting 
                                each adjournment, delay, or continuance 
                                and the reasons given for the request;
                                    (cc) the number of courts that 
                                conduct or supervise the proceeding for 
                                the duration of the abuse and neglect 
                                case;
                                    (dd) the number of judges assigned 
                                to the proceeding for the duration of 
                                the abuse and neglect case; and
                                    (ee) the number of agency 
                                attorneys, children's attorneys, and 
                                parent's attorneys assigned to the 
                                proceeding during the duration of the 
                                abuse and neglect case.
                    (J) A description of how the proposed system will 
                reduce the need for paper files, tie into national and 
                regional adoption exchanges, and public and private 
                adoption services.
                    (K) An assurance that the data collected in 
                accordance with subparagraph (I) will be made available 
                to relevant Federal, State, and local government 
                agencies and to the public.
                    (L) An assurance that the proposed system is 
                consistent with other civil and criminal information 
                requirements of the Federal government.
    (c) Conditions for Approval of Applications.--
            (1) Matching requirement.--
                    (A) In general.--A State court or local court 
                awarded a grant under this section shall expend $1 for 
                every $3 awarded under the grant to carry out the 
                development, implementation, and maintenance of the 
                automated data collection and case-tracking system 
                under the proposed plan.
                    (B) Waiver for hardship.--The Attorney General may 
                waive or modify the matching requirement described in 
                subparagraph (A) in the case of any State court or 
                local court that the Attorney General determines would 
                suffer undue hardship as a result of being subject to 
                the requirement.
            (2) Considerations.--In evaluating an application for a 
        grant under this section the Attorney General shall consider 
        the following:
                    (A) The extent to which the system proposed in the 
                application may be replicated in other jurisdictions.
                    (B) The extent to which the proposed system is 
                consistent with the provisions of, and amendments made 
                by, the Adoption and Safe Families Act of 1997 (Public 
                Law 105-89; 111 Stat. 2115), and part B and part E of 
                title IV of the Social Security Act (42 U.S.C. 620 et 
                seq.; 670 et seq.).
                    (C) The extent to which the proposed system is 
                feasible and likely to achieve the purposes described 
                in subsection (a)(1).
            (3) Diversity of awards.--The Attorney General shall award 
        grants under this section in a manner that results in a 
        reasonable balance among grants awarded to State courts and 
        grants awarded to local courts, grants awarded to courts 
        located in urban areas and courts located in rural areas, and 
        grants awarded in diverse geographical locations.
    (d) Length of Awards.--No grant may be awarded under this section 
for a period of more than 5 years.
    (e) Availability of Funds.--Funds provided to a State court or 
local court under a grant awarded under this section shall remain 
available until expended without fiscal year limitation.
    (f) Reports.--
            (1) Annual report from grantees.--Each State court or local 
        court that is awarded a grant under this section shall submit 
        an annual report to the Attorney General that contains--
                    (A) a description of the ongoing results of the 
                independent evaluation of the plan for, and 
                implementation of, the automated data collection and 
                case-tracking system funded under the grant; and
                    (B) the information described in subsection 
                (b)(2)(I).
            (2) Interim and final reports from attorney general.--
                    (A) Interim reports.--Beginning 2 years after the 
                date of enactment of this Act, and biannually 
                thereafter until a final report is submitted in 
                accordance with subparagraph (B), the Attorney General 
                shall submit to Congress interim reports on the grants 
                made under this section.
                    (B) Final report.--Not later than 90 days after the 
                termination of all grants awarded under this section, 
                the Attorney General shall submit to Congress a final 
                report evaluating the automated data collection and 
                case-tracking systems funded under such grants and 
                identifying successful models of such systems that are 
                suitable for replication in other jurisdictions. The 
                Attorney General shall ensure that a copy of such final 
                report is transmitted to the highest State court in 
                each State.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $10,000,000 for the period of 
fiscal years 1999 through 2003.

SEC. 5. GRANTS TO REDUCE PENDING BACKLOGS OF ABUSE AND NEGLECT CASES.

    (a) Increase in Appropriated Amount.--Section 430(b)(6) of the 
Social Security Act (42 U.S.C. 629(b)(6)) is amended by striking 
``$275,000,000'' and inserting ``$285,000,000''.
    (b) Authority To Award Grants.--Section 430(d)(2) of the Social 
Security Act (42 U.S.C. 429(d)(2)) is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
                    ``(A) In general.--The Secretary''; and
            (2) by adding at the end the following:
                    ``(B) Grants to reduce backlogs of abuse and 
                neglect cases.--
                            ``(i) In general.--Subject to clause (ii), 
                        the Secretary shall reserve $10,000,000 of the 
amount described in subsection (b)(6) for fiscal year 1999 for making 
grants to the highest State courts in States participating in the 
program under part E for the purpose of enabling such courts to reduce 
existing backlogs of cases pending in abuse and neglect courts. Funds 
provided under a grant awarded under this subparagraph may be used for 
any purpose that the Secretary determines is likely to successfully 
reduce such backlogs, including for the purpose of temporarily--
                                    ``(aa) establishing night court 
                                sessions for abuse and neglect courts;
                                    ``(bb) hiring additional judges and 
                                judicial personnel for such courts; or
                                    ``(cc) extending the operating 
                                hours of such courts.
                            ``(ii) Number of grants.--Not less than 15 
                        nor more than 20 grants shall be awarded under 
                        this subparagraph.
                            ``(iii) Definition of abuse and neglect 
                        court.--In this subparagraph, the term `abuse 
                        and neglect court' has the meaning given that 
                        term in section 3(a) of the Strengthening Abuse 
                        and Neglect Courts Act of 1998.''.

SEC. 6. TRAINING IN CHILD ABUSE AND NEGLECT PROCEEDINGS AND STANDARDS 
              FOR ATTORNEYS REPRESENTING CLIENTS IN SUCH PROCEEDINGS.

    (a) Training.--
            (1) In general.--Section 474(a)(3) of the Social Security 
        Act (42 U.S.C. 674(a)(3)) is amended--
                    (A) by redesignating subparagraphs (C), (D), and 
                (E) as subparagraphs (D), (E), and (F), respectively; 
                and
                    (B) by inserting after subparagraph (B), the 
                following:
                    ``(C) 75 percent of so much of such expenditures as 
                are for the training (including cross-training with 
                personnel employed by the State or local agency 
                administering the plan in the political subdivision, 
                training on topics relevant to the legal representation 
                of clients in proceedings conducted by or under the 
                supervision of an abuse and neglect court (as defined 
                in section 3(a) of the Strengthening Abuse and Neglect 
                Courts Act of 1998), and training on related topics 
                such as child development and the importance of 
                developing a trusting relationship with a child) of 
                judges, judicial personnel, law enforcement personnel, 
                attorneys representing the State or local agency 
                administering the program under this part, attorneys 
                representing parents in proceedings conducted by, or 
                under the supervision of, an abuse and neglect court 
                (as so defined), attorneys representing children in 
                such proceedings, and guardians ad litem, to the extent 
                such training is related to provisions of, and 
                amendments made by, the Adoption and Safe Families Act 
                of 1997 (Public Law 105-89; 111 Stat. 2115),''.
            (2) Conforming amendments.--
                    (A) Section 473(a)(6)(B) of such Act (42 U.S.C. 
                673(a)(6)(B)) is amended by striking ``474(a)(3)(E)'' 
                and inserting ``474(a)(3)(F)''.
                    (B) Section 474(a)(3)(D) of such Act (42 U.S.C. 
                674(a)(3)(D)) (as redesignated by paragraph (1)(A)) is 
                amended by striking ``subparagraph (C)'' and inserting 
                ``subparagraph (D)''.
                    (C) Section 474(c) of such Act (42 U.S.C. 674(c)) 
                is amended by striking ``subsection (a)(3)(C)'' and 
                inserting ``subsection (a)(3)(D)''.
    (b) Standards, Training, and Technical Assistance for Attorneys.--
            (1) Foster care and adoption assistance state plan 
        requirement.--Section 471(a) of the Social Security Act (42 
        U.S.C. 671(a)) is amended--
                    (A) in paragraph (22), by striking ``and'' at the 
                end;
                    (B) in paragraph (23), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(24) provides that, not later than January 1, 2001, the 
        State shall develop and encourage the implementation of 
        practice standards for all attorneys representing the State or 
        local agency administering the program under this part, 
        including standards regarding the interaction of such attorneys 
        with other attorneys who practice before an abuse and neglect 
        court (as defined in section 3(a) of the Strengthening Abuse 
        and Neglect Courts Act of 1998).''.
            (2) Technical assistance.--
                    (A) In general.--The Secretary of Health and Human 
                Services shall provide the technical assistance, 
training, and evaluations authorized under this paragraph through 
grants, contracts, or cooperative arrangements with other entities, 
including universities, and national, State, and local organizations 
that have not had a previous contractual relationship with the 
Department of Health and Human Services or another Federal agency for 
any such purpose.
                    (B) Purpose.--Technical assistance shall be 
                provided under this paragraph for the purpose of 
                supporting and assisting State and local courts that 
                handle child abuse, neglect, and dependency matters to 
                effectively carry out new responsibilities enacted as 
                part of the Adoption and Safe Families Act of 1997 
                (Public Law 105-89; 111 Stat. 2115) and to speed the 
                process of adoption of children and legal finalization 
                of permanent families for children in foster care by 
                improving practices of the courts involved in that 
                process.
                    (C) Training.--Technical assistance consistent with 
                the purpose described in subparagraph (B) may be 
                provided under this paragraph through the following:
                            (i) The dissemination of information and 
                        technical assistance to State and local courts 
                        that receive grants under section 4 concerning 
                        the automated data collection and case-tracking 
                        systems and outcome measures required under 
                        that section.
                            (ii) The provision of specialized training 
                        on child development that is appropriate for 
                        judges, referees, nonjudicial decision-makers, 
                        administrative, and other court-related 
                        personnel, and for attorneys involved in abuse 
                        and neglect courts who represent the State or a 
                        human services agency, children, guardians ad 
                        litem, or parents.
                            (iii) The provision of assistance and 
                        dissemination of information about best 
                        practices of abuse and neglect courts for 
                        effective case management strategies and 
                        techniques, including assessments of caseload 
                        and staffing levels, management of court 
                        dockets, timely decision-making at all stages 
                        of a proceeding conducted by, or under the 
                        supervision of, an abuse and neglect court, and 
                        the development of streamlined case flow 
                        procedures, case management models, early case 
                        resolution programs, mechanisms for monitoring 
                        compliance with the terms of court orders, 
                        models for representation of children, 
                        automated interagency interfaces between data 
                        bases, and court rules that facilitate timely 
                        case processing.
                            (iv) The development of standards of 
                        practice for attorneys representing the State 
                        or a human services agency, children, guardians 
                        ad litem, or parents in such proceedings.
                    (D) Authorization of appropriations.--There is 
                authorized to carry out this paragraph $5,000,000 for 
                the period of fiscal years 1999 through 2003.

SEC. 7. GRANTS TO EXPAND THE COURT-APPOINTED SPECIAL ADVOCATE PROGRAM 
              IN UNDERSERVED AREAS.

    (a) Grants To Expand CASA Programs in Underserved Areas.--The 
Administrator of the Office of Juvenile Justice and Delinquency 
Prevention of the Department of Justice shall make a grant to the 
National Court-Appointed Special Advocate Association for the purposes 
of--
            (1) expanding the recruitment of, and building the capacity 
        of, court-appointed special advocate programs located in the 15 
        largest urban areas;
            (2) developing regional, multijurisdictional resource 
        centers for court-appointed special advocate programs serving 
        rural areas; and
            (3) providing training and supervision of volunteers in 
        court-appointed special advocate programs.
    (b) Limitation on Administrative Expenditures.--Not more than 5 
percent of the grant made under this subsection may be used for 
administrative expenditures.
    (c) Determination of Urban and Rural Areas.--For purposes of 
administering the grant authorized under this subsection, the 
Administrator of the Office of Juvenile Justice and Delinquency 
Prevention of the Department of Justice shall determine whether an area 
is one of the 15 largest urban areas or a rural area in accordance with 
the practices of, and statistical information compiled by, the Bureau 
of the Census.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to make the grant authorized under this section, 
$5,000,000 for fiscal year 1999.
                                 <all>