[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2271 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2271

      To amend the Social Security Act to improve the quality and 
availability of training for judges, attorneys, and volunteers working 
   in the Nation's abuse and neglect courts, and for other purposes 
      consistent with the Adoption and Safe Families Act of 1997.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2000

Mr. DeWine (for himself, Mr. Rockefeller, Ms. Landrieu, Mr. Levin, Mr. 
   Kerry, Mr. Kerrey, Mr. Wellstone, Ms. Collins, Mrs. Boxer, Mr. L. 
Chafee, Mrs. Lincoln, and Mr. Bingaman) introduced the following bill; 
         which was read twice and referred to the Committee on
                                Finance

_______________________________________________________________________

                                 A BILL


 
      To amend the Social Security Act to improve the quality and 
availability of training for judges, attorneys, and volunteers working 
   in the Nation's abuse and neglect 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 ``Training and Knowledge Ensure 
Children a Risk-Free Environment (TAKE CARE) Act ''.

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 explicitly 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, 
        volunteers who participate in court-appointed special advocate 
        (CASA) programs, 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) Judges, magistrates, commissioners, and other judicial 
        officers play a central and vital role in ensuring that 
        proceedings in our Nation's abuse and neglect courts are run 
        efficiently and effectively. The performance of those 
        individuals in such courts can only be further enhanced by 
        training, seminars, and an ongoing opportunity to exchange 
        ideas with their peers.
            (11) 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.
            (12) 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. TRAINING IN CHILD ABUSE AND NEGLECT PROCEEDINGS.

    (a) Payment for 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, or under contract with, 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 475(8)), 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, agency attorneys 
                (as defined in section 475(9)), attorneys representing 
                parents in proceedings conducted by, or under the 
                supervision of, an abuse and neglect court (as defined 
                in section 475(8)), attorneys representing children in 
                such proceedings (as defined in section 475(10)), 
                guardians ad litem, and volunteers who participate in 
                court-appointed special advocate (CASA) programs, to 
                the extent such training is related to provisions of, 
                and amendments made by, the Adoption and Safe Families 
                Act of 1997, provided that any such training that is 
                offered to judges or other judicial personnel shall be 
                offered by, or under contract with, the State or local 
                agency in collaboration with the judicial conference or 
                other appropriate judicial governing body operating in 
                the State,''.
            (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)(E) of such Act (42 U.S.C. 
                674(a)(3)(E)) (as redesignated by subsection (a)(1)) 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) Definition of Certain Terms.--Section 475 of such Act (42 
U.S.C. 675) is amended by adding at the end the following new 
paragraphs:
            ``(8) 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)--
                    ``(A) that implement part B and this part 
                (including preliminary disposition of such 
                proceedings);
                    ``(B) that determine whether a child was abused or 
                neglected;
                    ``(C) that determine the advisability or 
                appropriateness of placement in a family foster home, 
                group home, or a special residential care facility; or
                    ``(D) that determine any other legal disposition of 
                a child in the abuse and neglect court system.
            ``(9) The term `agency attorney' means an attorney or other 
        individual, including any government attorney, district 
        attorney, attorney general, State attorney, county attorney, 
        city solicitor or attorney, corporation counsel, or privately 
        retained special prosecutor, who represents the State or local 
        agency administrating the programs under part B and this part 
        in a proceeding conducted by, or under the supervision of, an 
        abuse and neglect court, including a proceeding for termination 
        of parental rights.
            ``(10) The term `attorneys representing children' means any 
        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.''.

SEC. 4. STATE STANDARDS FOR AGENCY ATTORNEYS.

    Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is 
amended--
            (1) in paragraph (22), by striking ``and'' at the end;
            (2) in paragraph (23), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(24) provides that, not later than January 1, 2002, the 
        State shall develop and encourage the implementation of 
        guidelines for all agency attorneys (as defined in section 
        475(9)), including legal education requirements for such 
        attorneys regarding the handling of abuse, neglect, and 
        dependency proceedings.''.

SEC. 5. TECHNICAL ASSISTANCE FOR CHILD ABUSE, NEGLECT, AND DEPENDENCY 
              MATTERS.

    (a) In General.--The Secretary of Health and Human Services, in 
coordination with the Attorney General, shall provide the technical 
assistance, training, and evaluations authorized under this section 
through grants, contracts, or cooperative arrangements with other 
entities, including universities, and national, State, and local 
organizations. The Secretary of Health and Human Services and the 
Attorney General should ensure that entities that have not had a 
previous contractual relationship with the Department of Health and 
Human Services, the Department of Justice, or another Federal agency 
can compete for grants for technical assistance, training, and 
evaluations.
    (b) Purpose.--Technical assistance shall be provided under this 
section 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) Activities.--Technical assistance consistent with the purpose 
described in subsection (b) may be provided under this section through 
the following:
            (1) The dissemination of information, existing and 
        effective models, and technical assistance to State and local 
        courts that receive grants for automated data collection and 
        case-tracking systems and outcome measures.
            (2) 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 agency attorneys, attorneys 
        representing children, guardians ad litem, volunteers who 
        participate in court-appointed special advocate (CASA) 
        programs, or parents.
            (3) The provision of assistance and dissemination of 
        information about best practices of abuse and neglect courts 
        for effective case management strategies and techniques, 
        including automated data collection and case-tracking systems, 
        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 (as so defined), 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.
            (4) The development and dissemination of training models 
        for judges, attorneys representing children, agency attorneys, 
        guardians ad litem, and volunteers who participate in court-
        appointed special advocate (CASA) programs.
            (5) The development of standards of practice for agency 
        attorneys, attorneys representing children, guardians ad litem, 
        volunteers who participate in court-appointed special advocate 
        (CASA) programs, and parents in such proceedings.
    (d) Training Requirement.--Any training offered in accordance with 
this section to judges or other judicial personnel shall be offered in 
collaboration with the judicial conference or other appropriate 
judicial governing body operating with respect to the State in which 
the training is offered.
    (e) Definitions.--In this section, the terms ``agency attorneys'', 
``abuse and neglect courts'', and ``attorneys representing children'' 
have the meanings given such terms in section 475 of the Social 
Security Act (42 U.S.C. 675) (as amended by section 3(b) of this Act).
    (f) Authorization of Appropriations.--There is authorized to carry 
out this section $5,000,000 for the period of fiscal years 2001 through 
2005.
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