[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2272 Enrolled Bill (ENR)]

        S.2272

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
   To improve the administrative efficiency and effectiveness of 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 ``Strengthening Abuse and Neglect 
Courts Act of 2000''.

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 decisionmaking 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. DEFINITIONS.

    In this Act:
        (1) 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)--
            (A) 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);
            (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.
        (2) Agency attorney.--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 parts B and E of 
    title IV of the Social Security Act (42 U.S.C. 620 et seq.; 670 et 
    seq.) in a proceeding conducted by, or under the supervision of, an 
    abuse and neglect court, including a proceeding for termination of 
    parental rights.
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 Juvenile Justice and 
    Delinquency Prevention of 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 implementing the requirements of parts B and 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 20 nor 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 that specifies the common case-tracking 
        data elements of the proposed system, including, at a minimum--
                (i) identification of relevant judges, court, and 
            agency personnel;
                (ii) records of all court proceedings with regard to 
            the abuse and neglect case, including all court findings 
            and orders (oral and written); and
                (iii) relevant information about the subject child, 
            including family information and the reason for court 
            supervision.
            (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 
        section 13712 of such Act if there is such a plan in the State.
            (E) After consultation with the State agency responsible 
        for the administration of parts B and E of title IV of the 
        Social Security Act (42 U.S.C. 620 et seq.; 670 et seq.)--
                (i) a description of the coordination of the proposed 
            system with other child welfare data collection systems, 
            including the statewide automated child welfare information 
            system (SACWIS) 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); and
                (ii) an assurance that such coordination will be 
            implemented and maintained.
            (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 information:
                (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--

                    (I) the number of episodes of placement in foster 
                care;
                    (II) the number of days placed in foster care and 
                the type of placement (foster family home, group home, 
                or special residential care facility);
                    (III) the number of days of in-home supervision; 
                and
                    (IV) 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--

                    (I) the timeliness of each stage of the proceeding 
                from initial filing through legal finalization of a 
                permanency plan (for both contested and uncontested 
                hearings);
                    (II) 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;
                    (III) the number of courts that conduct or 
                supervise the proceeding for the duration of the abuse 
                and neglect case;
                    (IV) the number of judges assigned to the 
                proceeding for the duration of the abuse and neglect 
                case; and
                    (V) the number of agency attorneys, children's 
                attorneys, parent's attorneys, guardians ad litem, and 
                volunteers participating in a court-appointed special 
                advocate (CASA) program 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 and ensure prompt action so that cases 
        are appropriately listed with 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.
            (M) An assurance that the proposed system will provide 
        notice of timeframes required under the Adoption and Safe 
        Families Act of 1997 (Public Law 105-89; 111 Stat. 2115) for 
        individual cases to ensure prompt attention and compliance with 
        such requirements.
    (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.
            (C) Non-federal expenditures.--
                (i) Cash or in kind.--State court or local court 
            expenditures required under subparagraph (A) may be in cash 
            or in kind, fairly evaluated, including plant, equipment, 
            or services.
                (ii) No credit for pre-award expenditures.--Only State 
            court or local court expenditures made after a grant has 
            been awarded under this section may be counted for purposes 
            of determining whether the State court or local court has 
            satisfied the matching expenditure requirement under 
            subparagraph (A).
        (2) Notification to state or appropriate child welfare 
    agency.--No application for a grant authorized under this section 
    may be approved unless the State court or local court submitting 
    the application demonstrates to the satisfaction of the Attorney 
    General that the court has provided the State, in the case of a 
    State court, or the appropriate child welfare agency, in the case 
    of a local court, with notice of the contents and submission of the 
    application.
        (3) 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 parts B and 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).
        (4) 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 2001 through 2005.
SEC. 5. GRANTS TO REDUCE PENDING BACKLOGS OF ABUSE AND NEGLECT CASES TO 
PROMOTE PERMANENCY FOR ABUSED AND NEGLECTED CHILDREN.
    (a) Authority To Award Grants.--The Attorney General, acting 
through the Office of Juvenile Justice and Delinquency Prevention of 
the Office of Justice Programs and in collaboration with the Secretary 
of Health and Human Services, shall award grants in accordance with 
this section to State courts and local courts for the purposes of--
        (1) promoting the permanency goals established in the Adoption 
    and Safe Families Act of 1997 (Public Law 105-89; 111 Stat. 2115); 
    and
        (2) enabling such courts to reduce existing backlogs of cases 
    pending in abuse and neglect courts, especially with respect to 
    cases to terminate parental rights and cases in which parental 
    rights to a child have been terminated but an adoption of the child 
    has not yet been finalized.
    (b) Application.--A State court or local court shall submit an 
application for a grant under this section, in such form and manner as 
the Attorney General shall require, that contains a description of the 
following:
        (1) The barriers to achieving the permanency goals established 
    in the Adoption and Safe Families Act of 1997 that have been 
    identified.
        (2) The size and nature of the backlogs of children awaiting 
    termination of parental rights or finalization of adoption.
        (3) The strategies the State court or local court proposes to 
    use to reduce such backlogs and the plan and timetable for doing 
    so.
        (4) How the grant funds requested will be used to assist the 
    implementation of the strategies described in paragraph (3).
    (c) Use of Funds.--Funds provided under a grant awarded under this 
section may be used for any purpose that the Attorney General 
determines is likely to successfully achieve the purposes described in 
subsection (a), including temporarily--
        (1) establishing night court sessions for abuse and neglect 
    courts;
        (2) hiring additional judges, magistrates, commissioners, 
    hearing officers, referees, special masters, and other judicial 
    personnel for such courts;
        (3) hiring personnel such as clerks, administrative support 
    staff, case managers, mediators, and attorneys for such courts; or
        (4) extending the operating hours of such courts.
    (d) Number of Grants.--Not less than 15 nor more than 20 grants 
shall be awarded under this section.
    (e) Availability of Funds.--Funds awarded under a grant made under 
this section shall remain available for expenditure by a grantee for a 
period not to exceed 3 years from the date of the grant award.
    (f) Report on Use of Funds.--Not later than the date that is 
halfway through the period for which a grant is awarded under this 
section, and 90 days after the end of such period, a State court or 
local court awarded a grant under this section shall submit a report to 
the Attorney General that includes the following:
        (1) The barriers to the permanency goals established in the 
    Adoption and Safe Families Act of 1997 that are or have been 
    addressed with grant funds.
        (2) The nature of the backlogs of children that were pursued 
    with grant funds.
        (3) The specific strategies used to reduce such backlogs.
        (4) The progress that has been made in reducing such backlogs, 
    including the number of children in such backlogs--
            (A) whose parental rights have been terminated; and
            (B) whose adoptions have been finalized.
        (5) Any additional information that the Attorney General 
    determines would assist jurisdictions in achieving the permanency 
    goals established in the Adoption and Safe Families Act of 1997.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated for the period of fiscal years 2001 and 2002 $10,000,000 
for the purpose of making grants under this section.
SEC. 6. 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 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 the period of fiscal years 2001 and 2002.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.