[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2657 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                     December 14, 2001.
    Resolved, That the bill from the House of Representatives (H.R. 
2657) entitled ``An Act to amend title 11, District of Columbia Code, 
to redesignate the Family Division of the Superior Court of the 
District of Columbia as the Family Court of the Superior Court, to 
recruit and retain trained and experienced judges to serve in the 
Family Court, to promote consistency and efficiency in the assignment 
of judges to the Family Court and in the consideration of actions and 
proceedings in the Family Court, and for other purposes.'', do pass 
with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``District of Columbia Family Court 
Act of 2001''.

SEC. 2. REDESIGNATION OF FAMILY DIVISION AS FAMILY COURT OF THE 
              SUPERIOR COURT.

    (a) In General.--Section 11-902, District of Columbia Code, is 
amended to read as follows:
``Sec. 11-902. Organization of the court
    ``(a) In General.--The Superior Court shall consist of the 
following:
            ``(1) The Civil Division.
            ``(2) The Criminal Division.
            ``(3) The Family Court.
            ``(4) The Probate Division.
            ``(5) The Tax Division.
    ``(b) Branches.--The divisions of the Superior Court may be divided 
into such branches as the Superior Court may by rule prescribe.
    ``(c) Designation of Presiding Judge of Family Court.--The chief 
judge of the Superior Court shall designate one of the judges assigned 
to the Family Court of the Superior Court to serve as the presiding 
judge of the Family Court of the Superior Court.
    ``(d) Jurisdiction Described.--The Family Court shall have original 
jurisdiction over the actions, applications, determinations, 
adjudications, and proceedings described in section 11-1101. Actions, 
applications, determinations, adjudications, and proceedings being 
assigned to cross-jurisdictional units established by the Superior 
Court, including the Domestic Violence Unit, on the date of enactment 
of this section may continue to be so assigned after the date of 
enactment of this section.''.
    (b) Conforming Amendment to Chapter 9.--Section 11-906(b), District 
of Columbia Code, is amended by inserting ``the Family Court and'' 
before ``the various divisions''.
    (c) Conforming Amendments to Chapter 11.--(1) The heading for 
chapter 11 of title 11, District of Columbia, is amended by striking 
``Family Division'' and inserting ``Family Court''.
    (2) The item relating to chapter 11 in the table of chapters for 
title 11, District of Columbia, is amended by striking ``Family 
Division'' and inserting ``Family Court''.
    (d) Conforming Amendments to Title 16.--
            (1) Calculation of child support.--Section 16-916.1(o)(6), 
        District of Columbia Code, is amended by striking ``Family 
        Division'' and inserting ``Family Court of the Superior 
        Court''.
            (2) Expedited judicial hearing of cases brought before 
        hearing commissioners.--Section 16-924, District of Columbia 
        Code, is amended by striking ``Family Division'' each place it 
        appears in subsections (a) and (f) and inserting ``Family 
        Court''.
            (3) General references to proceedings.--Chapter 23 of title 
        16, District of Columbia Code, is amended by inserting after 
        section 16-2301 the following new section:
``Sec. 16-2301.1. References deemed to refer to Family Court of the 
              Superior Court
    ``Any reference in this chapter or any other Federal or District of 
Columbia law, Executive order, rule, regulation, delegation of 
authority, or any document of or pertaining to the Family Division of 
the Superior Court of the District of Columbia shall be deemed to refer 
to the Family Court of the Superior Court of the District of 
Columbia.''.
            (4) Clerical amendment.--The table of sections for 
        subchapter I of chapter 23 of title 16, District of Columbia, 
        is amended by inserting after the item relating to section 16-
        2301 the following new item:

``16-2301.1. References deemed to refer to Family Court of the Superior 
                            Court.''.

SEC. 3. APPOINTMENT AND ASSIGNMENT OF JUDGES; NUMBER AND 
              QUALIFICATIONS.

    (a) Number of Judges for Family Court; Qualifications and Terms of 
Service.--Chapter 9 of title 11, District of Columbia Code, is amended 
by inserting after section 11-908 the following new section:
``Sec. 11-908A. Special rules regarding assignment and service of 
              judges of Family Court
    ``(a) Number of Judges.--
            ``(1) In general.--The number of judges serving on the 
        Family Court of the Superior Court shall be not more than 15.
            ``(2) Emergency reassignment.--If the chief judge 
        determines that, in order to carry out the intent and purposes 
        of the District of Columbia Family Court Act of 2001, an 
        emergency exists such that the number of judges needed on the 
        Family Court of the Superior Court at any time is more than 
        15--
                    ``(A) the chief judge may temporarily reassign 
                judges from other divisions of the Superior Court to 
                serve on the Family Court who meet the requirements of 
                paragraphs (1) and (3) of subsection (b) or senior 
                judges who meet the requirements of those paragraphs, 
                except such reassigned judges shall not be subject to 
                the term of service requirements set forth in 
                subsection (c); and
                    ``(B) the chief judge shall, within 30 days of 
                emergency temporary reassignment pursuant to 
                subparagraph (A), submit a report to the President and 
                Congress describing--
                            ``(i) the nature of the emergency;
                            ``(ii) how the emergency was addressed, 
                        including which judges were reassigned; and
                            ``(iii) whether and why an increase in the 
                        number of Family Court judges authorized in 
                        subsection (a)(1) may be necessary to serve the 
                        needs of families and children in the District 
                        of Columbia.
            ``(3) Composition.--The total number of judges on the 
        Superior Court may exceed the limit on such judges specified in 
        section 11-903 to the extent necessary to maintain the 
        requirements of this subsection if--
                    ``(A) the number of judges serving on the Family 
                Court is less than 15; and
                    ``(B) the Chief Judge of the Superior Court--
                            ``(i) is unable to secure a volunteer judge 
                        who is sitting on the Superior Court outside of 
                        the Family Court for reassignment to the Family 
                        Court;
                            ``(ii) obtains approval of the Joint 
                        Committee on Judicial Administration; and
                            ``(iii) reports to Congress regarding the 
                        circumstances that gave rise to the necessity 
                        to exceed the cap.
    ``(b) Qualifications.--The chief judge may not assign an individual 
to serve on the Family Court of the Superior Court or handle a Family 
Court case unless--
            ``(1) the individual has training or expertise in family 
        law;
            ``(2) the individual certifies to the chief judge that the 
        individual intends to serve the full term of service, except 
        that this paragraph shall not apply with respect to individuals 
        serving as senior judges under section 11-1504, individuals 
        serving as temporary judges under section 11-908, and any other 
        judge serving in another division of the Superior Court who is 
        reassigned on an emergency temporary basis pursuant to 
        subsection (a)(2);
            ``(3) the individual certifies to the chief judge that the 
        individual will participate in the ongoing training programs 
        carried out for judges of the Family Court under section 11-
        1104(c); and
            ``(4) the individual meets the requirements of section 11-
        1501(b).
    ``(c) Term of Service.--
            ``(1) In general.--Except as provided in paragraph (2), an 
        individual assigned to serve as a judge of the Family Court of 
        the Superior Court shall serve for a term of 5 years.
            ``(2) Special rule for judges serving on superior court on 
        date of enactment of family court act of 2001.--
                    ``(A) In general.--An individual assigned to serve 
                as a judge of the Family Court of the Superior Court 
                who is serving as a judge of the Superior Court on the 
                date of the enactment of the District of Columbia 
                Family Court Act of 2001 shall serve for a term of not 
                fewer than 3 years.
                    ``(B) Reduction of period for judges serving in 
                family division.--In the case of a judge of the 
                Superior Court who is serving as a judge in the Family 
                Division of the Court on the date of the enactment of 
                the District of Columbia Family Court Act of 2001, the 
                3-year term applicable under subparagraph (A) shall be 
                reduced by the length of any period of consecutive 
                service as a judge in such Division immediately 
                preceding the date of the enactment of such Act.
            ``(3) Assignment for additional service.--After the term of 
        service of a judge of the Family Court (as described in 
        paragraph (1)) expires, at the judge's request and with the 
        approval of the chief judge, the judge may be assigned for 
        additional service on the Family Court for a period of such 
        duration (consistent with section 431(c) of the District of 
        Columbia Home Rule Act) as the chief judge may provide.
            ``(4) Permitting service on family court for entire term.--
        At the request of the judge and with the approval of the chief 
        judge, a judge may serve as a judge of the Family Court for the 
        judge's entire term of service as a judge of the Superior Court 
        under section 431(c) of the District of Columbia Home Rule Act.
    ``(d) Reassignment to Other Divisions.--The chief judge may 
reassign a judge of the Family Court to any division of the Superior 
Court if the chief judge determines that in the interest of justice the 
judge is unable to continue serving in the Family Court.''.
    (b) Plan for Family Court Transition.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the chief judge of the Superior 
        Court of the District of Columbia shall prepare and submit to 
        the President and Congress a transition plan for the Family 
        Court of the Superior Court, and shall include in the plan the 
        following:
                    (A) The chief judge's determination of the role and 
                function of the presiding judge of the Family Court.
                    (B) The chief judge's determination of the number 
                of judges needed to serve on the Family Court.
                    (C) The chief judge's determination of the number 
                of magistrate judges of the Family Court needed for 
                appointment under section 11-1732, District of Columbia 
                Code.
                    (D) The chief judge's determination of the 
                appropriate functions of such magistrate judges, 
                together with the compensation of and other personnel 
                matters pertaining to such magistrate judges.
                    (E) A plan for case flow, case management, and 
                staffing needs (including the needs for both judicial 
                and nonjudicial personnel) for the Family Court, 
                including a description of how the Superior Court will 
                handle the one family, one judge requirement pursuant 
                to section 11-1104(a) for all cases and proceedings 
                assigned to the Family Court.
                    (F) A plan for space, equipment, and other physical 
                plant needs and requirements during the transition, as 
                determined in consultation with the Administrator of 
                General Services.
                    (G) An analysis of the number of magistrate judges 
                needed under the expedited appointment procedures 
                established under section 6(d) in reducing the number 
                of pending actions and proceedings within the 
                jurisdiction of the Family Court (as described in 
                section 11-902(d), District of Columbia, as amended by 
                subsection (a)).
                    (H) Consistent with the requirements of paragraph 
                (2), a proposal for the disposition or transfer to the 
                Family Court of child abuse and neglect actions pending 
                as of the date of enactment of this Act (which were 
                initiated in the Family Division but remain pending 
                before judges serving in other Divisions of the 
                Superior Court as of such date) in a manner consistent 
                with applicable Federal and District of Columbia law 
                and best practices, including best practices developed 
                by the American Bar Association and the National 
                Council of Juvenile and Family Court Judges.
                    (I) An estimate of the number of cases for which 
                the deadline for disposition or transfer to the Family 
                Court, specified in paragraph (2)(B), cannot be met and 
                the reasons why such deadline cannot be met.
            (2) Implementation of the plan for transfer or disposition 
        of actions and proceedings to family court.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the chief judge of the Superior Court and the 
                presiding judge of the Family Court shall take such 
                steps as may be required as provided in the proposal 
                for disposition of actions and proceedings under 
                paragraph (1)(H) to ensure that each child abuse and 
                neglect action of the Superior Court (as described in 
                section 11-902(d), District of Columbia Code, as 
                amended by subsection (a)) is transferred to the Family 
                Court or otherwise disposed of as provided in 
                subparagraph (B).
                    (B) Deadline.--
                            (i) In general.--Notwithstanding any other 
                        provision of this Act or any amendment made by 
                        this Act and except as provided in subparagraph 
                        (C), no child abuse or neglect action shall 
                        remain pending with a judge not serving on the 
                        Family Court upon the expiration of 18 months 
                        after the filing of the transition plan 
                        required under paragraph (1).
                            (ii) Rule of construction.--The chief judge 
                        of the Superior Court should make every effort 
                        to provide for the earliest practicable 
                        disposition of actions. Nothing in this 
                        subparagraph shall preclude the immediate 
                        transfer of cases to the Family Court, 
                        particularly cases which have been filed with 
                        the court for less than 6 months prior to the 
                        date of enactment of this Act.
                    (C) Retained cases.--Child abuse and neglect cases 
                that were initiated in the Family Division but remain 
                pending before judges, including senior judges as 
                defined in section 11-1504, District of Columbia Code, 
                in other Divisions of the Superior Court as of the date 
                of enactment of this Act may remain before judges, 
                including senior judges, in such other Divisions when--
                            (i) the case remains at all times in full 
                        compliance with Public Law 105-89, if 
                        applicable;
                            (ii) the chief judge determines, in 
                        consultation with the presiding judge of the 
                        Family Court, based on the record in the case 
                        and any unique expertise, training, or 
                        knowledge of the case that the judge might 
                        have, that permitting the judge to retain the 
                        case would lead to permanent placement of the 
                        child more quickly than reassignment to a judge 
                        in the Family Court.
                    (D) Priority for certain actions and proceedings.--
                The chief judge of the Superior Court, in consultation 
                with the presiding judge of the Family Court, shall 
                give priority consideration to the disposition or 
                transfer of the following actions and proceedings:
                            (i) The action or proceeding involves an 
                        allegation of abuse or neglect.
                            (ii) The action or proceeding was initiated 
                        in the family division prior to the 2-year 
                        period which ends on the date of enactment of 
                        this Act.
                            (iii) The judge to whom the action or 
                        proceeding is assigned as of the date of 
                        enactment of this Act is not assigned to the 
                        Family Division.
                    (E) Progress reports.--The chief judge of the 
                Superior Court shall submit reports to the President, 
                to the Committee on Appropriations of each House, the 
                Committee on Governmental Affairs of the Senate, and 
                the Committee on Government Reform of the House of 
                Representatives at 6-month intervals for a period of 2 
                years after the date of submission of the transition 
                plan required under paragraph (1) on the progress made 
                towards disposing of actions or proceedings described 
                in subparagraph (B).
                    (F) Rule of construction.--Nothing in this 
                subsection shall preclude the chief judge, in 
                consultation with the presiding judge of the Family 
                Court, from transferring actions or proceedings pending 
                before judges outside the Family Court at the enactment 
                of this Act which do not involve allegations of abuse 
                and neglect but which would otherwise fall under the 
                jurisdiction of the Family Court to judges in the 
                Family Court prior to the deadline as defined in 
                subparagraph 2(B), particularly if such transfer would 
                result in more efficient resolution of such actions or 
                proceedings.
            (3) Effective date of implementation of plan.--The chief 
        judge of the Superior Court may not take any action to 
        implement the transition plan under this subsection until the 
        expiration of the 30-day period which begins on the date the 
        chief judge submits the plan to the President and Congress 
        under paragraph (1).
    (c) Transition to Required Number of Judges.--
            (1) Analysis by chief judge of superior court.--The chief 
        judge of the Superior Court of the District of Columbia shall 
        include in the transition plan prepared under subsection (b)--
                    (A) the chief judge's determination of the number 
                of individuals serving as judges of the Superior Court 
                who--
                            (i) meet the qualifications for judges of 
                        the Family Court of the Superior Court under 
                        section 11-908A, District of Columbia Code (as 
                        added by subsection (a)); and
                            (ii) are willing and able to serve on the 
                        Family Court; and
                    (B) if the chief judge determines that the number 
                of individuals described in subparagraph (A) is less 
                than 15, a request that the Judicial Nomination 
                Commission recruit and the President nominate (in 
                accordance with section 433 of the District of Columbia 
                Home Rule Act) such additional number of individuals to 
                serve on the Superior Court who meet the qualifications 
                for judges of the Family Court under section 11-908A, 
                District of Columbia Code, as may be required to enable 
                the chief judge to make the required number of 
                assignments.
            (2) Role of district of columbia judicial nomination 
        commission.--For purposes of section 434(d)(1) of the District 
        of Columbia Home Rule Act, the submission of a request from the 
        chief judge of the Superior Court of the District of Columbia 
        under paragraph (1)(B) shall be deemed to create a number of 
        vacancies in the position of judge of the Superior Court equal 
        to the number of additional appointments so requested by the 
        chief judge, except that the deadline for the submission by the 
        District of Columbia Judicial Nomination Commission of nominees 
        to fill such vacancies shall be 90 days after the creation of 
        such vacancies. In carrying out this paragraph, the District of 
        Columbia Judicial Nomination Commission shall recruit 
        individuals for possible nomination and appointment to the 
        Superior Court who meet the qualifications for judges of the 
        Family Court of the Superior Court.
    (d) Report by Comptroller General.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, the Comptroller General shall 
        prepare and submit to Congress and the chief judge of the 
        Superior Court of the District of Columbia a report on the 
        implementation of this Act (including the implementation of the 
        transition plan under subsection (b)), and shall include in the 
        report the following:
                    (A) An analysis of the procedures used to make the 
                initial appointments of judges of the Family Court 
                under this Act and the amendments made by this Act, 
                including an analysis of the time required to make such 
                appointments and the effect of the qualification 
                requirements for judges of the Court (including 
                requirements relating to the length of service on the 
                Court) on the time required to make such appointments.
                    (B) An analysis of the impact of magistrate judges 
                for the Family Court (including the expedited initial 
                appointment of magistrate judges for the Court under 
                section 6(d)) on the workload of judges and other 
                personnel of the Court.
                    (C) An analysis of the number of judges needed for 
                the Family Court, including an analysis of how the 
                number may be affected by the qualification 
                requirements for judges, the availability of magistrate 
                judges, and other provisions of this Act or the 
                amendments made by this Act.
                    (D) An analysis of the timeliness of the resolution 
                and disposition of pending actions and proceedings 
                required under the transition plan (as described in 
                paragraphs (1)(I) and (2) of subsection (b)), including 
                an analysis of the effect of the availability of 
                magistrate judges on the time required to resolve and 
                dispose of such actions and proceedings.
            (2) Submission to chief judge of superior court.--Prior to 
        submitting the report under paragraph (1) to Congress, the 
        Comptroller General shall provide a preliminary version of the 
        report to the chief judge of the Superior Court and shall take 
        any comments and recommendations of the chief judge into 
        consideration in preparing the final version of the report.
    (e) Conforming Amendment.--The first sentence of section 11-908(a), 
District of Columbia Code, is amended by striking ``The chief judge'' 
and inserting ``Subject to section 11-908A, the chief judge''.
    (f) Clerical Amendment.--The table of sections for chapter 9 of 
title 11, District of Columbia Code, is amended by inserting after the 
item relating to section 11-908 the following new item:

``11-908A. Special rules regarding assignment and service of judges of 
                            Family Court.''.

SEC. 4. IMPROVING ADMINISTRATION OF CASES AND PROCEEDINGS IN FAMILY 
              COURT.

    (a) In General.--Chapter 11 of title 11, District of Columbia, is 
amended by striking section 1101 and inserting the following:
``Sec. 11-1101. Jurisdiction of the Family Court
    ``(a) In General.--The Family Court of the District of Columbia 
shall be assigned and have original jurisdiction over--
            ``(1) actions for divorce from the bond of marriage and 
        legal separation from bed and board, including proceedings 
        incidental thereto for alimony, pendente lite and permanent, 
        and for support and custody of minor children;
            ``(2) applications for revocation of divorce from bed and 
        board;
            ``(3) actions to enforce support of any person as required 
        by law;
            ``(4) actions seeking custody of minor children, including 
        petitions for writs of habeas corpus;
            ``(5) actions to declare marriages void;
            ``(6) actions to declare marriages valid;
            ``(7) actions for annulments of marriage;
            ``(8) determinations and adjudications of property rights, 
        both real and personal, in any action referred to in this 
        section, irrespective of any jurisdictional limitation imposed 
        on the Superior Court;
            ``(9) proceedings in adoption;
            ``(10) proceedings under the Act of July 10, 1957 (D.C. 
        Code, secs. 30-301 to 30-324);
            ``(11) proceedings to determine paternity of any child born 
        out of wedlock;
            ``(12) civil proceedings for protection involving 
        intrafamily offenses, instituted pursuant to chapter 10 of 
        title 16;
            ``(13) proceedings in which a child, as defined in section 
        16-2301, is alleged to be delinquent, neglected, or in need of 
        supervision;
            ``(14) proceedings under chapter 5 of title 21 relating to 
        the commitment of the mentally ill;
            ``(15) proceedings under chapter 13 of title 7 relating to 
        the commitment of the at least moderately mentally retarded; 
        and
            ``(16) proceedings under Interstate Compact on Juveniles 
        (described in title IV of the District of Columbia Court Reform 
        and Criminal Procedure Act of 1970).
    ``(b) Definition.--
            ``(1) In general.--In this chapter, the term `action or 
        proceeding' with respect to the Family Court refers to cause of 
        action described in paragraphs (1) through (16) of subsection 
        (a).
            ``(2) Exception.--An action or proceeding may be assigned 
        to or retained by cross-jurisdictional units established by the 
        Superior Court, including the Domestic Violence Unit.
``Sec. 11-1102. Use of alternative dispute resolution
    ``To the greatest extent practicable and safe, cases and 
proceedings in the Family Court of the Superior Court shall be resolved 
through alternative dispute resolution procedures, in accordance with 
such rules as the Superior Court may promulgate.
``Sec. 11-1103. Standards of practice for appointed counsel
    ``The Superior Court shall establish standards of practice for 
attorneys appointed as counsel in the Family Court of the Superior 
Court.
``Sec. 11-1104. Administration
    ``(a) `One Family, One Judge' Requirement for Cases and 
Proceedings.--To the greatest extent practicable, feasible, and lawful, 
if an individual who is a party to an action or proceeding assigned to 
the Family Court has an immediate family or household member who is a 
party to another action or proceeding assigned to the Family Court, the 
individual's action or proceeding shall be assigned to the same judge 
or magistrate judge to whom the immediate family member's action or 
proceeding is assigned.
    ``(b) Retention of Jurisdiction Over Cases.--
            ``(1) In general.--In addition to the requirement of 
        subsection (a), any action or proceeding assigned to the Family 
        Court of the Superior Court shall remain under the jurisdiction 
        of the Family Court until the action or proceeding is finally 
        disposed, except as provided in paragraph (2)(D).
            ``(2) One family, one judge.--
                    ``(A) For the duration.--An action or proceeding 
                assigned pursuant to this subsection shall remain with 
                the judge or magistrate judge in the Family Court to 
                whom the action or proceeding is assigned for the 
                duration of the action or proceeding to the greatest 
                extent practicable, feasible, and lawful, subject to 
                subparagraph (C).
                    ``(B) All cases involving an individual.--If an 
                individual who is a party to an action or proceeding 
                assigned to the Family Court becomes a party to another 
                action or proceeding assigned to the Family Court, the 
                individual's subsequent action or proceeding shall be 
                assigned to the same judge or magistrate judge to whom 
                the individual's initial action or proceeding is 
                assigned to the greatest extent practicable and 
                feasible.
                    ``(C) Family court case retention.--If the full 
                term of a Family Court judge to whom the action or 
                proceeding is assigned is completed prior to the final 
                disposition of the action or proceeding, the presiding 
                judge of the Family Court shall ensure that the matter 
                or proceeding is reassigned to a judge serving on the 
                Family Court.
                    ``(D) Exception.--A judge whose full term on the 
                Family Court is completed but who remains in Superior 
                Court may retain the case or proceeding for not more 
                than 6 months or, in extraordinary circumstances, for 
                not more than 12 months after ceasing to serve if--
                            ``(i) the case remains at all times in full 
                        compliance with Public Law 105-89, if 
                        applicable; and
                            ``(ii) if Public Law 105-89 is applicable, 
                        the chief judge determines, in consultation 
                        with the presiding judge of the Family Court, 
                        based on the record in the case and any unique 
                        expertise, training or knowledge of the case 
                        that the judge might have, that permitting the 
                        judge to retain the case would lead to 
                        permanent placement of the child more quickly 
                        than reassignment to a judge in the Family 
                        Court.
            ``(3) Standards of judicial ethics.--The actions of a judge 
        or magistrate judge in retaining an action or proceeding under 
        this paragraph shall be subject to applicable standards of 
        judicial ethics.
    ``(c) Training Program.--
            ``(1) In general.--The chief judge, in consultation with 
        the presiding judge of the Family Court, shall carry out an 
        ongoing program to provide training in family law and related 
        matters for judges of the Family Court and other judges of the 
        Superior Court who are assigned Family Court cases, including 
        magistrate judges, attorneys who practice in the Family Court, 
        and appropriate nonjudicial personnel, and shall include in the 
        program information and instruction regarding the following:
                    ``(A) Child development.
                    ``(B) Family dynamics, including domestic violence.
                    ``(C) Relevant Federal and District of Columbia 
                laws.
                    ``(D) Permanency planning principles and practices.
                    ``(E) Recognizing the risk factors for child abuse.
                    ``(F) Any other matters the presiding judge 
                considers appropriate.
            ``(2) Use of cross-training.--The program carried out under 
        this section shall use the resources of lawyers and legal 
        professionals, social workers, and experts in the field of 
        child development and other related fields.
    ``(d) Accessibility of Materials, Services, and Proceedings; 
Promotion of `Family-Friendly' Environment.--
            ``(1) In general.--To the greatest extent practicable, the 
        chief judge and the presiding judge of the Family Court shall 
        ensure that the materials and services provided by the Family 
        Court are understandable and accessible to the individuals and 
        families served by the Family Court, and that the Family Court 
        carries out its duties in a manner which reflects the special 
        needs of families with children.
            ``(2) Location of proceedings.--To the maximum extent 
        feasible, safe, and practicable, cases and proceedings in the 
        Family Court shall be conducted at locations readily accessible 
        to the parties involved.
    ``(e) Integrated Computerized Case Tracking and Management 
System.--The Executive Officer of the District of Columbia courts under 
section 11-1703 shall work with the chief judge of the Superior Court--
            ``(1) to ensure that all records and materials of cases and 
        proceedings in the Family Court are stored and maintained in 
        electronic format accessible by computers for the use of 
        judges, magistrate judges, and nonjudicial personnel of the 
        Family Court, and for the use of other appropriate offices of 
        the District government in accordance with the plan for 
        integrating computer systems prepared by the Mayor of the 
        District of Columbia under section 4(b) of the District of 
        Columbia Family Court Act of 2001;
            ``(2) to establish and operate an electronic tracking and 
        management system for cases and proceedings in the Family Court 
        for the use of judges and nonjudicial personnel of the Family 
        Court, using the records and materials stored and maintained 
        pursuant to paragraph (1); and
            ``(3) to expand such system to cover all divisions of the 
        Superior Court as soon as practicable.
``Sec. 11-1105. Social services and other related services
    ``(a) Onsite Coordination of Services and Information.--
            ``(1) In general.--The Mayor of the District of Columbia, 
        in consultation with the chief judge of the Superior Court, 
        shall ensure that representatives of the appropriate offices of 
        the District government which provide social services and other 
        related services to individuals and families served by the 
        Family Court (including the District of Columbia Public 
        Schools, the District of Columbia Housing Authority, the Child 
        and Family Services Agency, the Office of the Corporation 
        Counsel, the Metropolitan Police Department, the Department of 
        Health, and other offices determined by the Mayor) are 
        available on-site at the Family Court to coordinate the 
        provision of such services and information regarding such 
        services to such individuals and families.
            ``(2) Duties of heads of offices.--The head of each office 
        described in paragraph (1), including the Superintendent of the 
        District of Columbia Public Schools and the Director of the 
        District of Columbia Housing Authority, shall provide the Mayor 
        with such information, assistance, and services as the Mayor 
        may require to carry out such paragraph.
    ``(b) Appointment of Social Services Liaison With Family Court.--
The Mayor of the District of Columbia shall appoint an individual to 
serve as a liaison between the Family Court and the District government 
for purposes of subsection (a) and for coordinating the delivery of 
services provided by the District government with the activities of the 
Family Court and for providing information to the judges, magistrate 
judges, and nonjudicial personnel of the Family Court regarding the 
services available from the District government to the individuals and 
families served by the Family Court. The Mayor shall provide on an 
ongoing basis information to the chief judge of the Superior Court and 
the presiding judge of the Family Court regarding the services of the 
District government which are available for the individuals and 
families served by the Family Court.
``Sec. 11-1106. Reports to Congress
    ``Not later than 90 days after the end of each calendar year, the 
chief judge of the Superior Court shall submit a report to Congress on 
the activities of the Family Court during the year, and shall include 
in the report the following:
            ``(1) The chief judge's assessment of the productivity and 
        success of the use of alternative dispute resolution pursuant 
        to section 11-1102.
            ``(2) Goals and timetables as required by the Adoption and 
        Safe Families Act of 1997 to improve the Family Court's 
        performance in the following year.
            ``(3) Information on the extent to which the Family Court 
        met deadlines and standards applicable under Federal and 
        District of Columbia law to the review and disposition of 
        actions and proceedings under the Family Court's jurisdiction 
        during the year.
            ``(4) Information on the progress made in establishing 
        locations and appropriate space for the Family Court that are 
        consistent with the mission of the Family Court until such time 
        as the locations and space are established.
            ``(5) Information on any factors which are not under the 
        control of the Family Court which interfere with or prevent the 
        Family Court from carrying out its responsibilities in the most 
        effective manner possible.
            ``(6) Information on--
                    ``(A) the number of judges serving on the Family 
                Court as of the end of the year;
                    ``(B) how long each such judge has served on the 
                Family Court;
                    ``(C) the number of cases retained outside the 
                Family Court;
                    ``(D) the number of reassignments to and from the 
                Family Court; and
                    ``(E) the ability to recruit qualified sitting 
                judges to serve on the Family Court.
            ``(7) Based on outcome measures derived through the use of 
        the information stored in electronic format under section 11-
        1104(d), an analysis of the Family Court's efficiency and 
        effectiveness in managing its case load during the year, 
        including an analysis of the time required to dispose of 
        actions and proceedings among the various categories of the 
        Family Court's jurisdiction, as prescribed by applicable law 
        and best practices, including (but not limited to) best 
        practices developed by the American Bar Association and the 
        National Council of Juvenile and Family Court Judges.
            ``(8) If the Family Court failed to meet the deadlines, 
        standards, and outcome measures described in the previous 
        paragraphs, a proposed remedial action plan to address the 
        failure.''.
    (b) Expedited Appeals for Certain Family Court Actions and 
Proceedings.--Section 11-721, District of Columbia Code, is amended by 
adding at the end the following new subsection:
    ``(g) Any appeal from an order of the Family Court of the District 
of Columbia terminating parental rights or granting or denying a 
petition to adopt shall receive expedited review by the District of 
Columbia Court of Appeals.''.
    (c) Plan for Integrating Computer Systems.--
            (1) In general.--Not later than 6 months after the date of 
        the enactment of this Act, the Mayor of the District of 
        Columbia shall submit to the President and Congress a plan for 
        integrating the computer systems of the District government 
        with the computer systems of the Superior Court of the District 
        of Columbia so that the Family Court of the Superior Court and 
        the appropriate offices of the District government which 
        provide social services and other related services to 
        individuals and families served by the Family Court of the 
        Superior Court (including the District of Columbia Public 
        Schools, the District of Columbia Housing Authority, the Child 
        and Family Services Agency, the Office of the Corporation 
        Counsel, the Metropolitan Police Department, the Department of 
        Health, and other offices determined by the Mayor) will be able 
        to access and share information on the individuals and families 
        served by the Family Court.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to the Mayor of the District of Columbia 
        such sums as may be necessary to carry out paragraph (1).
    (d) Clerical Amendment.--The table of sections for chapter 11 of 
title 11, District of Columbia Code, is amended by adding at the end 
the following new items:

``11-1102. Use of alternative dispute resolution.
``11-1103. Standards of practice for appointed counsel.
``11-1104. Administration.
``11-1105. Social services and other related services.
``11-1106. Reports to Congress.''.

SEC. 5. TREATMENT OF HEARING COMMISSIONERS AS MAGISTRATE JUDGES.

    (a) In General.--
            (1) Redesignation of title.--Section 11-1732, District of 
        Columbia Code, is amended--
                    (A) by striking ``hearing commissioners'' each 
                place it appears in subsection (a), subsection (b), 
                subsection (d), subsection (i), subsection (l), and 
                subsection (n) and inserting ``magistrate judges'';
                    (B) by striking ``hearing commissioner'' each place 
                it appears in subsection (b), subsection (c), 
                subsection (e), subsection (f), subsection (g), 
                subsection (h), and subsection (j) and inserting 
                ``magistrate judge'';
                    (C) by striking ``hearing commissioner's'' each 
                place it appears in subsection (e) and subsection (k) 
                and inserting ``magistrate judge's'';
                    (D) by striking ``Hearing commissioners'' each 
                place it appears in subsections (b), (d), and (i) and 
                inserting ``Magistrate judges''; and
                    (E) in the heading, by striking ``Hearing 
                commissioners'' and inserting ``Magistrate judges''.
            (2) Conforming amendments.--Section 16-924, District of 
        Columbia Code, is amended--
                    (A) by striking ``hearing commissioner'' each place 
                it appears and inserting ``magistrate judge''; and
                    (B) in subsection (f), by striking ``hearing 
                commissioner's'' and inserting ``magistrate judge's''.
            (3) Clerical amendment.--The item relating to section 11-
        1732 of the table of sections of chapter 17 of title 11, D.C. 
        Code, is amended to read as follows:

``11-1732. Magistrate judges.''.
    (b) Transition Provision Regarding Hearing Commissioners.--Any 
individual serving as a hearing commissioner under section 11-1732 of 
the District of Columbia Code as of the date of the enactment of this 
Act shall serve the remainder of such individual's term as a magistrate 
judge, and may be reappointed as a magistrate judge in accordance with 
section 11-1732(d), District of Columbia Code, except that any 
individual serving as a hearing commissioner as of the date of the 
enactment of this Act who was appointed as a hearing commissioner prior 
to the effective date of section 11-1732 of the District of Columbia 
Code shall not be required to be a resident of the District of Columbia 
to be eligible to be reappointed.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 6. SPECIAL RULES FOR MAGISTRATE JUDGES OF FAMILY COURT.

    (a) In General.--Chapter 17 of title 11, District of Columbia Code, 
is amended by inserting after section 11-1732 the following new 
section:
``Sec. 11-1732A. Special rules for magistrate judges of the Family 
              Court of the Superior Court and the Domestic Violence 
              Unit
    ``(a) Use of Social Workers in Advisory Merit Selection Panel.--The 
advisory selection merit panel used in the selection of magistrate 
judges for the Family Court of the Superior Court under section 11-
1732(b) shall include certified social workers specializing in child 
welfare matters who are residents of the District and who are not 
employees of the District of Columbia Courts.
    ``(b) Special Qualifications.--Notwithstanding section 11-1732(c), 
no individual shall be appointed or assigned as a magistrate judge for 
the Family Court of the Superior Court or as a magistrate judge for the 
Domestic Violence Unit handling actions or proceedings which would 
otherwise be under the jurisdiction of the Family Court unless that 
individual--
            ``(1) is a citizen of the United States;
            ``(2) is an active member of the unified District of 
        Columbia Bar;
            ``(3) for the 5 years immediately preceding the appointment 
        has been engaged in the active practice of law in the District, 
        has been on the faculty of a law school in the District, or has 
        been employed as a lawyer by the United States or District 
        government, or any combination thereof;
            ``(4) has not fewer than 3 years of training or experience 
        in the practice of family law as a lawyer or judicial officer; 
        and
            ``(5)(A) is a bona fide resident of the District of 
        Columbia and has maintained an actual place of abode in the 
        District for at least 90 days immediately prior to appointment, 
        and retains such residency during service as a magistrate 
        judge; or
            ``(B) is a bona fide resident of the areas consisting of 
        Montgomery and Prince George's Counties in Maryland, Arlington 
        and Fairfax Counties, and the City of Alexandria in Virginia, 
        has maintained an actual place of abode in such area, areas, or 
        the District of Columbia for at least 5 years prior to 
        appointment, and certifies that the individual will become a 
        bona fide resident of the District of Columbia not later than 
        90 days after appointment.
    ``(c) Service of Current Hearing Commissioners.--Those individuals 
serving as hearing commissioners under section 11-1732 on the effective 
date of this section who meet the qualifications described in 
subsection (b)(4) may request to be appointed as magistrate judges for 
the Family Court of the Superior Court under such section.
    ``(d) Functions of Family Court and Domestic Violence Unit 
Magistrates.--A magistrate judge, when specifically designated by the 
chief judge in consultation with the appropriate presiding judge to 
serve in the Family Court or in the Domestic Violence Unit and subject 
to the rules of the Superior Court and the right of review under 
section 11-1732(k), may perform the following functions:
            ``(1) Administer oaths and affirmations and take 
        acknowledgements.
            ``(2) Subject to the rules of the Superior Court and 
        applicable Federal and District of Columbia law, conduct 
        hearings, make findings and enter interim and final orders or 
        judgments in uncontested or contested proceedings within the 
        jurisdiction of the Family Court and the Domestic Violence Unit 
        of the Superior Court (as described in section 11-1101), 
        excluding jury trials and trials of felony cases, as assigned 
        by the appropriate presiding judge.
            ``(3) Subject to the rules of the Superior Court, enter an 
        order punishing an individual for contempt, except that no 
        individual may be detained pursuant to the authority of this 
        paragraph for longer than 180 days.
    ``(e) Location of Proceedings.--To the maximum extent feasible, 
safe, and practicable, magistrate judges of the Family Court of the 
Superior Court shall conduct proceedings at locations readily 
accessible to the parties involved.
    ``(f) Training.--The chief judge, in consultation with the 
presiding judge of the Family Court of the Superior Court, shall ensure 
that all magistrate judges of the Family Court receive training to 
enable them to fulfill their responsibilities, including specialized 
training in family law and related matters.''.
    (b) Conforming Amendments.--(1) Section 11-1732(a), District of 
Columbia Code, is amended by inserting after ``the duties enumerated in 
subsection (j) of this section'' the following: ``(or, in the case of 
magistrate judges for the Family Court or the Domestic Violence Unit of 
the Superior Court, the duties enumerated in section 11-1732A(d))''.
    (2) Section 11-1732(c), District of Columbia Code, is amended by 
striking ``No individual'' and inserting ``Except as provided in 
section 11-1732A(b), no individual''.
    (3) Section 11-1732(k), District of Columbia Code, is amended--
            (A) by striking ``subsection (j),'' and inserting the 
        following: ``subsection (j) (or proceedings and hearings under 
        section 11-1732A(d), in the case of magistrate judges for the 
        Family Court or the Domestic Violence Unit of the Superior 
        Court),''; and
            (B) by inserting after ``appropriate division'' the 
        following: ``(or, in the case of an order or judgment of a 
        magistrate judge of the Family Court or the Domestic Violence 
        Unit of the Superior Court, by a judge of the Family Court or 
        the Domestic Violence Unit)''.
    (4) Section 11-1732(l), District of Columbia Code, is amended by 
inserting after ``responsibilities'' the following: ``(subject to the 
requirements of section 11-1732A(f) in the case of magistrate judges of 
the Family Court of the Superior Court or the Domestic Violence 
Unit)''.
    (c) Clerical Amendment.--The table of sections for subchapter II of 
chapter 17 of title 11, District of Columbia, is amended by inserting 
after the item relating to section 11-1732 the following new item:

``11-1732A. Special rules for magistrate judges of the Family Court of 
                            the Superior Court and the Domestic 
                            Violence Unit.''.
    (d) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect on the date of enactment of this Act.
            (2) Expedited initial appointments.--
                    (A) In general.--Not later than 60 days after the 
                date of enactment of this Act, the chief judge of the 
                Superior Court of the District of Columbia shall 
                appoint individuals to serve as magistrate judges for 
                the Family Division of the Superior Court in accordance 
                with the requirements of sections 11-1732 and 11-1732A, 
                District of Columbia Code (as added by subsection (a)), 
                for the purpose of assisting with the implementation of 
                the transition plan under section 3(b) of this Act, and 
                in particular with the transition or disposal of 
                actions or proceedings pursuant to section 3(b)(2) of 
                this Act.
                    (B) Transition responsibilities of initially 
                appointed family court magistrates.--The chief judge of 
                the Superior Court and the presiding judge of the 
                Family Division of the Superior Court (acting jointly) 
                shall first assign the magistrate judges of Family 
                Court appointed under this paragraph to work with 
                judges to whom the cases are currently assigned in 
                making case disposition or transfer decisions as 
                follows:
                            (i) The action or proceeding involves an 
                        allegation of abuse or neglect.
                            (ii) The judge to whom the action or 
                        proceeding is assigned as of the date of 
                        enactment of this Act is not assigned to the 
                        Family Division.
                            (iii) The action or proceeding was 
                        initiated in the Family Division prior to the 
                        2-year period which ends on the date of 
                        enactment of this Act.
                    (C) Rule of construction.--Nothing in this 
                subsection shall be construed to preclude magistrate 
                judges appointed pursuant to this subsection from 
                performing upon appointment any or all of the functions 
                of magistrate judges of the Family Court or Domestic 
                Violence Unit as set forth in subsection 11-1732A(d).

SEC. 7. SENSE OF CONGRESS REGARDING BORDER AGREEMENT WITH MARYLAND AND 
              VIRGINIA.

    It is the sense of Congress that the State of Maryland, the 
Commonwealth of Virginia, and the District of Columbia should promptly 
enter into a border agreement to facilitate the timely and safe 
placement of children in the District of Columbia's welfare system in 
foster and kinship homes and other facilities in Maryland and Virginia.

SEC. 8. SENSE OF THE SENATE REGARDING THE USE OF COURT APPOINTED 
              SPECIAL ADVOCATES.

    It is the sense of the Senate that the chief judge of the Superior 
Court and the presiding judge of the Family Division should take all 
steps necessary to encourage, support, and improve the use of Court 
Appointed Special Advocates (CASA) in family court actions or 
proceedings.

SEC. 9. INTERIM REPORTS.

    Not later than 12 months after the date of enactment of this Act, 
the chief judge of the Superior Court and the presiding judge of the 
Family Court--
            (1) in consultation with the General Services 
        Administration, shall submit to Congress a feasibility study 
        for the construction, lease, or acquisition of appropriate 
        permanent courts and facilities for the Family Court; and
            (2) shall submit to Congress an analysis of the success of 
        the use of magistrate judges under the expedited appointment 
        procedures established under section 6(d) in reducing the 
        number of pending actions and proceedings within the 
        jurisdiction of the Family Court (as described in section 11-
        902(d), District of Columbia).

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Courts of the 
District of Columbia and the District of Columbia such sums as may be 
necessary to carry out the amendments made by this Act.

SEC. 11. EFFECTIVE DATE.

    The amendments made by this Act shall take effect upon enactment of 
this Act.

            Attest:

                                                             Secretary.
107th CONGRESS

  1st Session

                               H. R. 2657

_______________________________________________________________________

                               AMENDMENT