[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2657 Enrolled Bill (ENR)]

        H.R.2657

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
             the third day of January, two thousand and one


                                 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.

    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 ``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; and
                (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.

                               Speaker of the House of Representatives.

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