[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2657 Referred in Senate (RFS)]

  1st Session
                                H. R. 2657


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2001

  Received; read twice and referred to the Committee on Governmental 
                                Affairs

_______________________________________________________________________

                                 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 Family 
Court of the Superior Court and the following divisions of the Superior 
Court:
            ``(1) The Civil Division.
            ``(2) The Criminal Division.
            ``(3) The Probate Division.
            ``(4) 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 
exclusive jurisdiction over the actions, applications, determinations, 
adjudications, and proceedings described in section 11-1101, except 
that those actions within the jurisdiction of the Domestic Violence 
Unit (a section of the Civil Division, Criminal Division, and the 
Family Court) pursuant to Administrative Order No. 96-25 (October 31, 
1996) shall remain in that Unit.''.
    (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) Section 11-1101, District of Columbia Code, is amended by 
striking ``Family Division'' and inserting ``Family Court''.
    (3) 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.
    ``Upon the effective date of the District of Columbia Family Court 
Act of 2001, 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.--The number of judges serving on the Family 
Court of the Superior Court at any time may not be--
            ``(1) less than the number of judges determined by the 
        chief judge of the Superior Court to be needed to serve on the 
        Family Court under the transition plan for the Family Court 
        prepared and submitted to the President and Congress under 
        section 3(b) of the District of Columbia Family Court Act of 
        2001; or
            ``(2) greater than 15.
    ``(b) Qualifications.--The chief judge may not assign an individual 
to serve on the Family Court of the Superior Court 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; and
            ``(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).
    ``(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.--
                    ``(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 as of 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) or paragraph (2)) expires, at the judge's request 
        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, 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 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 number 
                of judges needed to serve on the Family Court.
                    (B) The chief judge's determination of the role and 
                function of the presiding judge of 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.
                    (F) A description of how the Superior Court will 
                meet the requirements of section 11-1104(a), District 
                of Columbia Code (as added by section 4(a)), regarding 
                the promulgation of rules to enforce the ``one family, 
                one judge'' requirement for cases and proceedings in 
                the Family Court.
                    (G) An analysis of the needs of the Family Court 
                for space, equipment, and other physical plant 
                requirements, as determined in consultation with the 
                Administrator of General Services.
                    (H) 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, as amended by 
                subsection (a)).
                    (I) Consistent with the requirements of paragraph 
                (2), a proposal and timetable for the disposition of 
                actions and proceedings pending in the Family Division 
                of the Superior Court as of the date of the enactment 
                of this Act (together with actions and proceedings 
                described in section 11-1101, District of Columbia 
                Code, which were initiated in the Family Division but 
                remain pending 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 (but not limited to) best 
                practices developed by the American Bar Association and 
                the National Council of Juvenile and Family Court 
                Judges.
            (2) Disposition and transfer of pending actions and 
        proceedings.--The chief judge of the Superior Court shall take 
        such actions as may be necessary to provide for the earliest 
        practicable disposition of actions and proceedings pending in 
        the Family Division of the Superior Court as of the date of the 
        enactment of this Act (together with actions and proceedings 
        described in section 11-1101, District of Columbia Code, which 
        were initiated in the Family Division but remain pending in 
        other Divisions of the Superior Court as of such date), but in 
        no event may any such action or proceeding remain pending 
        longer than 18 months after the date the chief judge submits 
        the transition plan required under paragraph (1) to the 
        President and Congress.
            (3) Transfer of actions and proceedings.--The chief judge 
        of the Superior Court shall take such steps as may be required 
        to ensure that each action or proceeding within the 
        jurisdiction of the Family Court of the Superior Court (as 
        described in section 11-902(d), District of Columbia Code, as 
        amended by subsection (a)) which is pending as of the effective 
        date described in section 9 is transferred or otherwise 
        assigned to the Family Court immediately upon such date.
            (4) 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 Appropriate 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 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
                    (B) if the chief judge determines that the number 
                of individuals described in subparagraph (A) is less 
                than the number of individuals the chief judge is 
                required to assign to the Family Court under such 
                section, a request that the President appoint (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 such section as 
                may be required to enable the chief judge to make the 
                required number of assignments.
            (2) One-time appointment of additional judges to superior 
        court for service on family court.--If the President receives a 
        request from the chief judge of the Superior Court of the 
        District of Columbia under paragraph (1)(B), the President (in 
        accordance with section 433 of the District of Columbia Home 
        Rule Act) shall appoint additional judges to the Superior Court 
        who meet the qualifications for judges of the Family Court in a 
        number equal to the number of additional appointments so 
        requested by the chief judge, and each judge so appointed shall 
        be assigned by the chief judge to serve on the Family Court of 
        the Superior Court.
            (3) 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. 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.
            (4) Judges appointed under one-time appointment procedures 
        not to count against limit on number of superior court 
        judges.--Any judge who is appointed to the Superior Court of 
        the District of Columbia pursuant to the one-time appointment 
        procedures under this subsection for assignment to the Family 
        Court of the Superior Court shall be appointed without regard 
        to the limit on the number of judges of the Superior Court 
        under section 11-903, District of Columbia Code. Any judge who 
        is appointed to the Superior Court under any procedures other 
        than the one-time appointment procedures under this subsection 
        shall count against such limit, without regard to whether or 
        not the judge is appointed to replace a judge appointed under 
        the one-time appointment procedures under this subsection or is 
        otherwise assigned to 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 effect of the 
        transition plan under subsection (b) on the implementation of 
        this Act), 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 
                subsection (b)(1)(I) and (b)(2)), 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) Ongoing Reports on Pending Cases and Proceedings.--
            (1) In general.--The chief judge of the Superior Court of 
        the District of Columbia shall submit a status report to the 
        President and Congress on the disposition of actions and 
        proceedings pending in the Family Division of the Superior 
        Court as of the date of the enactment of this Act (together 
        with actions and proceedings described in section 11-1101, 
        District of Columbia Code, which were initiated in the Family 
        Division but remain pending in other Divisions of the Superior 
        Court as of such date) and the extent to which the Court is in 
        compliance with the requirements of this Act regarding the 
        timetable for the disposition of such actions and proceedings.
            (2) Timing of reports.--The chief judge of the Superior 
        Court shall submit the report required under paragraph (1) not 
        later than 6 months after submitting the transition plan under 
        subsection (b) and every 6 months thereafter until the final 
        disposition or transfer to the Family Court of all of the 
        actions and proceedings described in such paragraph.
    (f) 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''.
    (g) 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 adding at the end the following new sections:
``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.--
            ``(1) In general.--The Superior Court shall promulgate 
        rules for the Family Court which require all issues within the 
        jurisdiction of the Family Court concerning one family or one 
        child to be decided by one judge, to the greatest extent 
        practicable, feasible, and lawful.
            ``(2) Specific requirements.--Under the rules promulgated 
        by the Superior Court under paragraph (1), to the greatest 
        extent practicable, feasible, and lawful--
                    ``(A) 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; and
                    ``(B) 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.
    ``(b) Retention of Jurisdiction Over Cases.--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. If the judge to whom the action or 
proceeding is assigned ceases to serve on the Family Court 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, unless there are 
extraordinary circumstances, subject to approval and certification by 
the presiding judge and based on appropriate documentation in the 
record, which demonstrate that a case is nearing permanency and that 
changing judges would both delay that goal and result in a violation of 
the Adoption and Safe Families Act of 1997 (or an amendment made by 
such Act).
    ``(c) Training Program.--
            ``(1) In general.--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, 
        other judges of the Superior Court, and appropriate nonjudicial 
        personnel, and shall include in the program information and 
        instruction regarding the following:
                    ``(A) Child development.
                    ``(B) Family dynamics.
                    ``(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 of the Superior 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 Court, and that the 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 Joint Committee on Judicial 
Administration in the District of Columbia--
            ``(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(c) 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) On-Site 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 Court regarding the services 
available from the District government to the individuals and families 
served by the 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.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Mayor of the District of Columbia for each fiscal 
year such sums as may be necessary to carry out this section.
``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 to improve the Family Court's 
        performance in the following year.
            ``(3) Information on the extent to which the Court met 
        deadlines and standards applicable under Federal and District 
        of Columbia law to the review and disposition of actions and 
        proceedings under the Court's jurisdiction during the year.
            ``(4) Information on the progress made in finding and 
        utilizing suitable locations and space for the Family Court.
            ``(5) Information on any factors which are not under the 
        control of the Family Court which interfere with or prevent the 
        Court from carrying out its responsibilities in the most 
        effective manner possible.
            ``(6) Based on outcome measures derived through the use of 
        the information stored in electronic format under section 11-
        1104(d), an analysis of the 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 
        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.
            ``(7) If the 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 and shall be certified by the appellant.''.
    (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.--(A) Section 11-1732(c)(3), 
        District of Columbia Code, is amended by striking ``, except 
        that'' and all that follows and inserting a period.
            (B) Section 16-924, District of Columbia Code, is amended--
                    (i) by striking ``hearing commissioner'' each place 
                it appears and inserting ``magistrate judge''; and
                    (ii) 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 Family Court of 
              the Superior Court.
    ``(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 as a magistrate judge for the Family 
Court of the Superior 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; and
            ``(5) 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 (or becomes a 
        bona fide resident of the District of Columbia and maintains an 
        actual place of abode in the District not later than 90 days 
        after appointment), and retains such residency during service 
        as a magistrate.
    ``(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.--A magistrate judge, when specifically designated 
by the presiding judge of the Family Court of the Superior Court, 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 of the Superior Court (as 
        described in section 11-1101), excluding jury trials and trials 
        of felony cases, as assigned by the presiding judge of the 
        Family Court.
            ``(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 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 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 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 of the Superior Court, by 
        a judge of the Family Court)''.
    (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)''.
    (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 Family Court of the 
                            Superior Court.''.
    (d) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect on the date of the enactment of this Act.
            (2) Expedited initial appointments.--
                    (A) In general.--Not later than 30 days after the 
                date of the enactment of this Act, the chief judge of 
                the Superior Court of the District of Columbia shall 
                appoint not more than 5 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)).
                    (B) Appointments made without regard to selection 
                panel.--Sections 11-1732(b) and 11-1732A(a), District 
                of Columbia Code (as added by subsection (a)) shall not 
                apply with respect to any magistrate judge appointed 
                under this paragraph.
                    (C) Priority for certain actions and proceedings.--
                The chief judge of the Superior Court and the presiding 
                judge of the Family Division of the Superior Court 
                (acting jointly) shall first assign and transfer to the 
                magistrate judges appointed under this paragraph 
                actions and proceedings described as follows:
                            (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 the enactment 
                        of this Act.
                            (iii) The judge to whom the action or 
                        proceeding is assigned as of the date of the 
                        enactment of this Act is not assigned to the 
                        Family Division.
            (3) Special references during transition.--During the 
        period which begins on the date of the enactment of this Act 
        and ends on the effective date described in section 9, any 
        reference to the Family Court of the Superior Court of the 
        District of Columbia in any provision of law added or amended 
        by this section shall be deemed to be a reference to the Family 
        Division of the Superior Court of the District of Columbia.

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. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the District of Columbia 
courts such sums as may be necessary to carry out this Act and the 
amendments made by this Act, including sums necessary for salaries and 
expenses and capital improvements for the District of Columbia 
courthouse facilities.

SEC. 9. EFFECTIVE DATE.

    The amendments made by sections 2 and 4 shall take effect on the 
first date occurring after the date of the enactment of this Act on 
which 10 individuals who meet the qualifications described in section 
11-908A, District of Columbia Code (as added by section 3(a)) are 
available to be assigned by the chief judge of the Superior Court of 
the District of Columbia to serve as associate judges of the Family 
Court of the Superior Court (as certified by the chief judge).

            Passed the House of Representatives September 20, 2001.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.