[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1382 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1382

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2001

  Mr. DeWine (for himself and Ms. Landrieu) introduced the following 
      bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
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.''.
    (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 at any time may not be less 
        than 12 or more than 15.
            ``(2) Report.--The total number of judges on the Superior 
        Court may exceed the limit on such judges to the extent 
        necessary to maintain the requirements of this subsection if 
        the chief judge of the Superior Court--
                    ``(A) obtains the approval of the Joint Committee 
                on Judicial Administration; and
                    ``(B) 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 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 individuals 
        serving as temporary judges under section 11-908;
            ``(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-
        1732A(b).
    ``(c) Term of Service.--
            ``(1) In general.--
                    ``(A) Serving judges.--An individual assigned to 
                serve as a judge of the Family Court of the Superior 
                Court who is serving as a judge in 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 as determined by the 
                chief judge of the Superior Court (including any 
                consecutive period of service on the Family Division of 
                the Superior Court immediately preceding the date of 
                the enactment of such Act).
                    ``(B) New judges.--An individual assigned to serve 
                as a judge of the Family Court of the Superior Court 
                who is not serving as a judge in 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 5 
                years.
            ``(2) 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 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.
            ``(3) 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, for 
cause, 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.
                    (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 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)).
                    (H) Consistent with the requirements of paragraph 
                (2), a proposal for the disposition or transfer to the 
                Family Court of actions and proceedings within the 
                jurisdiction of the Family 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 best practices developed 
                by the American Bar Association and the National 
                Council of Juvenile and Family Court Judges.
            (2) Implementation of the proposal for transfer or 
        disposition of actions and proceedings to family court.--
                    (A) In general.--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 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)) is transferred to the Family Court or 
                otherwise disposed of as provided in subparagraph (B). 
                The requirement of this subparagraph shall not apply to 
                an action or proceeding pending before a senior judge 
                as defined in section 11-1504, District of Columbia 
                Code.
                    (B) Deadline.--Notwithstanding any other provision 
                of this Act or any amendment made by this Act, no 
                action or proceeding which is within the jurisdiction 
                of the Family Court (as described in section 11-902(d), 
                District of Columbia Code, as amended by subsection 
                (a)) shall remain pending with a judge not serving on 
the Family Court upon the expiration of 18 months after the date of 
enactment of this Act.
                    (C) Progress reports.--The chief judge of the 
                Superior Court shall report 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 6 
                months and 12 months after the date of enactment of 
                this Act on the progress made towards disposing of 
                actions or proceedings described in subparagraph (B).
            (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 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 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 such section 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 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.
            (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 11 of title 21 relating to 
        the commitment of the substantially 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.--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).
``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 and feasible, 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.
            ``(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 to whom the action or 
                proceeding is assigned for the duration of the action 
                or proceeding to the greatest extent practicable, 
                feasible, and lawful.
                    ``(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, feasible, 
                and lawful.
                    ``(C) Reassignment.--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, 
                except that a judge who ceases to serve in Family Court 
                but remains in Superior Court may retain the case or 
                proceeding for not more than 6 months after ceasing to 
                serve if such retention is in the best interests of the 
                parties.
            ``(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 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, 
        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 
        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 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 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) 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.
``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 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 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 
        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. An 
oral hearing on appeal shall be deemed to be waived unless specifically 
requested by a party to the appeal.''.
    (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 the 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)(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 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.--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 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.
                            (iii) 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.

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 and support 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 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 section 4 shall take effect upon the 
expiration of the 18 month period which begins on the date of the 
enactment of this Act.
                                 <all>