[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3758 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3758

To improve foster care court capacity through grants, loan forgiveness, 
                      and performance measurement.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2005

  Mr. Schiff introduced the following bill; which was referred to the 
   Committee on Ways and Means, and in addition to the Committees on 
     Education and the Workforce and Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To improve foster care court capacity through grants, loan forgiveness, 
                      and performance measurement.

    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 ``Fostering Our Future Act of 2005''.

SEC. 2. IMPROVEMENTS TO COURTS.

    (a) In General.--Section 13712(b) of the Omnibus Budget 
Reconciliation Act of 1993 (42 U.S.C. 629b) is amended to read as 
follows:
    ``(b) Eligibility.--In order to be eligible for a grant under this 
section:
            ``(1) Application.--A highest State court shall submit to 
        the Secretary an application at such time, in such form, and 
        including such information and assurances as the Secretary 
        shall require.
            ``(2) Measures of court performance.--There shall be in 
        effect in the State such laws and procedures as are necessary 
        to ensure that the courts of the State measure the following 
        with respect to children under the jurisdiction of the courts:
                    ``(A) The percentage of children who do not have a 
                subsequent petition of maltreatment filed in court 
                after the initial such petition is filed.
                    ``(B) The percentage of children who are the 
                subject of additional allegations of maltreatment 
                within 12 months after the original petition was 
                closed.
                    ``(C) The percentages of children who reach legal 
                permanency within 6 months after removal, within 12 
                months thereafter, within 18 months thereafter, and 
                within 24 months thereafter.
                    ``(D) The percentage of children who do not reach 
                permanency in the foster care system.
                    ``(E) The percentages of children who re-enter 
                foster care pursuant to court order within 12 months 
                after being returned to their families, and within 24 
                months thereafter.
                    ``(F) The percentages of children who return to 
                foster care pursuant to court order within 12 months 
                after being adopted or placed with an individual or 
                couple who are permanent guardians, and within 24 
                months thereafter.
                    ``(G) The percentages of children who are 
                transferred among 1, 2, 3, or more placements while 
                under court jurisdiction, distinguishing, where 
                possible, between placements in and out of a child's 
                own home from multiple placements in a variety of 
                environments.
                    ``(H) The percentage of cases in which both parents 
                receive written service of process within the required 
                time standards or where notice of hearing has been 
                waived by parties.
                    ``(I) The percentage of cases in which there is 
                documentation that timely and proper notice is given to 
                parties in advance of the next hearing.
                    ``(J) The percentage of cases in which children who 
                have attained 10 years of age receive notice of the 
                legal proceedings in their dependency case; the 
                percentage of cases in which children who have attained 
                10 years of age are present in court and afforded an 
                opportunity to be heard in their own cases; and the 
                percentage of cases in which children have legal 
                representation.
                    ``(K) The percentage of cases in which the court 
                reviews case plans within established time guidelines.
                    ``(L) The percentage of children receiving legal 
                counsel, guardians ad litem, or court-appointed special 
                advocates before the preliminary protective hearing or 
                equivalent, with separate measures of the percentages 
                of each type of representation and of whether the 
                representation was received within established time 
                guidelines, within 5 days after the adoption petition 
                is filed, within 6 through 10 days after the filing, 
                and within more than 10 days after the filing.
                    ``(M) The percentage of cases in which counsel for 
                parents are appointed before the preliminary protective 
                hearing or equivalent, with separate measures of the 
                percentages in which such appointments are made within 
                established time guidelines, within 5 days after the 
                adoption petition is filed, within 6 through 10 days 
                after the filing, and within more than 10 days after 
                the filing.
                    ``(N) The percentage of cases in which legal 
                counsel for children is appointed on or before the 
                first court appearance, and the percentage of cases in 
                which legal counsel for children changes, and the 
                number of changes involved.
                    ``(O) The percentage of cases in which legal 
                counsel for parents changes, and the number of changes 
                involved.
                    ``(P) The percentage of cases in which legal 
                counsel for parents, children, and agencies are present 
                at each hearing.
                    ``(Q) The percentages of children for whom all 
                hearings are heard by 1 or more judicial officers, and 
                the number of judicial officers hearing the case.
                    ``(R) The average and median times from filing the 
                original petition to adjudication.
                    ``(S) The average and median times from filing the 
                original petition to disposition.
                    ``(T) The percentages of cases that are adjudicated 
                within 30 days after the filing of the dependency 
                petition, within 60 days thereafter, and within 90 days 
                thereafter.
                    ``(U) The percentages of cases that receive a 
                disposition within 10 days after the dependency 
                adjudication, within 30 days thereafter, and within 90 
                days thereafter.
                    ``(V) The percentage of cases where children are 
                successfully served in the home and not detained; the 
                average and median times to reunification; and the 
                percentage of cases where children are not successfully 
                reunified.
                    ``(W) The average and median times from the filing 
                of the original petition to permanent placement.
                    ``(X) The average and median times from the filing 
                of the original petition to finalized termination of 
                parental rights.
                    ``(Y) The percentages of cases for which the 
                termination petition is filed within 3 months after the 
                dependency disposition, within 6 months thereafter, 
                within 12 months thereafter, and within 18 months 
                thereafter.
                    ``(Z) The percentage of cases that receive a 
                termination order within 30 days after the filing of 
                the termination petition, within 90 days thereafter, 
                within 120 days thereafter, and within 180 days 
                thereafter.
                    ``(AA) The percentages of cases for which an 
                adoption petition is filed within 1 month after the 
                termination order, within 3 months thereafter, and 
                within 6 months thereafter.
                    ``(BB) The percentages of cases for which the 
                adoption is finalized within 1 month after the adoption 
                petition is filed, within 3 months thereafter, within 6 
                months thereafter, and within 12 months thereafter.
                    ``(CC) The percentage of hearings (by hearing type) 
                not completed within timeframes set forth in statute or 
                court rules, including, where possible, the reason for 
                noncompletion.''.
    (b) Grants to Enable Courts to Build Capacity to Track and Analyze 
Caseloads.--
            (1) In general.--The Secretary of Health and Human Services 
        (in this subsection referred to as the ``Secretary'') shall 
        make grants, in accordance with this subsection, to the highest 
        State courts in States participating in the program under part 
        E of title IV of the Social Security Act, for the purpose of 
        enabling the courts to build capacity to track and analyze 
        caseloads and the performance measures described in section 
        13712(b)(2) of the Omnibus Budget Reconcilation Act of 1993.
            (2) Applications.--In order for a highest State court to be 
        eligible for a grant under this subsection, the court shall 
        submit to the Secretary an application at such time, in such 
        form, and including such information and assurances as the 
        Secretary shall require, including a plan developed jointly by 
        the child welfare agency of the State and the courts of the 
        State for collaboration and sharing of data and information.
            (3) Allotments.--
                    (A) In general.--Each highest State court which has 
                an application approved under paragraph (2) shall be 
                entitled to payment for each fiscal year specified in 
                paragraph (5) of an amount equal to $85,000 plus the 
                amount described in subparagraph (B) of this paragraph 
                for the fiscal year with respect to the State in which 
                the court is located.
                    (B) Formula.--The amount described in this 
                subparagraph for a fiscal year with respect to a State 
                is the amount that bears the same ratio to the dollar 
                amount specified in paragraph (5) for the fiscal year 
                (reduced by the dollar amount specified in subparagraph 
                (A), multiplied by the number of highest State courts 
                with applications approved under paragraph (2)) as the 
                number of individuals in foster care in the State who 
                have not attained 21 years of age bears to the total 
                number of such individuals in all States the highest 
                courts of which have approved applications under 
                paragraph (2) for the fiscal year.
            (4) Use of funds.--Each highest State court to which a 
        grant is made under this section shall use the grant to pay not 
        more than 75 percent of the costs of activities aimed at the 
        purpose described in paragraph (1).
            (5) Limitations on authorization of appropriations.--For 
        grants under this subsection, there are authorized to be 
        appropriated to the Secretary $10,000,000 for each of fiscal 
        years 2006 and 2007.
    (c) Grants to Enable Courts to Train Court Personnel in Child 
Welfare Cases.--
            (1) In general.--The Secretary of Health and Human Services 
        (in this subsection referred to as the ``Secretary'') shall 
        make grants, in accordance with this subsection, to the highest 
        State courts in States participating in the program under part 
        E of title IV of the Social Security Act, for the purpose of 
        enabling the courts to train judges, attorneys, and other 
        personnel in child welfare cases.
            (2) Applications.--In order for a highest State court to be 
        eligible for a grant under this subsection, the court shall 
        submit to the Secretary an application at such time, in such 
        form, and including such information and assurances as the 
        Secretary shall require, including a showing that a portion of 
        the grant will be used for joint training of court personnel, 
        child welfare agency staff, counsel for children and parents, 
        and others involved in protecting and caring for children, 
        through initiatives that are jointly planned and executed with 
        the State child welfare agency.
            (3) Allotments.--
                    (A) In general.--Each highest State court which has 
                an application approved under paragraph (2) shall be 
                entitled to payment for each fiscal year specified in 
                paragraph (5) of an amount equal to $85,000 plus the 
                amount described in subparagraph (B) of this paragraph 
                for the fiscal year with respect to the State in which 
                the court is located.
                    (B) Formula.--The amount described in this 
                subparagraph for a fiscal year with respect to a State 
                is the amount that bears the same ratio to the dollar 
                amount specified in paragraph (5) for the fiscal year 
                (reduced by the dollar amount specified in subparagraph 
                (A), multiplied by the number of highest State courts 
                with applications approved under paragraph (2)) as the 
                number of individuals in the State who have not 
                attained 21 years of age bears to the total number of 
                such individuals in all States the highest courts of 
                which have approved applications under paragraph (2) 
                for the fiscal year.
            (4) Use of funds.--Each highest State court to which a 
        grant is made under this section shall use the grant to pay not 
        more than 75 percent of the costs of activities aimed at the 
        purpose described in paragraph (1).
            (5) Limitations on authorization of appropriations.--For 
        grants under this subsection, there are authorized to be 
        appropriated to the Secretary $10,000,000 for each of fiscal 
        years 2006 and 2007.
    (d) Student Loan Repayment for Public Attorneys.--
            (1) In general.--The Higher Education Act of 1965 is 
        amended by inserting after section 428K (20 U.S.C. 1078-11) the 
        following:

``SEC. 428L. LOAN FORGIVENESS FOR FAMILY LAW, DEPENDENCY, OR DOMESTIC 
              RELATIONS ATTORNEYS.

    ``(a) Purpose.--The purpose of this section is to encourage 
qualified individuals to enter and continue employment as family law, 
dependency, or domestic relations attorneys.
    ``(b) Definitions.--In this section:
            ``(1) Family law, dependency, or domestic relations 
        attorneys.--The term `family law, dependency, or domestic 
        relations attorney' means an attorney who works in the field of 
        family law, dependency, or domestic relations, including 
        juvenile justice, truancy, child abuse or neglect, adoption, 
        domestic relations, child support, paternity, and other areas 
        which fall under the field of family law, dependency, or 
        domestic relations law as determined by State law.
            ``(2) Student loan.--The term `student loan' means--
                    ``(A) a loan made, insured, or guaranteed under 
                this part; and
                    ``(B) a loan made under part D or E.
    ``(c) Program Authorized.--For the purpose of encouraging qualified 
individuals to enter and continue employment as family law, dependency, 
or domestic relations attorneys, the Secretary shall carry out a 
program, through the holder of a loan, of assuming the obligation to 
repay (by direct payments on behalf of a borrower) a qualified loan 
amount for a student loan in accordance with subsection (d), for any 
borrower who--
            ``(1) is employed full-time as a family law, dependency, or 
        domestic relations attorney; and
            ``(2) is not in default on a loan for which the borrower 
        seeks forgiveness.
    ``(d) Terms of Agreement.--
            ``(1) In general.--To be eligible to receive repayment 
        benefits under this section, a borrower shall enter into a 
        written agreement that specifies that--
                    ``(A) the borrower will remain employed full-time 
                as a family law, dependency, or domestic relations 
                attorney for a required period of service specified in 
                the agreement (but not less than 3 years), unless 
                involuntarily separated from that employment;
                    ``(B) if the borrower is involuntarily separated 
                from that employment on account of misconduct, or 
                voluntarily separates from that employment, before the 
                end of the period specified in the agreement, the 
                borrower will repay the Secretary the amount of any 
                benefits received by such employee under this section;
                    ``(C) if the borrower is required to repay an 
                amount to the Secretary under subparagraph (B) and 
                fails to repay the amount described in subparagraph 
                (B), a sum equal to the amount is recoverable by the 
                Government from the employee (or such employee's 
                estate, if applicable) by such method as is provided by 
                law for the recovery of amounts owing to the 
                Government;
                    ``(D) the Secretary may waive, in whole or in part, 
                a right of recovery under this subsection if it is 
                shown that recovery would be against equity and good 
                conscience or against the public interest; and
                    ``(E) the Secretary shall make student loan 
                payments under this section for the period of the 
                agreement, subject to the availability of 
                appropriations.
            ``(2) Repayments.--Any amount repaid by, or recovered from, 
        an individual (or an estate) under this subsection shall be 
        credited to the appropriation account from which the amount 
        involved was originally paid. Any amount so credited shall be 
        merged with other sums in such account and shall be available 
        for the same purposes and period, and subject to the same 
        limitations (if any), as the sums with which the amount was 
        merged.
            ``(3) Limitations.--
                    ``(A) Student loan payment amount.--Student loan 
                payments made by the Secretary under this section shall 
                be made subject to such terms, limitations, or 
                conditions as may be mutually agreed to by the borrower 
                concerned and the Secretary in the agreement described 
                in this subsection, except that the amount paid by the 
                Secretary under this section may not exceed--
                            ``(i) $6,000 for any borrower in any 
                        calendar year; or
                            ``(ii) a total of $50,000 in the case of 
                        any borrower.
                    ``(B) Beginning of payments.--Nothing in this 
                section shall be construed to authorize the Secretary 
                to pay any amount to reimburse a borrower for any 
                repayments made by such borrower prior to the date on 
                which the Secretary entered into an agreement with the 
                employee under this subsection.
    ``(e) Additional Agreements.--On completion of the required period 
of service under such an agreement, the borrower concerned and the 
Secretary may enter into an additional agreement described in 
subsection (d) for a successive period of service specified in the 
agreement (which may be less than 3 years).
    ``(f) Award Basis.--The Secretary shall provide repayment benefits 
under this section on a first-come, first-served basis and subject to 
the availability of appropriations.
    ``(g) Regulations.--The Secretary is authorized to issue such 
regulations as may be necessary to carry out the provisions of this 
section.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $20,000,000 for fiscal year 2006 
and such sums as may be necessary for each of the 5 succeeding fiscal 
years.''.
            (2) Cancellation of loans.--
                    (A) Amendment.--Section 465(a)(2)(F) of the Higher 
                Education Act of 1965 (20 U.S.C. 1087ee(a)(2)(F)) is 
                amended by inserting ``, as a family law or domestic 
                relations attorney (as defined in section 428L),'' 
                after ``agencies''.
                    (B) Effective date.--The amendment made by this 
                paragraph shall apply to--
                            (i) eligible loans made before, on, or 
                        after the date of enactment of this Act; and
                            (ii) service as a prosecutor or public 
                        defender that is provided on or after the date 
                        of enactment of this Act.
                    (C) Construction.--Nothing in this paragraph or the 
                amendment made by this paragraph shall be construed to 
                authorize the Secretary to pay any amount to reimburse 
                a borrower for any repayments made by such borrower 
                prior to the date on which the borrower became eligible 
                for cancellation under section 465(a) of such Act (20 
                U.S.C. 1087ee(a)).
    (e) GAO Study.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study that compares States with respect 
        to each of the following:
                    (A) The legal representation provided for children.
                    (B) Children's participation in their own cases.
                    (C) Preparation of dependency court judges.
                    (D) Case tracking and performance measurement.
                    (E) Statewide collaborative foster care councils.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Comptroller General shall submit to 
        the Committee on the Judiciary of the House of Representatives 
        a written report that contains the results of the study 
        required by paragraph (1).
    (f) Sense of the Congress With Respect to Court Accountability for 
Improved Child Outcomes.--It is the sense of the Congress that State 
judicial leadership should use the measures of court performance 
described in section 13712(b)(2) of the Omnibus Budget Reconciliation 
Act of 1993 (as amended by subsection (a) of this section) to ensure 
accountability by every court for improved outcomes for children, and 
to inform decisions about allocating resources across the court system.
    (g) Sense of the Congress With Respect to the Organization of State 
Dependency Courts.--It is the sense of the Congress that State courts 
should be organized to enable children and parents to have legal 
representation and participate in a meaningful way in their own court 
proceedings.
    (h) Sense of the Congress With Respect to Building the Pool of 
Attorneys Qualified to Handle Cases in Dependency Courts.--It is the 
sense of the Congress that law schools, bar associations, and law firms 
should help build the pool of qualified attorneys available to children 
and parents in dependency courts.
    (i) Sense of the Congress With Respect to Training, Caseloads, and 
Compensation of Attorneys for Children.--It is the sense of the 
Congress that attorneys for children should have adequate training, 
reasonable caseloads, and receive reasonable and adequate compensation.
                                 <all>