109 HR 5436 IH: To improve foster care court capacity through loan U.S. House of Representatives 2006-05-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 5436 IN THE HOUSE OF REPRESENTATIVES May 19, 2006 Mr. Schiff (for himself and Ms. Hart) 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 loan forgiveness and performance measurement.

1.

Short title

This Act may be cited as the Fostering Our Future Act of 2006.

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)

Student loan repayment for family law, dependency, and domestic relations 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 new section:

428L.

Loan forgiveness for family law, dependency, and domestic relations attorneys

(a)

Purpose

The purpose of this section is to encourage qualified individuals to enter and continue employment as family law, dependency, and domestic relations attorneys. (b)

Loan forgiveness

(1)

Loan forgiveness authorized

The Secretary is authorized to forgive, in accordance with this section and the agreement described in subsection (e), the student loan debt of an eligible borrower in the amount specified in subsection (d) and for the period specified in such agreement. (2)

Method of loan forgiveness

To provide the loan forgiveness authorized in paragraph (1), the Secretary is authorized to carry out a program— (A)through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made under part B of this title; and (B)to cancel a qualified loan amount for a loan made under part D of this title. (c)

Eligible borrower

The Secretary is authorized to provided loan forgiveness under this section to any individual 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)

Loan forgiveness amount

The Secretary may, from funds appropriated under subsection (l), forgive the loan obligation of an eligible borrower in accordance with such terms, limitations, and conditions as may be mutually agreed upon by such borrower and the Secretary in the agreement described in subsection (e), except that the amount paid by the Secretary under this section shall not exceed— (1)$6,000 in any calendar year for any borrower; or (2)$50,000 in the aggregate for any borrower. (e)

Loan forgiveness agreement

(1)

Terms of agreement

The Secretary shall not provide loan forgiveness to an eligible borrower unless the borrower enters into a written agreement with the Secretary which provides that— (A)the borrower shall remain employed full-time as a family law, dependency, or domestic relations attorney for a 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 the employment described in subparagraph (A) on account of misconduct, or voluntarily separates from that employment, before the end of the period specified in the agreement, the borrower shall repay the Secretary the amount of any benefits received by such borrower under this section; (C)if the borrower is required to repay an amount to the Secretary under subparagraph (B) and fails to repay such amount, a sum equal to such amount shall be recoverable by the Government from the borrower (or such borrower’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 provide loan forgiveness under this section for the period of the agreement, subject to the availability of appropriations. (2)

Agreement renewal

Upon completion by an eligible borrower of the period of service required under the agreement described in paragraph (1), the Secretary may renew such agreement with the eligible borrower for a successive period of service to be specified in the renewed agreement (which may be less than 3 years). (f)

Repayments by borrowers

Any amount repaid by, or recovered from, a borrower (or a borrower’s estate) under subsection (e)(1)(B) shall be credited to the appropriation account from which the loan forgiveness 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. (g)

Application for loan forgiveness

An eligible borrower desiring loan forgiveness under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (h)

Priority

The Secretary shall provide loan forgiveness under this section on a first-come, first-served basis, and subject to the availability of appropriations. (i)

Regulations

The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. (j)

Construction

Nothing in this section shall be construed to authorize the refunding of any repayment of any loan made by a borrower prior to the date on which the Secretary entered into an agreement with the borrower under subsection (e). (k)

Definition

In this section 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. (l)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2007 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 , or as a full-time family law, dependency, 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 family law, dependency, or domestic relations attorney that is provided on or after the date of enactment of this Act. (C)

Construction

Nothing in this paragraph shall be construed to authorize the refunding of any repayment of a loan made by a borrower prior to the date on which the borrower became eligible for cancellation under section 465(a) of the Higher Education Act of 1965 (20 U.S.C. 1087ee(a)). (c)

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). (d)

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. (e)

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. (f)

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. (g)

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.