Findings

Congress makes the following findings: (1)Across the United States, family, juvenile, and domestic relations courts experience shortages of qualified attorneys to represent the interests of men, women, and children involved in the court system. (2)The Constitution of the United States provides that everyone charged with a crime is entitled to adequate counsel. (3)In 1967, the Supreme Court held, for the first time, that children were persons under the provisions of the 14th amendment to the Constitution relating to due process and entitled to certain constitutional rights. (4)In the case of In re Gault (387 U.S. 1) (1967), the Supreme Court held that juveniles are entitled to notice of the charges against them, legal counsel, questioning of witnesses, and protection against self-incrimination in a hearing that could result in commitment to an institution. (5)Studies have indicated that many juveniles do not receive the due process protections to which they are entitled. More importantly, they frequently do not receive effective assistance of legal counsel. (6)Lawyers who represent juveniles often labor under enormous caseloads with little training or support staff. (7)Public defenders who represent juveniles have, on average, more than 500 cases per year, with more than 300 of those cases being juvenile cases. (8)Public defenders often lack specialized training in representing juveniles. Approximately one-half of public defender offices do not even have a section devoted to juvenile delinquency practice in their office training manuals. (9)Due to relatively low wages, there is a nationwide shortage of family law attorneys willing to represent juveniles. (10)The shortage of family law attorneys results in a severe, disproportionate, and negative impact upon children, impoverished parents, and victims of domestic violence. (11)Children involved in family court cases are assigned attorneys to protect their interests. Adults are entitled to representation by attorneys. The lack of available representation by family law attorneys causes children to spend more time in foster care because cases are adjourned or postponed due to lack of appropriate representation. Victims of domestic violence seeking protection from their abusers often will remain in the abusive situation, choose to represent themselves, or wait until an attorney becomes available, all of which risk their personal safety. (12)In 1995, 3,100,000 children were reported to child protection agencies as being abused or neglected, which is about double the number reported in 1984. Of these, 996,000 children were confirmed after investigation to be abused or neglected. A 1996 study by the Department of Health and Human Services found that the number of children seriously injured nearly quadrupled between 1986 and 1993 from 141,700 to 565,000. (13)As of 1995, year-end, about 494,000 children were in foster care, a considerable rise from the estimated 280,000 children in foster care at the end of 1986. Most of these children were in foster care because of abuse, neglect, or abandonment by their parents. Many are also placed in foster care due to a court order during a child protection case. (14)Some estimates suggest that in 70 percent of homes where there is domestic violence, there is also child abuse. (15)Children who witness domestic violence can also develop posttraumatic stress disorder, low self-esteem, anxiety, depression, eating disorders, and destructive behavior that can last through adulthood, limiting an individual’s ability to achieve academically, socially, and on the job. However, early intervention and education can help prevent further danger to children. (16)Continued adjournment forces victims to repeatedly confront their abusers in court. This not only increases the risk of retribution, but also the chance that the victim will abandon the process because of the burden. (17)Between 1984 and 1994 there was a 65 percent increase in domestic relations cases and a 59 percent increase in the number of juvenile cases. (18)The caseload for child abuse in New York State alone has increased by more than 300 percent between 1984 and 1988. (19)Judges in Chicago hear on average 1,700 delinquency cases per month, and in Los Angeles judges for juvenile cases have about 10 minutes to devote to each case.

Purpose

The purposes of this Act are— (1)to encourage attorneys to enter the field of family law, juvenile law, or domestic relations law; (2)to increase the number of attorneys who will represent low-income families and individuals, and who are trained and educated in such field; and (3)to keep more highly trained family law, juvenile law, and domestic relations attorneys in those fields of law for longer periods of time.

Loan forgiveness

Part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) is amended by inserting after section 428K (20 U.S.C. 1078–11) the following:

428L.

Loan forgiveness for family law, juvenile law, and domestic relations attorneys who work in the defense of low-income families, individuals, or children

(a)

Definitions

In this section: (1)

Eligible loan

The term eligible loan means a loan made, insured, or guaranteed under this part or part D (excluding loans made under section 428B or 428C, or comparable loans made under part D) for attendance at a law school. (2)

Family law or domestic relations attorney

The term family law or domestic relations attorney means an attorney who works in the field of family law 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 or domestic relations law as determined by State law. (3)

Highly qualified attorney

The term highly qualified attorney means an attorney who has at least 2 consecutive years of experience in the field of family or domestic relations law serving as a representative of low-income families or minors. (b)

Demonstration program

(1)

In general

The Secretary may carry out a demonstration program of assuming the obligation to repay eligible loans for any new borrower after the date of enactment of this section who— (A)obtains a Juris Doctorate (JD) and takes not less than 1 law school class in family law, juvenile law, domestic relations law, or a class that the Secretary finds equivalent to any such class pursuant to regulations prescribed by the Secretary; and (B)has worked full-time for a State or local government entity, or a nonprofit private entity, as a family law or domestic relations attorney on behalf of low-income individuals in the family or domestic relations court system for 2 consecutive years immediately preceding the year for which the determination was made. (2)

Award basis

Loan repayment under this section shall be on a first-come, first-served basis and subject to the availability of appropriations. (3)

Priority

The Secretary shall give priority in providing loan repayment under this section for a fiscal year to student borrowers who received loan repayment under this section for the preceding fiscal year. (c)

Loan repayment

(1)

In general

For each eligible individual selected for the demonstration program under subsection (b), the Secretary shall assume the obligation to repay— (A)after the third consecutive year of employment described in subparagraph (B) of subsection (b)(1), 20 percent of the total amount of all eligible loans; (B)after the fourth consecutive year of such employment, 30 percent of the total amount of all eligible loans; and (C)after the fifth consecutive year of such employment, 50 percent of the total amount of all eligible loans. (2)

Construction

Nothing in this section shall be construed to authorize any refunding of any repayment of a loan made under this part or part D. (3)

Interest

If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan that accrues for such year shall be repaid by the Secretary. (4)

Ineligibility of national service award recipients

No student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). (d)

Repayment to eligible lenders

The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of eligible loans which are subject to repayment pursuant to this section for such year. (e)

Application for repayment

(1)

In general

Each eligible individual desiring loan repayment 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. (2)

Conditions

An eligible individual may apply for loan repayment under this section after completing each year of qualifying employment. The borrower shall receive forbearance while engaged in qualifying employment unless the borrower is in deferment while so engaged. (f)

Evaluation

(1)

In general

The Secretary shall conduct, by grant or contract, an independent national evaluation of the impact of the demonstration program assisted under this section on the field of family and domestic relations law. (2)

Competitive basis

The grant or contract described in this subsection shall be awarded on a competitive basis. (3)

Contents

The evaluation described in this subsection shall determine whether the loan forgiveness program assisted under this section— (A)has increased the number of highly qualified attorneys; (B)has contributed to increased time on the job for family law or domestic relations attorneys, as measured by— (i)the length of time family law or domestic relations attorneys receiving loan forgiveness under this section have worked in the family law or domestic relations field; and (ii)the length of time family law or domestic relations attorneys continue to work in such field after the attorneys meet the requirements for loan forgiveness under this section; (C)has increased the experience and the quality of family law or domestic relations attorneys; and (D)has contributed to better family outcomes, as determined after consultation with the Secretary of Health and Human Services and the Attorney General. (4)

Interim and final evaluation reports

The Secretary shall prepare and submit to the President and Congress such interim reports regarding the evaluation described in this section as the Secretary determines appropriate, and shall prepare and submit a final report regarding the evaluation by September 30, 2010. (g)

Regulations

The Secretary is authorized to prescribe 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 are necessary for each of the 4 succeeding fiscal years.