1.
(a)This Act may be cited
as the Domestic Violence Judicial
Support Act of 2012
.
(b)The Congress finds as follows:
(1)The 2010 National Survey by the Centers for
Disease Control and Prevention found that 1 in 4 women have been the victim of
severe physical violence by an intimate partner, while 1 in 7 men experienced
severe physical violence by an intimate partner. Female victims of intimate
partner violence experienced different patterns of violence than male victims.
Female victims experienced multiple forms of these types of violence; male
victims most often experienced physical violence.
(2)A critical issue in domestic violence cases
is the risk of continued victimization during the pretrial period. Offenders
may violate no-contact orders, further injure victims, or intimidate them. Such
occurrences highlight a critical need for efficiency in court
proceedings.
(3)Of 3,750 intimate
partner violence cases filed in State courts in 16 large urban counties in
2002, children were present during the violent incident in 36 percent of the
cases. Of those children who were present, 60 percent directly witnessed the
violence. Court collection of information and statistics related to children
who witnessed a violent incident between intimate partners assists courts in
identifying children in need of services as a result of such an
incident.
(4)Domestic violence
cases involving spouses and other intimate partners often entail complex
processes that require careful consideration by the criminal justice system. In
the 1990s, many jurisdictions began to create specialized domestic violence
courts for judges to ensure follow-through on cases, aid domestic violence
victims, and hold offenders accountable, with the assistance of justice and
social service agencies. By specializing in domestic violence offenses, these
courts aim to process cases more efficiently and deliver more consistent
rulings about domestic violence statutes. Some domestic violence courts also
incorporate a stronger focus on rehabilitation of offenders and deterrence of
repeat offenses. These courts can also be more sensitive to the needs of
victims and be able to direct victims to additional community resources.
(5)One-third of
violent felony defendants in State criminal courts have been charged with
domestic violence.
(6)Teen dating violence cases are best handled
by courts who have had the training to make informed decisions and have the
resources to make services available, on-site and in the community,
including—
(A)counseling;
(B)victim witness
services;
(C)assistance with
civil restraining orders, paternity determinations, custody and access orders,
and child support orders; and
(D)locating other
assistance needed by teen victims.
(7)There are more than 400,000 children in
foster care in the United States. Congress has charged juvenile courts with
oversight of child welfare cases. Highly trained and engaged judges focused on
effective case oversight and system reform have been shown to save significant
foster care costs for the States.
(8)A 2009 study by the Department of Justice
found that Kentucky saved $85,000,000 in one year through the issuance of
protection orders and the reduction in violence resulting from the issuance of
such orders. Examples such as this are prevalent across the Nation.
(9)Children with a Court Appointed Special
Advocate volunteer spend 7.5 months less in foster care, experience fewer out
of home placements, and have significantly improved education performance,
compared to their peers without a volunteer advocate.
(10)By reducing long-term foster care
placements, subsequent victimization, and reentry into the foster care system,
the Court Appointed Special Advocate program substantially reduces child
welfare costs.
2.Consolidation of
grants to support families and victims in the justice system
(a)Title III of division B of the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106–386; 114 Stat. 1509) is amended
by striking the section preceding section 1302 (42 U.S.C. 10420), as amended by
section 306 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 316), and inserting
the following:
1301.Court training
and supervised visitation improvements
(a)The Attorney General may make grants to States, units of
local government, courts (including juvenile courts), Indian tribal
governments, nonprofit organizations, legal services providers, and victim
services providers to improve the response of all aspects of the civil and
criminal justice system to families and victims with a history of domestic
violence, dating violence, sexual assault, or stalking, or in cases involving
allegations of child sexual abuse.
(b)A grant under this section may be used to—
(1)provide supervised
visitation and safe visitation exchange of children and youth by and between
parents in situations involving domestic violence, dating violence, child
sexual abuse, sexual assault, or stalking;
(2)develop and
promote State, local, and tribal legislation, policies, and best practices for
improving civil and criminal court functions, responses, practices, and
procedures in cases involving a history of domestic violence, dating violence,
sexual assault, or stalking, or in cases involving allegations of child sexual
abuse, including cases in which the victim proceeds pro se;
(3)educate
court-based and court-related personnel (including custody evaluators and
guardians ad litem) and child protective services workers on the dynamics of
domestic violence, dating violence, sexual assault (including child sexual
abuse), and stalking, including information on perpetrator behavior,
evidence-based risk factors for domestic and dating violence homicide, and on
issues relating to the needs of victims, including safety, security, privacy,
and confidentiality, including cases in which the victim proceeds pro
se;
(4)provide
appropriate resources in juvenile court matters to respond to dating violence,
domestic violence, sexual assault (including child sexual abuse), and stalking
and ensure necessary services dealing with the health and mental health of
victims are available;
(5)enable courts or
court-based or court-related programs to develop or enhance—
(A)court
infrastructure (such as specialized courts, consolidated courts, dockets,
intake centers, or interpreter services);
(B)community-based
initiatives within the court system (such as court watch programs, victim
assistants, pro se victim assistance programs, or community-based supplementary
services);
(C)offender
management, monitoring, and accountability programs;
(D)safe and
confidential information-storage and information-sharing databases within and
between court systems;
(E)education and
outreach programs to improve community access, including enhanced access for
underserved populations; and
(F)other projects
likely to improve court responses to domestic violence, dating violence, sexual
assault, and stalking;
(6)provide civil
legal assistance and advocacy services, including legal information and
resources in cases in which the victim proceeds pro se, to—
(A)victims of
domestic violence, dating violence, sexual assault, or stalking; and
(B)nonoffending
parents in matters—
(i)that involve
allegations of child sexual abuse;
(ii)that relate to
family matters, including civil protection orders, custody, and divorce;
and
(iii)in which the
other parent is represented by counsel;
(7)collect data and
provide training and technical assistance, including developing State, local,
and tribal model codes and policies, to improve the capacity of grantees and
communities to address the civil and criminal justice needs of victims of
domestic violence, dating violence, sexual assault, and stalking who have legal
representation, who are proceeding pro se, or are proceeding with the
assistance of a legal advocate; and
(8)improve training
and education to assist judges, judicial personnel, attorneys, child welfare
personnel, and legal advocates in the civil, criminal, and juvenile justice
systems.
(c)
(1)In making grants for purposes described in paragraphs (1)
through (7) of
subsection (b), the Attorney General
shall consider—
(A)the number of
families and victims to be served by the proposed programs and services;
(B)the extent to
which the proposed programs and services serve underserved populations;
(C)the extent to
which the applicant demonstrates cooperation and collaboration with nonprofit,
nongovernmental entities in the local community with demonstrated histories of
effective work on domestic violence, dating violence, sexual assault, or
stalking, including State or tribal domestic violence coalitions, State or
tribal sexual assault coalitions, local shelters, and programs for domestic
violence and sexual assault victims; and
(D)the extent to
which the applicant demonstrates coordination and collaboration with State,
tribal, and local court systems, including mechanisms for communication and
referral.
(2)In making grants under paragraph (8) of
subsection (b), the Attorney General
shall take consider the extent to which the applicant has experience providing
training, education, or other assistance to the judicial system related to
family violence, child custody, child abuse and neglect, adoption, foster care,
supervised visitation, divorce, and parentage.
(d)The Attorney General may make a grant under this
section to an applicant that—
(1)demonstrates
expertise in the areas of domestic violence, dating violence, sexual assault,
stalking, or child sexual abuse, as appropriate;
(2)ensures that any
fees charged to individuals for use of supervised visitation programs and
services are based on the income of those individuals, unless otherwise
provided by court order;
(3)for a court-based
program, certifies that victims of domestic violence, dating violence, sexual
assault, or stalking are not charged fees or any other costs related to the
filing, petitioning, modifying, issuance, registration, enforcement,
withdrawal, or dismissal of matters relating to the domestic violence, dating
violence, sexual assault, or stalking;
(4)demonstrates that
adequate security measures, including adequate facilities, procedures, and
personnel capable of preventing violence, and adequate standards are, or will
be, in place (including the development of protocols or policies to ensure that
confidential information is not shared with courts, law enforcement agencies,
or child welfare agencies unless necessary to ensure the safety of any child or
adult using the services of a program funded under this section), if the
applicant proposes to operate supervised visitation programs and services or
safe visitation exchange;
(5)certifies that the
organizational policies of the applicant do not require mediation or counseling
involving offenders and victims being physically present in the same place, in
cases where domestic violence, dating violence, sexual assault, or stalking is
alleged;
(6)certifies that any
person providing legal assistance through a program funded under this section
has completed or will complete training on domestic violence, dating violence,
sexual assault, and stalking, including child sexual abuse, and related legal
issues; and
(7)certifies that any
person providing custody evaluation or guardian ad litem services through a
program funded under this section has completed or will complete training
developed with input from and in collaboration with a tribal, State,
territorial, or local domestic violence, dating violence, sexual assault, or
stalking organization or coalition on the dynamics of domestic violence and
sexual assault, including child sexual abuse, that includes training on how to
review evidence of past abuse and the use of evidenced-based theories to make
recommendations on custody and visitation.
(e)Authorization of
appropriationsThere is authorized to be appropriated to carry
out this section, $22,000,000 for each of the fiscal years 2013 through 2017.
Amounts appropriated pursuant to this subsection shall remain available until
expended.
.
3.Court-appointed
special advocate programSubtitle B of the Victims of Child Abuse Act
of 1990 (42 U.S.C. 13011 et seq.) is amended—
(1)in section 216 (42
U.S.C. 13012), by striking January 1, 2010
and inserting
January 1, 2015
;
(2)in section 217 (42
U.S.C. 13013)—
(A)in subparagraph
(A) of subsection (c)(2), by striking Code of Ethics
and
inserting Standards for Programs
; and
(B)by adding at the
end the following:
(e)An organization that receives a grant under this section
for a fiscal year shall submit to the Administrator a report regarding the use
of the grant for the fiscal year, including a discussion of outcome performance
measures (which shall be established by the Administrator) to determine the
effectiveness of the programs of the organization in meeting the needs of
children in the child welfare system.
;
and
(3)in subsection (a)
of section 219 (42 U.S.C. 13014), by striking fiscal years 2007 through
2011
and inserting the fiscal years 2013 through
2017
.
4.Reauthorization
of the child abuse training programs for judicial personnel and
practitionersSubsection (a)
of section 224 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13024) is
amended to read as follows:
(a)There is authorized to be appropriated to
carry out this subtitle $2,300,000 for each of the fiscal years 2013 through
2017.
.