[Congressional Record Volume 146, Number 33 (Wednesday, March 22, 2000)]
[Senate]
[Pages S1601-S1607]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWine (for himself, Mr. Rockfeller, Ms. Landrieu, Mr. 
        Levin, Mr. Kerry, Mr. Kerrey, Mr. Wellstone, Mrs. Boxer, Mr. L. 
        Chafee, Mrs. Lincoln, and Mr. Bingaman):
  S. 2271. A bill to amend the Social Security Act to improve the 
quality and availability of training for judges, attorneys, and 
volunteers working in the Nation's abuse and neglect courts, and for 
other purposes consistent with the Adoption and Safe Families Act of 
1997; to the Committee on Finance.


  the training and knowledge ensure children a risk-free environment 
                            (take care) act

  S. 2272. A bill to improve the administrative efficiency and 
effectiveness of the Nation's abuse and neglect courts and for other 
purposes consistent with the Adoption and Safe Families Act of 1997; to 
the Committee on the Judiciary.

[[Page S1602]]

         the strengthening abuse and neglect courts act of 2000

 Mr. DeWINE. Mr. President, I rise today to introduce two 
pieces of legislation that would impact the lives of many at-risk 
children living in foster care. In an effort to move forward and figure 
out what Congress needs to do next to help improve the operation of the 
child welfare system following the 1997 enactment of the Adoption and 
Safe Families Act, my friend and colleague Senator Rockefeller and I, 
as well as Senators Landrieu, Levin, Kerry, Kerrey, Wellstone, Colins, 
Boxer, Chafee, Lincoln and Bingaman, are introducing the strengthening 
Abuse and Neglect Courts Act and the Training and Knowledge Ensure 
Children a Risk-free Environment (TAKE CARE) Act.
  Before I talk about these bills, specifically, it's important to 
understand how we arrived at where we are today with regard to the 
child welfare agencies and the court system. Back in 1997, I was very 
involved in one of the success stories of the 105th Congress: The 
passage of the Adoption and Safe Families Act. This subcommittee played 
a critical role in shaping that legislation. This law has many goals: 
First, it encourages safe and permanent family placements for abused 
and neglected children; second, it makes it clear that the health and 
safety of the child always must come first in any decision involving a 
child in abuse and neglect cases; and third, it decreases the amount of 
time that a child spends in the foster care system. Specifically, the 
law requires initiation of proceedings to terminate parental rights for 
any child who has been in the foster care system for fifteen (15) of 
the last twenty-two (22) months.
  The Adoption and Safe Families Act represented a significant change 
in child welfare laws. Perhaps more important, we were changing the way 
judges and child advocates looked at child welfare cases. This 
represented a change in the culture of child welfare, as we know it, 
and forced the system to stop and rethink its processes and its 
purposes.
  We all knew this law was not a quick nor a complete fix--more work 
would be necessary to make the law a success and to implement a new way 
of thinking about child welfare--a way of thinking that says that it is 
no longer acceptable to place a child in long-term foster care without 
a plan for permanent placement. We knew that a law that simply tells 
judges that the health and safety of the child must be paramount would 
not necessarily be reflected in judicial decisions. To get there, 
training needs to be available so the law effectively becomes a part of 
judge's decisionmaking process.
  A tragic local case--the death of twenty-three month old Brianna 
Blackmond--demonstrates the need for this training. Brianna had been 
placed in foster care at the age of four months, due to her mother's 
neglect. In January of this year, Brianna was killed just seventeen 
days after being returned to her mother from foster care. In the 
aftermath of this tragedy, DC Superior Court Judges told the Washington 
Post about the agony they feel in making child welfare decisions. One 
of the judges quoted in the article said this: ``These cases are, for 
me, the most difficult thing we do. We feel the least trained and 
skilled at it.''
  These judges are making tough, life-changing decisions for all 
parties involved. We have a responsibility to make sure they are 
trained properly and feel confident about those decisions.
  When we passed the Adoption and Safe Families Act, we also knew that 
the imposition of reduced timelines would create additional pressure on 
an already overburdened court system. These timelines, however, are 
very important to the welfare of the children involved. Foster care, 
after all, was meant to be a temporary solution--not a way of life.
  These timelines can work only if the courts are able to process cases 
in a timely manner. To give you an idea of what the courts are up 
against, consider this: When the Family Court was established in New 
York in 1962, it reviewed 96,000 cases the first year. By 1997, the 
case load had increased to 670,000 cases. The courts must have a 
manageable case load so that an appropriate decision can be made in 
every case after all of the facts have been heard. We cannot rush 
decision making in these cases--a child's life is at risk.
  We also knew that the courts needed information to make the best 
possible decision for the child. This problem was demonstrated in 
Cuyahoga County, Ohio. Until recently, the court had no central clerk's 
file, so there was no way of tracking the location of a particular 
file. If the file could not be found on the day of a hearing or review, 
it would result in a postponement, often adding months to a child's 
stay in foster care. It is undisputed that children need permanency as 
quickly as possible. It is simply unconscionable that children should 
be trapped in foster care by a bureaucratic nightmare of paperwork.
  We need to move forward and help improve the operation of the child 
welfare system, and in particular, the courts. The legislation Senator 
Rockefeller and I are introducing today will help move us in the right 
direction. Taken together, our bills would provide competitive grants 
to courts to create computerized case tracking systems, as well as 
grants to reduce pending backlogs of abuse and neglect cases so that 
courts are better able to comply with the timelines established in the 
Adoption and Safe Families Act. These bills also would allow judges, 
attorneys, and court personnel to qualify for training under Title IV-
E's existing training provisions and would expand the CASA program to 
underserved and urban areas, so that more children are able to benefit 
from its services.

  Mr. President, let me conclude by saying that when Congress passed 
the Adoption and Safe Families Act, I believed it was a good start. 
Congress, however, would have to do more to make sure that every child 
has the opportunity to live in a safe, stable, loving and permanent 
home. One of the essential ingredients is an efficiently operating 
court system--a system that puts the principles embodied in the law 
into practice. After all, that's where a lot of delays occur. As well 
intentioned as the strict timelines of the 1997 law are, mandatory 
filing dates are not enough to promote child placement permanency if 
the court docket is too clogged to move cases through the system, or 
judges aren't changing their routine in a way that reflects the 
importance of these timelines and the necessity of placing the child's 
safety first.
  The critical next step is to help the courts improve administrative 
efficiency and effectiveness--goals of the Adoption and Safe Families 
Act. I believe that our legislation can do that. I encourage my 
colleagues to support this important legislation.
  I ask unanimous consent that the text of the bills be printed in the 
Record.
  There being no objection, the bills were ordered to be printed in the 
Record, as follows:

                                S. 2271

       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 ``Training and Knowledge 
     Ensure Children a Risk-Free Environment (TAKE CARE) Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Under both Federal and State law, the courts play a 
     crucial and essential role in the Nation's child welfare 
     system and in ensuring safety, stability, and permanence for 
     abused and neglected children under the supervision of that 
     system.
       (2) The Adoption and Safe Families Act of 1997 (Public Law 
     105-89; 111 Stat. 2115) establishes explicitly for the first 
     time in Federal law that a child's health and safety must be 
     the paramount consideration when any decision is made 
     regarding a child in the Nation's child welfare system.
       (3) The Adoption and Safe Families Act of 1997 promotes 
     stability and permanence for abused and neglected children by 
     requiring timely decision-making in proceedings to determine 
     whether children can safely return to their families or 
     whether they should be moved into safe and stable adoptive 
     homes or other permanent family arrangements outside the 
     foster care system.
       (4) To avoid unnecessary and lengthy stays in the foster 
     care system, the Adoption and Safe Families Act of 1997 
     specifically requires, among other things, that States move 
     to terminate the parental rights of the parents of those 
     children who have been in foster care for 15 of the last 22 
     months.
       (5) While essential to protect children and to carry out 
     the general purposes of the Adoption and Safe Families Act of 
     1997, the accelerated timelines for the termination of 
     parental rights and the other requirements imposed under that 
     Act increase the pressure on the Nation's already 
     overburdened abuse and neglect courts.

[[Page S1603]]

       (6) The administrative efficiency and effectiveness of the 
     Nation's abuse and neglect courts would be substantially 
     improved by the acquisition and implementation of 
     computerized case-tracking systems to identify and eliminate 
     existing backlogs, to move abuse and neglect caseloads 
     forward in a timely manner, and to move children into safe 
     and stable families. Such systems could also be used to 
     evaluate the effectiveness of such courts in meeting the 
     purposes of the amendments made by, and provisions of, the 
     Adoption and Safe Families Act of 1997.
       (7) The administrative efficiency and effectiveness of the 
     Nation's abuse and neglect courts would also be improved by 
     the identification and implementation of projects designed to 
     eliminate the backlog of abuse and neglect cases, including 
     the temporary hiring of additional judges, extension of court 
     hours, and other projects designed to reduce existing 
     caseloads.
       (8) The administrative efficiency and effectiveness of the 
     Nation's abuse and neglect courts would be further 
     strengthened by improving the quality and availability of 
     training for judges, court personnel, agency attorneys, 
     guardians ad litem, volunteers who participate in court-
     appointed special advocate (CASA) programs, and attorneys who 
     represent the children and the parents of children in abuse 
     and neglect proceedings.
       (9) While recognizing that abuse and neglect courts in this 
     country are already committed to the quality administration 
     of justice, the performance of such courts would be even 
     further enhanced by the development of models and educational 
     opportunities that reinforce court projects that have already 
     been developed, including models for case-flow procedures, 
     case management, representation of children, automated 
     interagency interfaces, and ``best practices'' standards.
       (10) Judges, magistrates, commissioners, and other judicial 
     officers play a central and vital role in ensuring that 
     proceedings in our Nation's abuse and neglect courts are run 
     efficiently and effectively. The performance of those 
     individuals in such courts can only be further enhanced by 
     training, seminars, and an ongoing opportunity to exchange 
     ideas with their peers.
       (11) Volunteers who participate in court-appointed special 
     advocate (CASA) programs play a vital role as the eyes and 
     ears of abuse and neglect courts in proceedings conducted by, 
     or under the supervision of, such courts and also bring 
     increased public scrutiny of the abuse and neglect court 
     system. The Nation's abuse and neglect courts would benefit 
     from an expansion of this program to currently underserved 
     communities.
       (12) Improved computerized case-tracking systems, 
     comprehensive training, and development of, and education on, 
     model abuse and neglect court systems, particularly with 
     respect to underserved areas, would significantly further the 
     purposes of the Adoption and Safe Families Act of 1997 by 
     reducing the average length of an abused and neglected 
     child's stay in foster care, improving the quality of 
     decision-making and court services provided to children and 
     families, and increasing the number of adoptions.

     SEC. 3. TRAINING IN CHILD ABUSE AND NEGLECT PROCEEDINGS.

       (a) Payment For Training.--
       (1) In general.--Section 474(a)(3) of the Social Security 
     Act (42 U.S.C. 674(a)(3)) is amended--
       (A) by redesignating subparagraphs (C), (D), and (E) as 
     subparagraphs (D), (E), and (F), respectively; and
       (B) by inserting after subparagraph (B), the following:
       ``(C) 75 percent of so much of such expenditures as are for 
     the training (including cross-training with personnel 
     employed by, or under contract with, the State or local 
     agency administering the plan in the political subdivision, 
     training on topics relevant to the legal representation of 
     clients in proceedings conducted by or under the supervision 
     of an abuse and neglect court (as defined in section 475(8)), 
     and training on related topics such as child development and 
     the importance of developing a trusting relationship with a 
     child) of judges, judicial personnel, law enforcement 
     personnel, agency attorneys (as defined in section 475(9)), 
     attorneys representing parents in proceedings conducted by, 
     or under the supervision of, an abuse and neglect court (as 
     defined in section 475(8)), attorneys representing children 
     in such proceedings (as defined in section 475(10)), 
     guardians ad litem, and volunteers who participate in court-
     appointed special advocate (CASA) programs, to the extent 
     such training is related to provisions of, and amendments 
     made by, the Adoption and Safe Families Act of 1997, provided 
     that any such training that is offered to judges or other 
     judicial personnel shall be offered by, or under contract 
     with, the State or local agency in collaboration with the 
     judicial conference or other appropriate judicial governing 
     body operating in the State,''.
       (2) Conforming amendments.--
       (A) Section 473(a)(6)(B) of such Act (42 U.S.C. 
     673(a)(6)(B)) is amended by striking ``474(a)(3)(E)'' and 
     inserting ``474(a)(3)(F)''.
       (B) Section 474(a)(3)(E) of such Act (42 U.S.C. 
     674(a)(3)(E)) (as redesignated by subsection (a)(1)) is 
     amended by striking ``subparagraph (C)'' and inserting 
     ``subparagraph (D)''.
       (C) Section 474(c) of such Act (42 U.S.C. 674(c)) is 
     amended by striking ``subsection (a)(3)(C)'' and inserting 
     ``subsection (a)(3)(D)''.
       (b) Definition of Certain Terms.--Section 475 of such Act 
     (42 U.S.C. 675) is amended by adding at the end the following 
     new paragraphs:
       ``(8) The term `abuse and neglect courts' means the State 
     and local courts that carry out State or local laws requiring 
     proceedings (conducted by or under the supervision of the 
     courts)--
       ``(A) that implement part B and this part (including 
     preliminary disposition of such proceedings);
       ``(B) that determine whether a child was abused or 
     neglected;
       ``(C) that determine the advisability or appropriateness of 
     placement in a family foster home, group home, or a special 
     residential care facility; or
       ``(D) that determine any other legal disposition of a child 
     in the abuse and neglect court system.
       ``(9) The term `agency attorney' means an attorney or other 
     individual, including any government attorney, district 
     attorney, attorney general, State attorney, county attorney, 
     city solicitor or attorney, corporation counsel, or privately 
     retained special prosecutor, who represents the State or 
     local agency administrating the programs under part B and 
     this part in a proceeding conducted by, or under the 
     supervision of, an abuse and neglect court, including a 
     proceeding for termination of parental rights.
       ``(10) The term `attorneys representing children' means any 
     attorney or a guardian ad litem who represents a child in a 
     proceeding conducted by, or under the supervision of, an 
     abuse and neglect court.''.

     SEC. 4. STATE STANDARDS FOR AGENCY ATTORNEYS.

       Section 471(a) of the Social Security Act (42 U.S.C. 
     671(a)) is amended--
       (1) in paragraph (22), by striking ``and'' at the end;
       (2) in paragraph (23), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(24) provides that, not later than January 1, 2002, the 
     State shall develop and encourage the implementation of 
     guidelines for all agency attorneys (as defined in section 
     475(9)), including legal education requirements for such 
     attorneys regarding the handling of abuse, neglect, and 
     dependency proceedings.''.

     SEC. 5. TECHNICAL ASSISTANCE FOR CHILD ABUSE, NEGLECT, AND 
                   DEPENDENCY MATTERS.

       (a) In General.--The Secretary of Health and Human 
     Services, in coordination with the Attorney General, shall 
     provide the technical assistance, training, and evaluations 
     authorized under this section through grants, contracts, or 
     cooperative arrangements with other entities, including 
     universities, and national, State, and local organizations. 
     The Secretary of Health and Human Services and the Attorney 
     General should ensure that entities that have not had a 
     previous contractual relationship with the Department of 
     Health and Human Services, the Department of Justice, or 
     another Federal agency can compete for grants for technical 
     assistance, training, and evaluations.
       (b) Purpose.--Technical assistance shall be provided under 
     this section for the purpose of supporting and assisting 
     State and local courts that handle child abuse, neglect, and 
     dependency matters to effectively carry out new 
     responsibilities enacted as part of the Adoption and Safe 
     Families Act of 1997 (Public Law 105-89; 111 Stat. 2115) and 
     to speed the process of adoption of children and legal 
     finalization of permanent families for children in foster 
     care by improving practices of the courts involved in that 
     process.
       (c) Activities.--Technical assistance consistent with the 
     purpose described in subsection (b) may be provided under 
     this section through the following:
       (1) The dissemination of information, existing and 
     effective models, and technical assistance to State and local 
     courts that receive grants for automated data collection and 
     case-tracking systems and outcome measures.
       (2) The provision of specialized training on child 
     development that is appropriate for judges, referees, 
     nonjudicial decision-makers, administrative, and other court-
     related personnel, and for agency attorneys, attorneys 
     representing children, guardians ad litem, volunteers who 
     participate in court-appointed special advocate (CASA) 
     programs, or parents.
       (3) The provision of assistance and dissemination of 
     information about best practices of abuse and neglect courts 
     for effective case management strategies and techniques, 
     including automated data collection and case-tracking 
     systems, assessments of caseload and staffing levels, 
     management of court dockets, timely decision-making at all 
     stages of a proceeding conducted by, or under the supervision 
     of, an abuse and neglect court (as so defined), and the 
     development of streamlined case flow procedures, case 
     management models, early case resolution programs, mechanisms 
     for monitoring compliance with the terms of court orders, 
     models for representation of children, automated interagency 
     interfaces between data bases, and court rules that 
     facilitate timely case processing.
       (4) The development and dissemination of training models 
     for judges, attorneys representing children, agency 
     attorneys, guardians ad litem, and volunteers who participate 
     in court-appointed special advocate (CASA) programs.
       (5) The development of standards of practice for agency 
     attorneys, attorneys representing children, guardians ad 
     litem, volunteers who participate in court-appointed

[[Page S1604]]

     special advocate (CASA) programs, and parents in such 
     proceedings.
       (d) Training Requirement.--Any training offered in 
     accordance with this section to judges or other judicial 
     personnel shall be offered in collaboration with the judicial 
     conference or other appropriate judicial governing body 
     operating with respect to the State in which the training is 
     offered.
       (e) Definitions.--In this section, the terms ``agency 
     attorneys'', ``abuse and neglect courts'', and ``attorneys 
     representing children'' have the meanings given such terms in 
     section 475 of the Social Security Act (42 U.S.C. 675) (as 
     amended by section 3(b) of this Act).
       (f) Authorization of Appropriations.--There is authorized 
     to carry out this section $5,000,000 for the period of fiscal 
     years 2001 through 2005.
                                  ____


                                S. 2272

       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 ``Strengthening Abuse and 
     Neglect Courts Act of 2000''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Under both Federal and State law, the courts play a 
     crucial and essential role in the Nation's child welfare 
     system and in ensuring safety, stability, and permanence for 
     abused and neglected children under the supervision of that 
     system.
       (2) The Adoption and Safe Families Act of 1997 (Public Law 
     105-89; 111 Stat. 2115) establishes explicitly for the first 
     time in Federal law that a child's health and safety must be 
     the paramount consideration when any decision is made 
     regarding a child in the Nation's child welfare system.
       (3) The Adoption and Safe Families Act of 1997 promotes 
     stability and permanence for abused and neglected children by 
     requiring timely decision-making in proceedings to determine 
     whether children can safely return to their families or 
     whether they should be moved into safe and stable adoptive 
     homes or other permanent family arrangements outside the 
     foster care system.
       (4) To avoid unnecessary and lengthy stays in the foster 
     care system, the Adoption and Safe Families Act of 1997 
     specifically requires, among other things, that States move 
     to terminate the parental rights of the parents of those 
     children who have been in foster care for 15 of the last 22 
     months.
       (5) While essential to protect children and to carry out 
     the general purposes of the Adoption and Safe Families Act of 
     1997, the accelerated timelines for the termination of 
     parental rights and the other requirements imposed under that 
     Act increase the pressure on the Nation's already 
     overburdened abuse and neglect courts.
       (6) The administrative efficiency and effectiveness of the 
     Nation's abuse and neglect courts would be substantially 
     improved by the acquisition and implementation of 
     computerized case-tracking systems to identify and eliminate 
     existing backlogs, to move abuse and neglect caseloads 
     forward in a timely manner, and to move children into safe 
     and stable families. Such systems could also be used to 
     evaluate the effectiveness of such courts in meeting the 
     purposes of the amendments made by, and provisions of, the 
     Adoption and Safe Families Act of 1997.
       (7) The administrative efficiency and effectiveness of the 
     Nation's abuse and neglect courts would also be improved by 
     the identification and implementation of projects designed to 
     eliminate the backlog of abuse and neglect cases, including 
     the temporary hiring of additional judges, extension of court 
     hours, and other projects designed to reduce existing 
     caseloads.
       (8) The administrative efficiency and effectiveness of the 
     Nation's abuse and neglect courts would be further 
     strengthened by improving the quality and availability of 
     training for judges, court personnel, agency attorneys, 
     guardians ad litem, volunteers who participate in court-
     appointed special advocate (CASA) programs, and attorneys who 
     represent the children and the parents of children in abuse 
     and neglect proceedings.
       (9) While recognizing that abuse and neglect courts in this 
     country are already committed to the quality administration 
     of justice, the performance of such courts would be even 
     further enhanced by the development of models and educational 
     opportunities that reinforce court projects that have already 
     been developed, including models for case-flow procedures, 
     case management, representation of children, automated 
     interagency interfaces, and ``best practices'' standards.
       (10) Judges, magistrates, commissioners, and other judicial 
     officers play a central and vital role in ensuring that 
     proceedings in our Nation's abuse and neglect courts are run 
     efficiently and effectively. The performance of those 
     individuals in such courts can only be further enhanced by 
     training, seminars, and an ongoing opportunity to exchange 
     ideas with their peers.
       (11) Volunteers who participate in court-appointed special 
     advocate (CASA) programs play a vital role as the eyes and 
     ears of abuse and neglect courts in proceedings conducted by, 
     or under the supervision of, such courts and also bring 
     increased public scrutiny of the abuse and neglect court 
     system. The Nation's abuse and neglect courts would benefit 
     from an expansion of this program to currently underserved 
     communities.
       (12) Improved computerized case-tracking systems, 
     comprehensive training, and development of, and education on, 
     model abuse and neglect court systems, particularly with 
     respect to underserved areas, would significantly further the 
     purposes of the Adoption and Safe Families Act of 1997 by 
     reducing the average length of an abused and neglected 
     child's stay in foster care, improving the quality of 
     decision-making and court services provided to children and 
     families, and increasing the number of adoptions.

     SEC. 3. DEFINITIONS.

       In this Act:
       (a) Abuse and Neglect Courts.--The term ``abuse and neglect 
     courts'' means the State and local courts that carry out 
     State or local laws requiring proceedings (conducted by or 
     under the supervision of the courts)--
       (1) that implement part B and part E of title IV of the 
     Social Security Act (42 U.S.C. 620 et seq.; 670 et seq.) 
     (including preliminary disposition of such proceedings);
       (2) that determine whether a child was abused or neglected;
       (3) that determine the advisability or appropriateness of 
     placement in a family foster home, group home, or a special 
     residential care facility; or
       (4) that determine any other legal disposition of a child 
     in the abuse and neglect court system.
       (b) Agency Attorney.--The term ``agency attorney'' means an 
     attorney or other individual, including any government 
     attorney, district attorney, attorney general, State 
     attorney, county attorney, city solicitor or attorney, 
     corporation counsel, or privately retained special 
     prosecutor, who represents the State or local agency 
     administrating the programs under parts B and E of title IV 
     of the Social Security Act (42 U.S.C. 620 et seq.; 670 et 
     seq.) in a proceeding conducted by, or under the supervision 
     of, an abuse and neglect court, including a proceeding for 
     termination of parental rights.

     SEC. 4. GRANTS TO STATE COURTS AND LOCAL COURTS TO AUTOMATE 
                   THE DATA COLLECTION AND TRACKING OF PROCEEDINGS 
                   IN ABUSE AND NEGLECT COURTS.

       (a) Authority To Award Grants.--
       (1) In general.--Subject to paragraph (2), the Attorney 
     General, acting through the Office of Juvenile Justice and 
     Delinquency Prevention of the Office of Justice Programs, 
     shall award grants in accordance with this section to State 
     courts and local courts for the purposes of--
       (A) enabling such courts to develop and implement automated 
     data collection and case-tracking systems for proceedings 
     conducted by, or under the supervision of, an abuse and 
     neglect court;
       (B) encouraging the replication of such systems in abuse 
     and neglect courts in other jurisdictions; and
       (C) requiring the use of such systems to evaluate a court's 
     performance in implementing the requirements of parts B and E 
     of title IV of the Social Security Act (42 U.S.C. 620 et 
     seq.; 670 et seq.).
       (2) Limitations.--
       (A) Number of grants.--Not less than 20 nor more than 50 
     grants may be awarded under this section.
       (B) Per state limitation.--Not more than 2 grants 
     authorized under this section may be awarded per State.
       (C) Use of grants.--Funds provided under a grant made under 
     this section may only be used for the purpose of developing, 
     implementing, or enhancing automated data collection and 
     case-tracking systems for proceedings conducted by, or under 
     the supervision of, an abuse and neglect court.
       (b) Application.--
       (1) In general.--A State court or local court may submit an 
     application for a grant authorized under this section at such 
     time and in such manner as the Attorney General may 
     determine.
       (2) Information required.--An application for a grant 
     authorized under this section shall contain the following:
       (A) A description of a proposed plan for the development, 
     implementation, and maintenance of an automated data 
     collection and case-tracking system for proceedings conducted 
     by, or under the supervision of, an abuse and neglect court, 
     including a proposed budget for the plan and a request for a 
     specific funding amount.
       (B) A description of the extent to which such plan and 
     system are able to be replicated in abuse and neglect courts 
     of other jurisdictions that specifies the common case-
     tracking data elements of the proposed system, including, at 
     a minimum--
       (i) identification of relevant judges, court, and agency 
     personnel;
       (ii) records of all court proceedings with regard to the 
     abuse and neglect case, including all court findings and 
     orders (oral and written); and
       (iii) relevant information about the subject child, 
     including family information and the reason for court 
     supervision.
       (C) In the case of an application submitted by a local 
     court, a description of how the plan to implement the 
     proposed system was developed in consultation with related 
     State courts, particularly with regard to a State court 
     improvement plan funded under section 13712 of the Omnibus 
     Budget Reconciliation Act of 1993 (42 U.S.C. 670 note) if 
     there is such a plan in the State.
       (D) In the case of an application that is submitted by a 
     State court, a description of how the proposed system will 
     integrate with a State court improvement plan funded under 
     section 13712 of such Act if there is such a plan in the 
     State.
       (E) After consultation with the State agency responsible 
     for the administration of

[[Page S1605]]

     parts B and E of title IV of the Social Security Act (42 
     U.S.C. 620 et seq.; 670 et seq.)--
       (i) a description of the coordination of the proposed 
     system with other child welfare data collection systems, 
     including the Statewide automated child welfare information 
     system (SACWIS) and the adoption and foster care analysis and 
     reporting system (AFCARS) established pursuant to section 479 
     of the Social Security Act (42 U.S.C. 679); and
       (ii) an assurance that such coordination will be 
     implemented and maintained.
       (F) Identification of an independent third party that will 
     conduct ongoing evaluations of the feasibility and 
     implementation of the plan and system and a description of 
     the plan for conducting such evaluations.
       (G) A description or identification of a proposed funding 
     source for completion of the plan (if applicable) and 
     maintenance of the system after the conclusion of the period 
     for which the grant is to be awarded.
       (H) An assurance that any contract entered into between the 
     State court or local court and any other entity that is to 
     provide services for the development, implementation, or 
     maintenance of the system under the proposed plan will 
     require the entity to agree to allow for replication of the 
     services provided, the plan, and the system, and to refrain 
     from asserting any proprietary interest in such services for 
     purposes of allowing the plan and system to be replicated in 
     another jurisdiction.
       (I) An assurance that the system established under the plan 
     will provide data that allows for evaluation (at least on an 
     annual basis) of the following information:
       (i) The total number of cases that are filed in the abuse 
     and neglect court.
       (ii) The number of cases assigned to each judge who 
     presides over the abuse and neglect court.
       (iii) The average length of stay of children in foster 
     care.
       (iv) With respect to each child under the jurisdiction of 
     the court--

       (I) the number of episodes of placement in foster care;
       (II) the number of days placed in foster care and the type 
     of placement (foster family home, group home, or special 
     residential care facility);
       (III) the number of days of in-home supervision; and
       (IV) the number of separate foster care placements.

       (v) The number of adoptions, guardianships, or other 
     permanent dispositions finalized.
       (vi) The number of terminations of parental rights.
       (vii) The number of child abuse and neglect proceedings 
     closed that had been pending for 2 or more years.
       (viii) With respect to each proceeding conducted by, or 
     under the supervision of, an abuse and neglect court--

       (I) the timeliness of each stage of the proceeding from 
     initial filing through legal finalization of a permanency 
     plan (for both contested and uncontested hearings);
       (II) the number of adjournments, delays, and continuances 
     occurring during the proceeding, including identification of 
     the party requesting each adjournment, delay, or continuance 
     and the reasons given for the request;
       (III) the number of courts that conduct or supervise the 
     proceeding for the duration of the abuse and neglect case;
       (IV) the number of judges assigned to the proceeding for 
     the duration of the abuse and neglect case; and
       (V) the number of agency attorneys, children's attorneys, 
     parent's attorneys, guardians ad litem, and volunteers 
     participating in a court-appointed special advocate (CASA) 
     program assigned to the proceeding during the duration of the 
     abuse and neglect case.

       (J) A description of how the proposed system will reduce 
     the need for paper files and ensure prompt action so that 
     cases are appropriately listed with national and regional 
     adoption exchanges, and public and private adoption services.
       (K) An assurance that the data collected in accordance with 
     subparagraph (I) will be made available to relevant Federal, 
     State, and local government agencies and to the public.
       (L) An assurance that the proposed system is consistent 
     with other civil and criminal information requirements of the 
     Federal government.
       (M) An assurance that the proposed system will provide 
     notice of timeframes required under the Adoption and Safe 
     Families Act of 1997 (Public Law 105-89; 111 Stat. 2115) for 
     individual cases to ensure prompt attention and compliance 
     with such requirements.
       (c) Conditions for Approval of Applications.--
       (1) Matching requirement.--
       (A) In general.--A State court or local court awarded a 
     grant under this section shall expend $1 for every $3 awarded 
     under the grant to carry out the development, implementation, 
     and maintenance of the automated data collection and case-
     tracking system under the proposed plan.
       (B) Waiver for hardship.--The Attorney General may waive or 
     modify the matching requirement described in subparagraph (A) 
     in the case of any State court or local court that the 
     Attorney General determines would suffer undue hardship as a 
     result of being subject to the requirement.
       (C) Non-federal expenditures.--
       (i) Cash or in kind.--State court or local court 
     expenditures required under subparagraph (A) may be in cash 
     or in kind, fairly evaluated, including plant, equipment, or 
     services.
       (ii) No credit for pre-award expenditures.--Only State 
     court or local court expenditures made after a grant has been 
     awarded under this section may be counted for purposes of 
     determining whether the State court or local court has 
     satisfied the matching expenditure requirement under 
     subparagraph (A).
       (2) Notification to state or appropriate child welfare 
     agency.--No application for a grant authorized under this 
     section may be approved unless the State court or local court 
     submitting the application demonstrates to the satisfaction 
     of the Attorney General that the court has provided the 
     State, in the case of a State court, or the appropriate child 
     welfare agency, in the case of a local court, with notice of 
     the contents and submission of the application.
       (3) Considerations.--In evaluating an application for a 
     grant under this section the Attorney General shall consider 
     the following:
       (A) The extent to which the system proposed in the 
     application may be replicated in other jurisdictions.
       (B) The extent to which the proposed system is consistent 
     with the provisions of, and amendments made by, the Adoption 
     and Safe Families Act of 1997 (Public Law 105-89; 111 Stat. 
     2115), and parts B and E of title IV of the Social Security 
     Act (42 U.S.C. 620 et seq.; 670 et seq.).
       (C) The extent to which the proposed system is feasible and 
     likely to achieve the purposes described in subsection 
     (a)(1).
       (4) Diversity of awards.--The Attorney General shall award 
     grants under this section in a manner that results in a 
     reasonable balance among grants awarded to State courts and 
     grants awarded to local courts, grants awarded to courts 
     located in urban areas and courts located in rural areas, and 
     grants awarded in diverse geographical locations.
       (d) Length of Awards.--No grant may be awarded under this 
     section for a period of more than 5 years.
       (e) Availability of Funds.--Funds provided to a State court 
     or local court under a grant awarded under this section shall 
     remain available until expended without fiscal year 
     limitation.
       (f) Reports.--
       (1) Annual report from grantees.--Each State court or local 
     court that is awarded a grant under this section shall submit 
     an annual report to the Attorney General that contains--
       (A) a description of the ongoing results of the independent 
     evaluation of the plan for, and implementation of, the 
     automated data collection and case-tracking system funded 
     under the grant; and
       (B) the information described in subsection (b)(2)(I).
       (2) Interim and final reports from attorney general.--
       (A) Interim reports.--Beginning 2 years after the date of 
     enactment of this Act, and biannually thereafter until a 
     final report is submitted in accordance with subparagraph 
     (B), the Attorney General shall submit to Congress interim 
     reports on the grants made under this section.
       (B) Final report.--Not later than 90 days after the 
     termination of all grants awarded under this section, the 
     Attorney General shall submit to Congress a final report 
     evaluating the automated data collection and case-tracking 
     systems funded under such grants and identifying successful 
     models of such systems that are suitable for replication in 
     other jurisdictions. The Attorney General shall ensure that a 
     copy of such final report is transmitted to the highest State 
     court in each State.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $10,000,000 for 
     the period of fiscal years 2001 through 2005.

     SEC. 5. GRANTS TO REDUCE PENDING BACKLOGS OF ABUSE AND 
                   NEGLECT CASES TO PROMOTE PERMANENCY FOR ABUSED 
                   AND NEGLECTED CHILDREN.

       (a) Authority to Award Grants.--The Attorney General, 
     acting through the Office of Juvenile Justice and Delinquency 
     Prevention of the Office of Justice Programs and in 
     collaboration with the Secretary of Health and Human 
     Services, shall award grants in accordance with this section 
     to State courts and local courts for the purposes of--
       (1) promoting the permanency goals established in the 
     Adoption and Safe Families Act of 1997 (Public Law 105-89; 
     111 Stat. 2115); and
       (2) enabling such courts to reduce existing backlogs of 
     cases pending in abuse and neglect courts, especially with 
     respect to cases to terminate parental rights and cases in 
     which parental rights to a child have been terminated but an 
     adoption of the child has not yet been finalized.
       (b) Application.--A State court or local court shall submit 
     an application for a grant under this section, in such form 
     and manner as the Attorney General shall require, that 
     contains a description of the following:
       (1) The barriers to achieving the permanency goals 
     established in the Adoption and Safe Families Act of 1997 
     that have been identified.
       (2) The size and nature of the backlogs of children 
     awaiting termination of parental rights or finalization of 
     adoption.
       (3) The strategies the State court or local court proposes 
     to use to reduce such backlogs and the plan and timetable for 
     doing so.

[[Page S1606]]

       (4) How the grant funds requested will be used to assist 
     the implementation of the strategies described in paragraph 
     (3).
       (c) Use of Funds.--Funds provided under a grant awarded 
     under this section may be used for any purpose that the 
     Attorney General determines is likely to successfully achieve 
     the purposes described in subsection (a), including 
     temporarily--
       (1) establishing night court sessions for abuse and neglect 
     courts;
       (2) hiring additional judges, magistrates, commissioners, 
     hearing officers, referees, special masters, and other 
     judicial personnel for such courts;
       (3) hiring personnel such as clerks, administrative support 
     staff, case managers, mediators, and attorneys for such 
     courts; or
       (4) extending the operating hours of such courts.
       (d) Number of Grants.--Not less than 15 nor more than 20 
     grants shall be awarded under this section.
       (e) Availability of Funds.--Funds awarded under a grant 
     made under this section shall remain available for 
     expenditure by a grantee for a period not to exceed 3 years 
     from the date of the grant award.
       (f) Report on Use of Funds.--Not later than the date that 
     is halfway through the period for which a grant is awarded 
     under this section, and 90 days after the end of such period, 
     a State court or local court awarded a grant under this 
     section shall submit a report to the Attorney General that 
     includes the following:
       (1) The barriers to the permanency goals established in the 
     Adoption and Safe Families Act of 1997 that are or have been 
     addressed with grant funds.
       (2) The nature of the backlogs of children that were 
     pursued with grant funds.
       (3) The specific strategies used to reduce such backlogs.
       (4) The progress that has been made in reducing such 
     backlogs, including the number of children in such backlogs--
       (A) whose parental rights have been terminated; and
       (B) whose adoptions have been finalized.
       (5) Any additional information that the Attorney General 
     determines would assist jurisdictions in achieving the 
     permanency goals established in the Adoption and Safe 
     Families Act of 1997.
       (g) Authorization of Appropriation.--There are authorized 
     to be appropriated for fiscal year 2001 $10,000,000 for the 
     purpose of making grants under this section.

     SEC. 6. GRANTS TO EXPAND THE COURT-APPOINTED SPECIAL ADVOCATE 
                   PROGRAM IN UNDERSERVED AREAS.

       (a) Grants To Expand CASA Programs in Underserved Areas.--
     The Administrator of the Office of Juvenile Justice and 
     Delinquency Prevention of the Department of Justice shall 
     make a grant to the National Court-Appointed Special Advocate 
     Association for the purposes of--
       (1) expanding the recruitment of, and building the capacity 
     of, court-appointed special advocate programs located in the 
     15 largest urban areas;
       (2) developing regional, multijurisdictional court-
     appointed special advocate programs serving rural areas; and
       (3) providing training and supervision of volunteers in 
     court-appointed special advocate programs.
       (b) Limitation on Administrative Expenditures.--Not more 
     than 5 percent of the grant made under this subsection may be 
     used for administrative expenditures.
       (c) Determination of Urban and Rural Areas.--For purposes 
     of administering the grant authorized under this subsection, 
     the Administrator of the Office of Juvenile Justice and 
     Delinquency Prevention of the Department of Justice shall 
     determine whether an area is one of the 15 largest urban 
     areas or a rural area in accordance with the practices of, 
     and statistical information compiled by, the Bureau of the 
     Census.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to make the grant authorized under this 
     section, $5,000,000 for fiscal year 2001.

  Mr. ROCKFELLER. I am proud to join Senator DeWine and other concerned 
colleagues in introducing two bills that are related and designed to 
help strengthen our court systems that preside over the child abuse and 
neglect cases. If we want the child welfare system to work well, we 
must invest in improving our courts, as well as our State agencies. We 
need to reduce the backlog of cases. We need to invest in computer 
systems so that the courts keep track of these children. We need to 
train judges and court personnel so that they can make the tough 
decisions required by the 1997 Adoption Act to make a child's safety, 
health, and permanency paramount.
  These two bills are identical to a package we introduced last year, 
but we hope dividing the legislation into separate bills will 
streamline consideration. Both bills are urgent.
  These bills build on the foundation of the Adoption and Safe Families 
Act, passed in October 1997. For the first time, this law established 
that a child's health and safety must be the paramount consideration 
when any decision is made regarding a child in the abuse and neglect 
system. The law promotes stability and permanence for abused and 
neglected children by requiring timely decisionmaking in proceedings to 
determine whether children can safely return to their families or 
whether they should be moved into safe and stable adoptive homes. More 
specifically, the law requires a State to move to terminate the 
parental rights of any parent whose child has been in foster care for 
15 out of the last 22 months. While essential to protect children, 
these accelerated time lines increase the pressure on the Nation's 
already overburdened child abuse and neglect courts.
  Our courts play a vital role in the Nation's child protection system. 
Through my discussions with judges in my State of West Virginia and 
across the country, I have learned that abuse and neglect judges make 
some of the most difficult decisions made by any members of the 
judiciary. Adjudications of abuse and neglect, terminations of parental 
rights, approval of adoptions, and life-changing determinations are not 
made without careful and sometimes painful deliberation. Despite the 
courts' commitment to the fair and efficient administration of justice 
in these cases, staggering increases in the number of children in the 
abuse and neglect system have placed a tremendous burden on our abuse 
and neglect courts.
  Throughout the debate on the Adoption and Safe Families Act, we heard 
from dozen of judges--especially in my State of West Virginia--who 
maintained that the biggest problems facing their courts are the 
overwhelming backlog of abuse and neglect cases. Without creative ways 
to eliminate such backlogs, the judges argued, new cases will never 
move smoothly through the court system. That is why the Strengthening 
Abuse and Neglect Courts Act authorizes a grant program to provide 
State courts with the funds they need to eliminate current backlogs 
once and for all. For some courts, that might involve the temporary 
hiring of an additional judge, a temporary extension of court hours, or 
restructuring the duties of court personnel. This program will provide 
grants to those court projects that will result in the effective and 
rapid elimination of current backlogs to smooth the way for more 
efficient courts in the future. Grants would also be established to 
fund computer tracking systems for courts to prevent backlog and ensure 
timely consideration and information.
  We also seek to expand the successful Court-Appointed Special 
Advocate (CASA) Program. CASA volunteers are the eyes and the ears of 
the courts, spending time with abused and neglected children, 
interviewing the adults involved in their lives, and helping to give 
judges a better understanding of the needs of each individual child. 
Despite the incredible success of the CASA programs, thousands of 
abused and neglected children do not have the benefit of CASA 
representation. The bill provides CASA with a $55 million grant to 
expand its programs into underserved inner cities and rural areas.
  The second bill, the TAKE CARE Act, Training and Knowledge Ensure 
Children a Risk-free Environment, recognizes the need for improved 
training, continuing educational opportunities, and model practice 
standards for judges, attorneys and other court personnel who work in 
the abuse and neglect courts. More specifically, the bill requires that 
abuse and neglect agencies design and encourage the implementation of 
``best practice'' standards for those attorneys representing the 
agencies in abuse and neglect cases. It extends the federal 
reimbursement for training currently provided to agency representatives 
to judges, court personnel, law enforcement representatives, guardians-
ad-litem, and the other attorneys who practice in abuse and neglect 
proceedings. For the first time, such reimbursement would help fund 
specialized cross-training agency and court personnel and training that 
focuses on vital subjects such as new research on child development.
  Abused and neglected children depend upon the courts to decide their 
safety and to find a permanent home. This is what children need, and 
too many are waiting. We should move swiftly on the Strengthening Abuse 
and Nelgect Courts Act and the TAKE CARE Act to help such vulnerable 
children.

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