[Congressional Record Volume 147, Number 112 (Friday, August 3, 2001)]
[Senate]
[Pages S8953-S8958]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE (for himself and Ms. Landrieu):
  S. 1382. A bill to amend title 11, District of Columbia Code, to 
redesignate the Family Division of the Superior Court of the District 
of Columbia as the Family Court of the Superior Court, to recruit and 
retain trained and experienced judges to serve in the Family Court, to 
promote consistency and efficiency in the assignment of judges to the 
Family Court and in the consideration of actions and proceedings in the 
Family Court, and for other purposes; to the Committee on Governmental 
Affairs.
  Mr. DeWINE. Mr. President, I rise today to introduce legislation, 
along with my friends and colleagues Senator Landrieu and Senator 
Levin, that will have a vital impact on children and families in the 
District of Columbia. Our bill, the ``District of Columbia Family Court 
Act of 2001'' is aimed at guiding the District, as the Superior Court 
strives to reform its role in the child welfare system through its 
creation of a Family Court.
  This legislation takes a very important step forward in helping to 
ensure that the best interest of children in contact with the DC child 
welfare system are always paramount. In making

[[Page S8954]]

sure that is the case, judges in the system play a key role. I learned 
this first-hand nearly thirty years ago when I was serving as an 
assistant county prosecutor in Greene County, OH. One of my duties was 
to represent the Greene County Children Services in cases where 
children were going to be removed from their parents' custody.
  I witnessed then that too many of these cases drag on endlessly, 
leaving children trapped in temporary foster care placements, which 
often entail multiple moves from foster home to foster home to foster 
home, for years and years and years. Such multiple placements and lack 
of permanency for these kids is abuse in it's own right.
  Since being appointed to the District of Columbia Appropriations 
Committee, I have made it my personal mission to find financial 
solutions for the problems facing DC's foster children. In March, 
Representative DeLay and I laid the groundwork for a DC Family Court 
Bill that would be bipartisan and effective. In drafting this bill, we 
have held numerous hearings, met with child welfare advocates from 
across the District, and had countless meetings with the DC Superior 
Court Judges.
  In particular, I want to thank Chief Judge Rufus King for making 
himself available to members of Congress and their staffs and for 
appearing before the DC Subcommittee on Appropriations. Judge King has 
made reforming the Family Division of the DC Court his number one 
priority, and I look forward to working with him in the future to 
implement the reforms established by our DC Family Court Bill.

  Our legislation includes a number of important reforms that would 
ensure that the judicial system protects the children of the District. 
First, it would increase the length of judicial terms for judges from 
one year for judges already presiding over the Superior Court to three 
years. New judges appointed to the Superior Court and then assigned to 
the Family Court would have five-year terms. This change would enable 
judges to develop an expertise in Family Law.
  Second, the bill would create magistrates so that the current backlog 
of 4500 permanency cases can be properly and adequately addressed. 
These magistrates would be distributed among the judges according to a 
transition plan, which must be submitted to Congress within 90 days of 
passage of this bill. We want to make sure the court has the 
flexibility to deal with these important child welfare issues.
  Third, the bill provides the resources for an Integrated Judicial 
Information System, IJIS. This would enable the court to track and 
properly monitor family cases and would allow all judges and 
magistrates to have access to the information necessary to make the 
best decisions about placement and child safety.
  Fourth, a reform in the bill that I find extremely important is the 
One-Judge/One Family provision. This policy would ensure that the same 
judge, a judge who knows the history of a family and the child, would 
be making the important permanency decisions. This provision is 
essential for those hard cases involving abuse and neglect. It ensures 
consistency. It ensures safety. And, it just makes sense.
  Ultimately, our bill would provide consistency through the One-Judge/
One-Family provision, it would provide safety and security, and it 
would provide stability for the children of the District. We need to 
give the children in the District's welfare system all of these things. 
It is the right thing to do.
  I urge my colleagues to join in support of this bill. We must never, 
ever lose sight of our responsibility to the children involved. Their 
needs and their best interests must always come first. And today, I 
believe we are putting children first and taking a step forward on 
their behalf.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1382

       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 ``District of Columbia Family 
     Court Act of 2001''.

     SEC. 2. REDESIGNATION OF FAMILY DIVISION AS FAMILY COURT OF 
                   THE SUPERIOR COURT.

       (a) In General.--Section 11-902, District of Columbia Code, 
     is amended to read as follows:

     ``Sec. 11-902. Organization of the court.

       ``(a) In General.--The Superior Court shall consist of the 
     following:
       ``(1) The Civil Division.
       ``(2) The Criminal Division.
       ``(3) The Family Court.
       ``(4) The Probate Division.
       ``(5) The Tax Division.
       ``(b) Branches.--The divisions of the Superior Court may be 
     divided into such branches as the Superior Court may by rule 
     prescribe.
       ``(c) Designation of Presiding Judge of Family Court.--The 
     chief judge of the Superior Court shall designate one of the 
     judges assigned to the Family Court of the Superior Court to 
     serve as the presiding judge of the Family Court of the 
     Superior Court.
       ``(d) Jurisdiction Described.--The Family Court shall have 
     original jurisdiction over the actions, applications, 
     determinations, adjudications, and proceedings described in 
     section 11-1101.''.
       (b) Conforming Amendment to Chapter 9.--Section 11-906(b), 
     District of Columbia Code, is amended by inserting ``the 
     Family Court and'' before ``the various divisions''.
       (c) Conforming Amendments to Chapter 11.--(1) The heading 
     for chapter 11 of title 11, District of Columbia, is amended 
     by striking ``Family Division'' and inserting ``Family 
     Court''.
       (2) The item relating to chapter 11 in the table of 
     chapters for title 11, District of Columbia, is amended by 
     striking ``Family Division'' and inserting ``Family Court''.
       (d) Conforming Amendments to Title 16.--
       (1) Calculation of child support.--Section 16-916.1(o)(6), 
     District of Columbia Code, is amended by striking ``Family 
     Division'' and inserting ``Family Court of the Superior 
     Court''.
       (2) Expedited judicial hearing of cases brought before 
     hearing commissioners.--Section 16-924, District of Columbia 
     Code, is amended by striking ``Family Division'' each place 
     it appears in subsections (a) and (f) and inserting ``Family 
     Court''.
       (3) General references to proceedings.--Chapter 23 of title 
     16, District of Columbia Code, is amended by inserting after 
     section 16-2301 the following new section:

     ``Sec. 16-2301.1. References deemed to refer to Family Court 
       of the Superior Court.

       ``Any reference in this chapter or any other Federal or 
     District of Columbia law, Executive order, rule, regulation, 
     delegation of authority, or any document of or pertaining to 
     the Family Division of the Superior Court of the District of 
     Columbia shall be deemed to refer to the Family Court of the 
     Superior Court of the District of Columbia.''.
       (4) Clerical amendment.--The table of sections for 
     subchapter I of chapter 23 of title 16, District of Columbia, 
     is amended by inserting after the item relating to section 
     16-2301 the following new item:

``16-2301.1. References deemed to refer to Family Court of the Superior 
              Court.''.

     SEC. 3. APPOINTMENT AND ASSIGNMENT OF JUDGES; NUMBER AND 
                   QUALIFICATIONS.

       (a) Number of Judges for Family Court; Qualifications and 
     Terms of Service.--Chapter 9 of title 11, District of 
     Columbia Code, is amended by inserting after section 11-908 
     the following new section:

     ``Sec. 11-908A. Special rules regarding assignment and 
       service of judges of Family Court.

       ``(a) Number of Judges.--
       ``(1) In general.--The number of judges serving on the 
     Family Court of the Superior Court at any time may not be 
     less than 12 or more than 15.
       ``(2) Report.--The total number of judges on the Superior 
     Court may exceed the limit on such judges to the extent 
     necessary to maintain the requirements of this subsection if 
     the chief judge of the Superior Court--
       ``(A) obtains the approval of the Joint Committee on 
     Judicial Administration; and
       ``(B) reports to Congress regarding the circumstances that 
     gave rise to the necessity to exceed the cap.
       ``(b) Qualifications.--The chief judge may not assign an 
     individual to serve on the Family Court of the Superior Court 
     unless--
       ``(1) the individual has training or expertise in family 
     law;
       ``(2) the individual certifies to the chief judge that the 
     individual intends to serve the full term of service, except 
     that this paragraph shall not apply with respect to 
     individuals serving as senior judges under section 11-1504 
     and individuals serving as temporary judges under section 11-
     908;
       ``(3) the individual certifies to the chief judge that the 
     individual will participate in the ongoing training programs 
     carried out for judges of the Family Court under section 11-
     1104(c); and
       ``(4) the individual meets the requirements of section 11-
     1732A(b).
       ``(c) Term of Service.--
       ``(1) In general.--
       ``(A) Serving judges.--An individual assigned to serve as a 
     judge of the Family Court of the Superior Court who is 
     serving as a judge in the Superior Court on the date of the 
     enactment of the District of Columbia Family Court Act of 
     2001 shall serve for a term of not fewer than 3 years as 
     determined by the chief judge of the Superior Court 
     (including any consecutive period of service on

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     the Family Division of the Superior Court immediately 
     preceding the date of the enactment of such Act).
       ``(B) New judges.--An individual assigned to serve as a 
     judge of the Family Court of the Superior Court who is not 
     serving as a judge in the Superior Court on the date of the 
     enactment of the District of Columbia Family Court Act of 
     2001 shall serve for a term of 5 years.
       ``(2) Assignment for additional service.--After the term of 
     service of a judge of the Family Court (as described in 
     paragraph (1)) expires, at the judge's request the judge may 
     be assigned for additional service on the Family Court for a 
     period of such duration (consistent with section 431(c) of 
     the District of Columbia Home Rule Act) as the chief judge 
     may provide.
       ``(3) Permitting service on family court for entire term.--
     At the request of the judge, a judge may serve as a judge of 
     the Family Court for the judge's entire term of service as a 
     judge of the Superior Court under section 431(c) of the 
     District of Columbia Home Rule Act.
       ``(d) Reassignment to Other Divisions.--The chief judge may 
     reassign a judge of the Family Court to any division of the 
     Superior Court if the chief judge determines that the judge 
     is unable, for cause, to continue serving in the Family 
     Court.''.
       (b) Plan for Family Court Transition.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the chief judge of the Superior 
     Court of the District of Columbia shall prepare and submit to 
     the President and Congress a transition plan for the Family 
     Court of the Superior Court, and shall include in the plan 
     the following:
       (A) The chief judge's determination of the role and 
     function of the presiding judge of the Family Court.
       (B) The chief judge's determination of the number of judges 
     needed to serve on the Family Court.
       (C) The chief judge's determination of the number of 
     magistrate judges of the Family Court needed for appointment 
     under section 11-1732, District of Columbia Code.
       (D) The chief judge's determination of the appropriate 
     functions of such magistrate judges, together with the 
     compensation of and other personnel matters pertaining to 
     such magistrate judges.
       (E) A plan for case flow, case management, and staffing 
     needs (including the needs for both judicial and nonjudicial 
     personnel) for the Family Court.
       (F) A plan for space, equipment, and other physical plant 
     needs and requirements during the transition, as determined 
     in consultation with the Administrator of General Services.
       (G) An analysis of the success of the use of magistrate 
     judges under the expedited appointment procedures established 
     under section 6(d) in reducing the number of pending actions 
     and proceedings within the jurisdiction of the Family Court 
     (as described in section 11-902(d), District of Columbia, as 
     amended by subsection (a)).
       (H) Consistent with the requirements of paragraph (2), a 
     proposal for the disposition or transfer to the Family Court 
     of actions and proceedings within the jurisdiction of the 
     Family Court as of the date of the enactment of this Act 
     (together with actions and proceedings described in section 
     11-1101, District of Columbia Code, which were initiated in 
     the Family Division but remain pending in other Divisions of 
     the Superior Court as of such date) in a manner consistent 
     with applicable Federal and District of Columbia law and best 
     practices, including best practices developed by the American 
     Bar Association and the National Council of Juvenile and 
     Family Court Judges.
       (2) Implementation of the proposal for transfer or 
     disposition of actions and proceedings to family court.--
       (A) In general.--The chief judge of the Superior Court and 
     the presiding judge of the Family Court shall take such steps 
     as may be required as provided in the proposal for 
     disposition of actions and proceedings under paragraph (1)(H) 
     to ensure that each action or proceeding within the 
     jurisdiction of the Family Court of the Superior Court (as 
     described in section 11-902(d), District of Columbia Code, as 
     amended by subsection (a)) is transferred to the Family Court 
     or otherwise disposed of as provided in subparagraph (B). The 
     requirement of this subparagraph shall not apply to an action 
     or proceeding pending before a senior judge as defined in 
     section 11-1504, District of Columbia Code.
       (B) Deadline.--Notwithstanding any other provision of this 
     Act or any amendment made by this Act, no action or 
     proceeding which is within the jurisdiction of the Family 
     Court (as described in section 11-902(d), District of 
     Columbia Code, as amended by subsection (a)) shall remain 
     pending with a judge not serving on the Family Court upon the 
     expiration of 18 months after the date of enactment of this 
     Act.
       (C) Progress reports.--The chief judge of the Superior 
     Court shall report to the Committee on Appropriations of each 
     House, the Committee on Governmental Affairs of the Senate, 
     and the Committee on Government Reform of the House of 
     Representatives 6 months and 12 months after the date of 
     enactment of this Act on the progress made towards disposing 
     of actions or proceedings described in subparagraph (B).
       (3) Effective date of implementation of plan.--The chief 
     judge of the Superior Court may not take any action to 
     implement the transition plan under this subsection until the 
     expiration of the 30-day period which begins on the date the 
     chief judge submits the plan to the President and Congress 
     under paragraph (1).
       (c) Transition to Required Number of Judges.--
       (1) Analysis by chief judge of superior court.--The chief 
     judge of the Superior Court of the District of Columbia shall 
     include in the transition plan prepared under subsection 
     (b)--
       (A) the chief judge's determination of the number of 
     individuals serving as judges of the Superior Court who meet 
     the qualifications for judges of the Family Court of the 
     Superior Court under section 11-908A, District of Columbia 
     Code (as added by subsection (a)); and
       (B) if the chief judge determines that the number of 
     individuals described in subparagraph (A) is less than 15, a 
     request that the Judicial Nomination Commission recruit and 
     the President nominate (in accordance with section 433 of the 
     District of Columbia Home Rule Act) such additional number of 
     individuals to serve on the Superior Court who meet the 
     qualifications for judges of the Family Court under such 
     section as may be required to enable the chief judge to make 
     the required number of assignments.
       (2) Role of district of columbia judicial nomination 
     commission.--For purposes of section 434(d)(1) of the 
     District of Columbia Home Rule Act, the submission of a 
     request from the chief judge of the Superior Court of the 
     District of Columbia under paragraph (1)(B) shall be deemed 
     to create a number of vacancies in the position of judge of 
     the Superior Court equal to the number of additional 
     appointments so requested by the chief judge, except that the 
     deadline for the submission by the District of Columbia 
     Judicial Nomination Commission of nominees to fill such 
     vacancies shall be 90 days after the creation of such 
     vacancies. In carrying out this paragraph, the District of 
     Columbia Judicial Nomination Commission shall recruit 
     individuals for possible nomination and appointment to the 
     Superior Court who meet the qualifications for judges of the 
     Family Court of the Superior Court.
       (d) Report by Comptroller General.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Comptroller General shall 
     prepare and submit to Congress and the chief judge of the 
     Superior Court of the District of Columbia a report on the 
     implementation of this Act (including the transition plan 
     under subsection (b)), and shall include in the report the 
     following:
       (A) An analysis of the procedures used to make the initial 
     appointments of judges of the Family Court under this Act and 
     the amendments made by this Act, including an analysis of the 
     time required to make such appointments and the effect of the 
     qualification requirements for judges of the Court (including 
     requirements relating to the length of service on the Court) 
     on the time required to make such appointments.
       (B) An analysis of the impact of magistrate judges for the 
     Family Court (including the expedited initial appointment of 
     magistrate judges for the Court under section 6(d)) on the 
     workload of judges and other personnel of the Court.
       (C) An analysis of the number of judges needed for the 
     Family Court, including an analysis of how the number may be 
     affected by the qualification requirements for judges, the 
     availability of magistrate judges, and other provisions of 
     this Act or the amendments made by this Act.
       (2) Submission to chief judge of superior court.--Prior to 
     submitting the report under paragraph (1) to Congress, the 
     Comptroller General shall provide a preliminary version of 
     the report to the chief judge of the Superior Court and shall 
     take any comments and recommendations of the chief judge into 
     consideration in preparing the final version of the report.
       (e) Conforming Amendment.--The first sentence of section 
     11-908(a), District of Columbia Code, is amended by striking 
     ``The chief judge'' and inserting ``Subject to section 11-
     908A, the chief judge''.
       (f) Clerical Amendment.--The table of sections for chapter 
     9 of title 11, District of Columbia Code, is amended by 
     inserting after the item relating to section 11-908 the 
     following new item:

``11-908A. Special rules regarding assignment and service of judges of 
              Family Court.''.

     SEC. 4. IMPROVING ADMINISTRATION OF CASES AND PROCEEDINGS IN 
                   FAMILY COURT.

       (a) In General.--Chapter 11 of title 11, District of 
     Columbia, is amended by striking section 1101 and inserting 
     the following:

     ``Sec. 11-1101. Jurisdiction of the Family Court.

       ``(a) In General.--The Family Court of the District of 
     Columbia shall be assigned and have original jurisdiction 
     over--
       ``(1) actions for divorce from the bond of marriage and 
     legal separation from bed and board, including proceedings 
     incidental thereto for alimony, pendente lite and permanent, 
     and for support and custody of minor children;
       ``(2) applications for revocation of divorce from bed and 
     board;
       ``(3) actions to enforce support of any person as required 
     by law;
       ``(4) actions seeking custody of minor children, including 
     petitions for writs of habeas corpus;
       ``(5) actions to declare marriages void;

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       ``(6) actions to declare marriages valid;
       ``(7) actions for annulments of marriage;
       ``(8) determinations and adjudications of property rights, 
     both real and personal, in any action referred to in this 
     section, irrespective of any jurisdictional limitation 
     imposed on the Superior Court;
       ``(9) proceedings in adoption;
       ``(10) proceedings under the Act of July 10, 1957 (D.C. 
     Code, secs. 30-301 to 30-324);
       ``(11) proceedings to determine paternity of any child born 
     out of wedlock;
       ``(12) civil proceedings for protection involving 
     intrafamily offenses, instituted pursuant to chapter 10 of 
     title 16;
       ``(13) proceedings in which a child, as defined in section 
     16-2301, is alleged to be delinquent, neglected, or in need 
     of supervision;
       ``(14) proceedings under chapter 5 of title 21 relating to 
     the commitment of the mentally ill;
       ``(15) proceedings under chapter 11 of title 21 relating to 
     the commitment of the substantially retarded; and
       ``(16) proceedings under Interstate Compact on Juveniles 
     (described in title IV of the District of Columbia Court 
     Reform and Criminal Procedure Act of 1970).
       ``(b) Definition.--In this chapter, the term `action or 
     proceeding' with respect to the Family Court refers to cause 
     of action described in paragraphs (1) through (16) of 
     subsection (a).

     ``Sec. 11-1102. Use of alternative dispute resolution.

       ``To the greatest extent practicable and safe, cases and 
     proceedings in the Family Court of the Superior Court shall 
     be resolved through alternative dispute resolution 
     procedures, in accordance with such rules as the Superior 
     Court may promulgate.

     ``Sec. 11-1103. Standards of practice for appointed counsel.

       ``The Superior Court shall establish standards of practice 
     for attorneys appointed as counsel in the Family Court of the 
     Superior Court.

     ``Sec. 11-1104. Administration.

       ``(a) `One Family, One Judge' Requirement for Cases and 
     Proceedings.--To the greatest extent practicable and 
     feasible, if an individual who is a party to an action or 
     proceeding assigned to the Family Court has an immediate 
     family or household member who is a party to another action 
     or proceeding assigned to the Family Court, the individual's 
     action or proceeding shall be assigned to the same judge or 
     magistrate judge to whom the immediate family member's action 
     or proceeding is assigned.
       ``(b) Retention of Jurisdiction Over Cases.--
       ``(1) In general.--In addition to the requirement of 
     subsection (a), any action or proceeding assigned to the 
     Family Court of the Superior Court shall remain under the 
     jurisdiction of the Family Court until the action or 
     proceeding is finally disposed.
       ``(2) One family, one judge.--
       ``(A) For the duration.--An action or proceeding assigned 
     pursuant to this subsection shall remain with the judge or 
     magistrate judge to whom the action or proceeding is assigned 
     for the duration of the action or proceeding to the greatest 
     extent practicable, feasible, and lawful.
       ``(B) All cases involving an individual.--If an individual 
     who is a party to an action or proceeding assigned to the 
     Family Court becomes a party to another action or proceeding 
     assigned to the Family Court, the individual's subsequent 
     action or proceeding shall be assigned to the same judge or 
     magistrate judge to whom the individual's initial action or 
     proceeding is assigned to the greatest extent practicable, 
     feasible, and lawful.
       ``(C) Reassignment.--If the judge to whom the action or 
     proceeding is assigned ceases to serve on the Family Court 
     prior to the final disposition of the action or proceeding, 
     the presiding judge of the Family Court shall ensure that the 
     matter or proceeding is reassigned to a judge serving on the 
     Family Court, except that a judge who ceases to serve in 
     Family Court but remains in Superior Court may retain the 
     case or proceeding for not more than 6 months after ceasing 
     to serve if such retention is in the best interests of the 
     parties.
       ``(3) Standards of judicial ethics.--The actions of a judge 
     or magistrate judge in retaining an action or proceeding 
     under this paragraph shall be subject to applicable standards 
     of judicial ethics.
       ``(c) Training Program.--
       ``(1) In general.--The presiding judge of the Family Court 
     shall carry out an ongoing program to provide training in 
     family law and related matters for judges of the Family 
     Court, including magistrate judges, attorneys who practice in 
     the Family Court, and appropriate nonjudicial personnel, and 
     shall include in the program information and instruction 
     regarding the following:
       ``(A) Child development.
       ``(B) Family dynamics, including domestic violence.
       ``(C) Relevant Federal and District of Columbia laws.
       ``(D) Permanency planning principles and practices.
       ``(E) Recognizing the risk factors for child abuse.
       ``(F) Any other matters the presiding judge considers 
     appropriate.
       ``(2) Use of cross-training.--The program carried out under 
     this section shall use the resources of lawyers and legal 
     professionals, social workers, and experts in the field of 
     child development and other related fields.
       ``(d) Accessibility of Materials, Services, and 
     Proceedings; Promotion of `Family-Friendly' Environment.--
       ``(1) In general.--To the greatest extent practicable, the 
     presiding judge of the Family Court shall ensure that the 
     materials and services provided by the Family Court are 
     understandable and accessible to the individuals and families 
     served by the Court, and that the Court carries out its 
     duties in a manner which reflects the special needs of 
     families with children.
       ``(2) Location of proceedings.--To the maximum extent 
     feasible, safe, and practicable, cases and proceedings in the 
     Family Court shall be conducted at locations readily 
     accessible to the parties involved.
       ``(e) Integrated Computerized Case Tracking and Management 
     System.--The Executive Officer of the District of Columbia 
     courts under section 11-1703 shall work with the chief judge 
     of the Superior Court--
       ``(1) to ensure that all records and materials of cases and 
     proceedings in the Family Court are stored and maintained in 
     electronic format accessible by computers for the use of 
     judges, magistrate judges, and nonjudicial personnel of the 
     Family Court, and for the use of other appropriate offices of 
     the District government in accordance with the plan for 
     integrating computer systems prepared by the Mayor of the 
     District of Columbia under section 4(b) of the District of 
     Columbia Family Court Act of 2001;
       ``(2) to establish and operate an electronic tracking and 
     management system for cases and proceedings in the Family 
     Court for the use of judges and nonjudicial personnel of the 
     Family Court, using the records and materials stored and 
     maintained pursuant to paragraph (1); and
       ``(3) to expand such system to cover all divisions of the 
     Superior Court as soon as practicable.

     ``Sec. 11-1105. Social services and other related services.

       ``(a) On-Site Coordination of Services and Information.--
       ``(1) In general.--The Mayor of the District of Columbia, 
     in consultation with the chief judge of the Superior Court, 
     shall ensure that representatives of the appropriate offices 
     of the District government which provide social services and 
     other related services to individuals and families served by 
     the Family Court (including the District of Columbia Public 
     Schools, the District of Columbia Housing Authority, the 
     Child and Family Services Agency, the Office of the 
     Corporation Counsel, the Metropolitan Police Department, the 
     Department of Health, and other offices determined by the 
     Mayor) are available on-site at the Family Court to 
     coordinate the provision of such services and information 
     regarding such services to such individuals and families.
       ``(2) Duties of heads of offices.--The head of each office 
     described in paragraph (1), including the Superintendent of 
     the District of Columbia Public Schools and the Director of 
     the District of Columbia Housing Authority, shall provide the 
     Mayor with such information, assistance, and services as the 
     Mayor may require to carry out such paragraph.
       ``(b) Appointment of Social Services Liaison With Family 
     Court.--The Mayor of the District of Columbia shall appoint 
     an individual to serve as a liaison between the Family Court 
     and the District government for purposes of subsection (a) 
     and for coordinating the delivery of services provided by the 
     District government with the activities of the Family Court 
     and for providing information to the judges, magistrate 
     judges, and nonjudicial personnel of the Court regarding the 
     services available from the District government to the 
     individuals and families served by the Court. The Mayor shall 
     provide on an ongoing basis information to the chief judge of 
     the Superior Court and the presiding judge of the Family 
     Court regarding the services of the District government which 
     are available for the individuals and families served by the 
     Family Court.

     ``Sec. 11-1106. Reports to Congress.

       ``Not later than 90 days after the end of each calendar 
     year, the chief judge of the Superior Court shall submit a 
     report to Congress on the activities of the Family Court 
     during the year, and shall include in the report the 
     following:
       ``(1) The chief judge's assessment of the productivity and 
     success of the use of alternative dispute resolution pursuant 
     to section 11-1102.
       ``(2) Goals and timetables as required by the Adoption and 
     Safe Families Act of 1997 to improve the Family Court's 
     performance in the following year.
       ``(3) Information on the extent to which the Court met 
     deadlines and standards applicable under Federal and District 
     of Columbia law to the review and disposition of actions and 
     proceedings under the Court's jurisdiction during the year.
       ``(4) Information on the progress made in establishing 
     locations and appropriate space for the Family Court that are 
     consistent with the mission of the Family Court until such 
     time as the locations and space are established.
       ``(5) Information on any factors which are not under the 
     control of the Family Court which interfere with or prevent 
     the Court from carrying out its responsibilities in the most 
     effective manner possible.
       ``(6) Based on outcome measures derived through the use of 
     the information stored in electronic format under section 11-
     1104(d), an analysis of the Court's efficiency and 
     effectiveness in managing its case load during the

[[Page S8957]]

     year, including an analysis of the time required to dispose 
     of actions and proceedings among the various categories of 
     the Court's jurisdiction, as prescribed by applicable law and 
     best practices, including (but not limited to) best practices 
     developed by the American Bar Association and the National 
     Council of Juvenile and Family Court Judges.
       ``(7) If the Court failed to meet the deadlines, standards, 
     and outcome measures described in the previous paragraphs, a 
     proposed remedial action plan to address the failure.''.
       (b) Expedited Appeals for Certain Family Court Actions and 
     Proceedings.--Section 11-721, District of Columbia Code, is 
     amended by adding at the end the following new subsection:
       ``(g) Any appeal from an order of the Family Court of the 
     District of Columbia terminating parental rights or granting 
     or denying a petition to adopt shall receive expedited review 
     by the District of Columbia Court of Appeals and shall be 
     certified by the appellant. An oral hearing on appeal shall 
     be deemed to be waived unless specifically requested by a 
     party to the appeal.''.
       (c) Plan for Integrating Computer Systems.--
       (1) In general.--Not later than 6 months after the date of 
     the enactment of this Act, the Mayor of the District of 
     Columbia shall submit to the President and Congress a plan 
     for integrating the computer systems of the District 
     government with the computer systems of the Superior Court of 
     the District of Columbia so that the Family Court of the 
     Superior Court and the appropriate offices of the District 
     government which provide social services and other related 
     services to individuals and families served by the Family 
     Court of the Superior Court (including the District of 
     Columbia Public Schools, the District of Columbia Housing 
     Authority, the Child and Family Services Agency, the Office 
     of the Corporation Counsel, the Metropolitan Police 
     Department, the Department of Health, and other offices 
     determined by the Mayor) will be able to access and share 
     information on the individuals and families served by the 
     Family Court.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to the Mayor of the District of Columbia 
     such sums as may be necessary to carry out paragraph (1).
       (d) Clerical Amendment.--The table of sections for chapter 
     11 of title 11, District of Columbia Code, is amended by 
     adding at the end the following new items:

``11-1102. Use of alternative dispute resolution.
``11-1103. Standards of practice for appointed counsel.
``11-1104. Administration.
``11-1105. Social services and other related services.
``11-1106. Reports to Congress.''.

     SEC. 5. TREATMENT OF HEARING COMMISSIONERS AS MAGISTRATE 
                   JUDGES.

       (a) In General.--
       (1) Redesignation of title.--Section 11-1732, District of 
     Columbia Code, is amended--
       (A) by striking ``hearing commissioners'' each place it 
     appears in subsection (a), subsection (b), subsection (d), 
     subsection (i), subsection (l), and subsection (n) and 
     inserting ``magistrate judges'';
       (B) by striking ``hearing commissioner'' each place it 
     appears in subsection (b), subsection (c), subsection (e), 
     subsection (f), subsection (g), subsection (h), and 
     subsection (j) and inserting ``magistrate judge'';
       (C) by striking ``hearing commissioner's'' each place it 
     appears in subsection (e) and subsection (k) and inserting 
     ``magistrate judge's'';
       (D) by striking ``Hearing commissioners'' each place it 
     appears in subsections (b), (d), and (i) and inserting 
     ``Magistrate judges''; and
       (E) in the heading, by striking ``Hearing commissioners'' 
     and inserting ``Magistrate Judges''.
       (2) Conforming amendments.--(A) Section 11-1732(c)(3), 
     District of Columbia Code, is amended by striking ``, except 
     that'' and all that follows and inserting a period.
       (B) Section 16-924, District of Columbia Code, is amended--
       (i) by striking ``hearing commissioner'' each place it 
     appears and inserting ``magistrate judge''; and
       (ii) in subsection (f), by striking ``hearing 
     commissioner's'' and inserting ``magistrate judge's''.
       (3) Clerical amendment.--The item relating to section 11-
     1732 of the table of sections of chapter 17 of title 11, D.C. 
     Code, is amended to read as follows:

``11-1732. Magistrate judges.''.

       (b) Transition Provision Regarding Hearing Commissioners.--
     Any individual serving as a hearing commissioner under 
     section 11-1732 of the District of Columbia Code as of the 
     date of the enactment of this Act shall serve the remainder 
     of such individual's term as a magistrate judge, and may be 
     reappointed as a magistrate judge in accordance with section 
     11-1732(d), District of Columbia Code, except that any 
     individual serving as a hearing commissioner as of the date 
     of the enactment of this Act who was appointed as a hearing 
     commissioner prior to the effective date of section 11-1732 
     of the District of Columbia Code shall not be required to be 
     a resident of the District of Columbia to be eligible to be 
     reappointed.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 6. SPECIAL RULES FOR MAGISTRATE JUDGES OF FAMILY COURT.

       (a) In General.--Chapter 17 of title 11, District of 
     Columbia Code, is amended by inserting after section 11-1732 
     the following new section:

     ``Sec. 11-1732A. Special rules for magistrate judges of the 
       Family Court of the Superior Court.

       ``(a) Use of Social Workers in Advisory Merit Selection 
     Panel.--The advisory selection merit panel used in the 
     selection of magistrate judges for the Family Court of the 
     Superior Court under section 11-1732(b) shall include 
     certified social workers specializing in child welfare 
     matters who are residents of the District and who are not 
     employees of the District of Columbia Courts.
       ``(b) Special Qualifications.--Notwithstanding section 11-
     1732(c), no individual shall be appointed as a magistrate 
     judge for the Family Court of the Superior Court unless that 
     individual--
       ``(1) is a citizen of the United States;
       ``(2) is an active member of the unified District of 
     Columbia Bar;
       ``(3) for the 5 years immediately preceding the appointment 
     has been engaged in the active practice of law in the 
     District, has been on the faculty of a law school in the 
     District, or has been employed as a lawyer by the United 
     States or District government, or any combination thereof;
       ``(4) has not fewer than 3 years of training or experience 
     in the practice of family law; and
       ``(5)(A) is a bona fide resident of the District of 
     Columbia and has maintained an actual place of abode in the 
     District for at least 90 days immediately prior to 
     appointment, and retains such residency during service as a 
     magistrate judge; or
       ``(B) is a bona fide resident of the areas consisting of 
     Montgomery and Prince George's Counties in Maryland, 
     Arlington and Fairfax Counties, and the City of Alexandria in 
     Virginia, has maintained an actual place of abode in such 
     area for at least 5 years prior to appointment, and certifies 
     that the individual will become a bona fide resident of the 
     District of Columbia not later than 90 days after 
     appointment.
       ``(c) Service of Current Hearing Commissioners.--Those 
     individuals serving as hearing commissioners under section 
     11-1732 on the effective date of this section who meet the 
     qualifications described in subsection (b)(4) may request to 
     be appointed as magistrate judges for the Family Court of the 
     Superior Court under such section.
       ``(d) Functions.--A magistrate judge, when specifically 
     designated by the presiding judge of the Family Court of the 
     Superior Court, and subject to the rules of the Superior 
     Court and the right of review under section 11-1732(k), may 
     perform the following functions:
       ``(1) Administer oaths and affirmations and take 
     acknowledgements.
       ``(2) Subject to the rules of the Superior Court and 
     applicable Federal and District of Columbia law, conduct 
     hearings, make findings and enter interim and final orders or 
     judgments in uncontested or contested proceedings within the 
     jurisdiction of the Family Court of the Superior Court (as 
     described in section 11-1101), excluding jury trials and 
     trials of felony cases, as assigned by the presiding judge of 
     the Family Court.
       ``(3) Subject to the rules of the Superior Court, enter an 
     order punishing an individual for contempt, except that no 
     individual may be detained pursuant to the authority of this 
     paragraph for longer than 180 days.
       ``(e) Location of Proceedings.--To the maximum extent 
     feasible, safe, and practicable, magistrate judges of the 
     Family Court of the Superior Court shall conduct proceedings 
     at locations readily accessible to the parties involved.
       ``(f) Training.--The Family Court of the Superior Court 
     shall ensure that all magistrate judges of the Family Court 
     receive training to enable them to fulfill their 
     responsibilities, including specialized training in family 
     law and related matters.''.
       (b) Conforming Amendments.--(1) Section 11-1732(a), 
     District of Columbia Code, is amended by inserting after 
     ``the duties enumerated in subsection (j) of this section'' 
     the following: ``(or, in the case of magistrate judges for 
     the Family Court of the Superior Court, the duties enumerated 
     in section 11-1732A(d))''.
       (2) Section 11-1732(c), District of Columbia Code, is 
     amended by striking ``No individual'' and inserting ``Except 
     as provided in section 11-1732A(b), no individual''.
       (3) Section 11-1732(k), District of Columbia Code, is 
     amended--
       (A) by striking ``subsection (j),'' and inserting the 
     following: ``subsection (j) (or proceedings and hearings 
     under section 11-1732A(d), in the case of magistrate judges 
     for the Family Court of the Superior Court),''; and
       (B) by inserting after ``appropriate division'' the 
     following: ``(or, in the case of an order or judgment of a 
     magistrate judge of the Family Court of the Superior Court, 
     by a judge of the Family Court)''.
       (4) Section 11-1732(l), District of Columbia Code, is 
     amended by inserting after ``responsibilities'' the 
     following: ``(subject to the requirements of section 11-
     1732A(f) in the case of magistrate judges of the Family Court 
     of the Superior Court)''.
       (c) Clerical Amendment.--The table of sections for 
     subchapter II of chapter 17 of title 11, District of 
     Columbia, is amended by inserting after the item relating to 
     section 11-1732 the following new item:


[[Page S8958]]


``11-1732A. Special rules for magistrate judges of Family Court of the 
              Superior Court.''.

       (d) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on the date of the enactment of this Act.
       (2) Expedited initial appointments.--
       (A) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the chief judge of the Superior 
     Court of the District of Columbia shall appoint not more than 
     5 individuals to serve as magistrate judges for the Family 
     Division of the Superior Court in accordance with the 
     requirements of sections 11-1732 and 11-1732A, District of 
     Columbia Code (as added by subsection (a)).
       (B) Appointments made without regard to selection panel.--
     Sections 11-1732(b) and 11-1732A(a), District of Columbia 
     Code (as added by subsection (a)) shall not apply with 
     respect to any magistrate judge appointed under this 
     paragraph.
       (C) Priority for certain actions and proceedings.--The 
     chief judge of the Superior Court and the presiding judge of 
     the Family Division of the Superior Court (acting jointly) 
     shall first assign and transfer to the magistrate judges 
     appointed under this paragraph actions and proceedings 
     described as follows:
       (i) The action or proceeding involves an allegation of 
     abuse or neglect.
       (ii) The judge to whom the action or proceeding is assigned 
     as of the date of the enactment of this Act is not assigned 
     to the Family Division.
       (iii) The action or proceeding was initiated in the Family 
     Division prior to the 2-year period which ends on the date of 
     the enactment of this Act.

     SEC. 7. SENSE OF CONGRESS REGARDING BORDER AGREEMENT WITH 
                   MARYLAND AND VIRGINIA.

       It is the sense of Congress that the State of Maryland, the 
     Commonwealth of Virginia, and the District of Columbia should 
     promptly enter into a border agreement to facilitate the 
     timely and safe placement of children in the District of 
     Columbia's welfare system in foster and kinship homes and 
     other facilities in Maryland and Virginia.

     SEC. 8. SENSE OF THE SENATE REGARDING THE USE OF COURT 
                   APPOINTED SPECIAL ADVOCATES.

       It is the sense of the Senate that the Chief Judge of the 
     Superior Court and the Presiding Judge of the Family Division 
     should take all steps necessary to encourage and support the 
     use of Court Appointed Special Advocates (CASA) in family 
     court actions or proceedings.

     SEC. 9. INTERIM REPORTS.

       Not later than 12 months after the date of enactment of 
     this Act, the chief judge of the Superior Court and the 
     presiding judge of the Family Court--
       (1) in consultation with the General Services 
     Administration, shall submit to Congress a feasibility study 
     for the construction of appropriate permanent courts and 
     facilities for the Family Court; and
       (2) shall submit to Congress an analysis of the success of 
     the use of magistrate judges under the expedited appointment 
     procedures established under section 6(d) in reducing the 
     number of pending actions and proceedings within the 
     jurisdiction of the Family Court (as described in section 11-
     902(d), District of Columbia).

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Courts of 
     the District of Columbia and the District of Columbia such 
     sums as may be necessary to carry out the amendments made by 
     this Act.

     SEC. 11. EFFECTIVE DATE.

       The amendments made by section 4 shall take effect upon the 
     expiration of the 18 month period which begins on the date of 
     the enactment of this Act.
                                 ______