[Congressional Record Volume 147, Number 171 (Tuesday, December 11, 2001)]
[Senate]
[Pages S12856-S12857]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        D.C. FAMILY COURT REFORM

  Ms. LANDRIEU. Madam President, I would like to take this opportunity 
to note for the record a few important points. As you may know, the 
fiscal year 2002 Appropriations Act for the District of Columbia, which 
is on its way to the President's desk as we speak, included a total of 
$24 million dollars for the purpose of funding the reforms provided for 
under the Family Court Reform Act of 2001. As Chairman and Ranking 
Member of the DC Appropriations Subcommittee, Senator DeWine and I felt 
very strongly that these funds were a necessary prerequisite for the 
kind of change we envisioned. This money was provided to the Courts 
with the expectation that it would be used to affect this reform in the 
most immediate and effective way possible. Having worked with the 
Courts for the better part of this past year, we are confident that 
they will work diligently towards implementing a unified family court, 
staffed with highly trained and experienced judges, attorneys and court 
personnel. We expect that they will do their best to ensure that the 
this family court is structured in such a way as to reflect its 
founding principle, ``One family, One Judge'', a critical component in 
an effective child welfare system. And finally, we hope that the chief 
judge, the Child and Family Services Agency and others will go beyond 
the letter of the law and embrace its spirit, that the safety and well 
being of our children must remain our paramount concern.
  With that said, I would like to make clear our intent in including 
language which restricts the total distribution of the $24 million 
until the family court reform plan is received and reviewed by 
Congress. It should be noted that one hundred percent of the DC 
Superior Court's operating budget is paid for with Federal funds. 
Therefore, Congress has a unique obligation to ensure that the day-to-
day operations of this court reflect the best practices in each and 
every area of law under its jurisdiction. The Family Court Reform Act 
of 2001 lays out a broad set of guidelines for the reform of the family 
court in the District. Under the provisions of the DC Appropriations 
bill, within 90 days of the date of its enactment, the Courts are to 
submit to congress a plan for the immediate transition to a unified 
family court system. Within 30 days of receipt of this report, the 
General Accounting Office is to provide Congress with an independent 
review of this plan. Finally, after a 30 day review period in Congress, 
the funds earmarked for family court reform are to be distributed to 
the Court and to the Mayor to implement these reforms.
  Our intent in arranging the distribution of funds in this way was to 
ensure that the money added to the Court's budget for the purpose of 
family court reform would remain available to carry out the reform 
plan. In the short time since the congress passed the DC Appropriations 
conference report, modification to the authorization bill have

[[Page S12857]]

expedited the time in which the Court's are required to hire magistrate 
judges and their support personnel. The DC Courts have the ability to 
use funds from their general operating budget to hire magistrates, 
their staff, or any other activity, before the family court reform 
funds are available. We recognize that certain requirements of the 
family Court Reform Act of 2001 require immediate action and we 
encourage the Court to take the necessary steps to provide for a 
seamless transition.
  If the constraints on family court reform funds contained in the DC 
Appropriations bill prove to be unfeasible, I am committed to 
revisiting those constraints when Congress reconvenes in January. The 
Senate Appropriations Committee does not intend to hinder the 
implementation of the Family Court Reform Act in any way. We hope that 
we can work with our colleagues in the House to clarify this issue if 
necessary.

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