[Congressional Record Volume 147, Number 174 (Friday, December 14, 2001)]
[Senate]
[Pages S13312-S13317]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             DISTRICT OF COLUMBIA FAMILY COURT ACT OF 2001

  Mr. DASCHLE. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 258, H.R. 2657.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 2657) to amend title XI of the 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.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Governmental Affairs, 
with an amendment to strike all after the enacting clause and inserting 
in lieu thereof the following:

     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. Actions, applications, determinations, 
     adjudications, and proceedings being assigned to cross-
     jurisdictional units established by the Superior Court, 
     including the Domestic Violence Unit, on the date of 
     enactment of this section may continue to be so assigned 
     after the date of enactment of this section.''.
       (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:


[[Page S13313]]


``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 shall be not more than 15.
       ``(2) Exception.--If the chief judge determines that, in 
     order to carry out the intent and purposes of this Act, an 
     emergency exists such that the number of judges needed on the 
     Family Court of the Superior Court at any time is more than 
     15, the chief judge may temporarily reassign qualified judges 
     from other divisions of the Superior Court or qualified 
     senior judges to serve on the Family Court. Such reassigned 
     judges shall not be subject to the term of service 
     requirements of this Act.
       ``(3) Composition.--The total number of judges on the 
     Superior Court may exceed the limit on such judges specified 
     in section 11-903 to the extent necessary to maintain the 
     requirements of this subsection if--
       ``(A) the number of judges serving on the Family Court is 
     less than 15; and
       ``(B) the Chief Judge of the Superior Court--
       ``(i) is unable to secure a volunteer judge who is sitting 
     on the Superior Court outside of the Family Court for 
     reassignment to the Family Court;
       ``(ii) obtains approval of the Joint Committee on Judicial 
     Administration; and
       ``(iii) 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 
     or handle a Family Court case 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, 
     individuals serving as temporary judges under section 11-908, 
     and any other judge serving in another division of the 
     Superior Court;
       ``(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-
     1501(b).
       ``(c) Term of Service.--
       ``(1) In general.--
       ``(A) Sitting 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 
     enactment of the District of Columbia Family Court Act of 
     2001 shall serve in the Family Court for a term of not fewer 
     than 3 years as determined by the chief judge of the Superior 
     Court (including any period of service on the Family Division 
     of the Superior Court immediately preceding the date of 
     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 
     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 and with the 
     approval of the chief judge, 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 and with the approval of the 
     chief 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 in the 
     interest of justice the judge is unable 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 number of magistrate judges needed 
     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 child abuse and neglect actions pending as of the date of 
     enactment of this Act (which were initiated in the Family 
     Division but remain pending before judges serving 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.
       (I) An estimate of the number of cases for which the 
     deadline for disposition or transfer to the Family Court, 
     specified in paragraph (2)(B), cannot be met and the reasons 
     why such deadline cannot be met.
       (2) Implementation of the proposal for transfer or 
     disposition of actions and proceedings to family court.--
       (A) In general.--Except as provided in subparagraph (C), 
     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 child 
     abuse and neglect action 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 a child 
     abuse or neglect action pending before a senior judge as 
     defined in section 11-1504, District of Columbia Code.
       (B) Deadline.--
       (i) In general.--Notwithstanding any other provision of 
     this Act or any amendment made by this Act and except as 
     provided in subparagraph (C), no child abuse or neglect 
     action shall remain pending with a judge not serving on the 
     Family Court upon the expiration of 18 months after the 
     filing of the transition plan required under paragraph (1).
       (ii) Rule of construction.--Nothing in this subparagraph 
     shall preclude the immediate transfer of cases to the Family 
     Court, particularly cases which have been filed with the 
     court for less than 6 months prior to the date of enactment 
     of this Act.
       (C) Retained cases.--Child abuse and neglect cases that 
     were initiated in the Family Division but remain pending 
     before judges in other Divisions of the Superior Court as of 
     the date of enactment of this Act may remain before judges in 
     such other Divisions when--
       (i) the case remains at all times in full compliance with 
     section 103(a)(3) of Public Law 105-89 (42 U.S.C. 675(5)(E)); 
     and
       (ii) the case has been assigned continuously to the judge 
     for 18 months or more and the judge has a special knowledge 
     of the child's needs, such that reassignment would be harmful 
     to the child.
       (D) 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 at 6-month intervals for a period of 2 years 
     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--
       (i) 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
       (ii) are willing and able to serve on the Family Court; 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 section 
     11-908A, District of Columbia Code, 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

[[Page S13314]]

     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;
       ``(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.--
       ``(1) In general.--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).
       ``(2) Exception.--An action or proceeding may be assigned 
     to or retained by cross-jurisdictional units established by 
     the Superior Court, including the Domestic Violence Unit.

     ``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, feasible, 
     and lawful, 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, except as provided in 
     paragraph (2)(C).
       ``(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 and 
     feasible.
       ``(C) Family court case retention.--If the full term of a 
     Family Court judge to whom the action or proceeding is 
     assigned is completed 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.
       ``(D) Exception.--A judge whose full term on the Family 
     Court is completed but who remains in Superior Court may 
     retain the case or proceeding for not more than 18 months 
     after ceasing to serve if--
       ``(i) the case remains at all times in full compliance with 
     section 103(a)(3) of Public Law 105-89 (42 U.S.C. 675(E)), if 
     applicable, and the case has been assigned continuously to 
     the judge for 18 months or more and the judge has a special 
     knowledge of the child's needs, such that reassignment would 
     be harmful to the child; and
       ``(ii) the chief judge, in consultation with the presiding 
     judge of the Family Court determines that 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 chief judge, in consultation with 
     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 and other judges of 
     the Superior Court who are assigned Family Court cases, 
     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 
     chief judge and 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 Family Court, and that the 
     Family 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;

[[Page S13315]]

       ``(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) Onsite 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 Family Court 
     regarding the services available from the District government 
     to the individuals and families served by the Family 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 Family Court 
     met deadlines and standards applicable under Federal and 
     District of Columbia law to the review and disposition of 
     actions and proceedings under the Family 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 Family Court from carrying out its responsibilities in 
     the most effective manner possible.
       ``(6) Information on--
       ``(A) the number of judges serving on the Family Court as 
     of the end of the year;
       ``(B) how long each such judge has served on the Family 
     Court;
       ``(C) the number of cases retained outside the Family 
     Court;
       ``(D) the number of reassignments to and from the Family 
     Court; and
       ``(E) the ability to recruit qualified sitting judges to 
     serve on the Family Court.
       ``(7) Based on outcome measures derived through the use of 
     the information stored in electronic format under section 11-
     1104(d), an analysis of the Family Court's efficiency and 
     effectiveness in managing its case load during the year, 
     including an analysis of the time required to dispose of 
     actions and proceedings among the various categories of the 
     Family 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.
       ``(8) If the Family 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.''.
       (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.--Section 16-924, District of 
     Columbia Code, is amended--
       (A) by striking ``hearing commissioner'' each place it 
     appears and inserting ``magistrate judge''; and
       (B) 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 and the Domestic 
       Violence Unit

       ``(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 or assigned 
     to handle Family Court cases 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 as a lawyer or judicial 
     officer; 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

[[Page S13316]]

     Counties in Maryland, Arlington and Fairfax Counties, and the 
     City of Alexandria in Virginia, has maintained an actual 
     place of abode in such area, areas, or the District of 
     Columbia 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 of Family Court and Domestic Violence Unit 
     Magistrates.--A magistrate judge, when specifically 
     designated by the chief judge in consultation with the 
     presiding judge to serve in the Family Court or in the 
     Domestic Violence Unit 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 and the Domestic Violence 
     Unit 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 chief judge, in consultation with the 
     presiding judge of 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 or the Domestic Violence Unit 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 or the Domestic Violence Unit 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 or the Domestic Violence 
     Unit of the Superior Court, by a judge of the Family Court or 
     the Domestic Violence Unit)''.
       (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 or the Domestic Violence Unit)''.
       (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:

``11-1732A. Special rules for magistrate judges of the Family Court of 
              the Superior Court and the Domestic Violence Unit.''.
       (d) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on the date of enactment of this Act.
       (2) Expedited initial appointments.--
       (A) In general.--Not later than 60 days after the date of 
     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) Transition responsibilities of initially appointed 
     family court magistrates.--The chief judge of the Superior 
     Court and the presiding judge of the Family Division of the 
     Superior Court (acting jointly) shall first assign the 
     magistrate judges of Family Court appointed under this 
     paragraph to work with judges to whom the cases are currently 
     assigned in making case disposition or transfer decisions 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 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 
     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, support, and 
     improve 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 this Act shall take effect upon the 
     initial appropriation of funds specifically designated by 
     Federal law for purposes of carrying out this Act.


                           Amendment No. 2610

  Mr. DASCHLE. Mr. President, Senators Lieberman and Thompson have an 
amendment at the desk, and I ask for its consideration; that the 
amendment be agreed to, the motion to reconsider be laid upon the 
table, that the committee substitute, as amended, be agreed to, the 
bill, as amended, be read three times, passed, and the motion to 
reconsider be laid upon the table, with no further intervening action 
or debate, and that any statements relating thereto be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2610) was agreed to.
  (The amendment is printed in today's Record under ``Amendments 
Submitted and Proposed.'')
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (H.R. 2657), as amended, was passed.
  Mr. DeWINE. Mr. President, I rise today to thank my colleagues for 
supporting and passing the ``District of Columbia Family Court Act of 
2001,'' which my friend and colleague, Senator Landrieu, and I 
introduced earlier this summer. Our bill 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 is a good 
bill, an important bill. It will have a significant impact on children 
and families throughout the District of Columbia.
  Just last week, by passing the fiscal year 2002 District of Columbia 
Appropriations bill, the Senate took a major step toward fundamentally 
changing the direction of what we are doing in the District regarding 
its child welfare system. Passage of that bill, while significant, was 
just the beginning of our work, not the end. As Chair and Ranking 
Member of the District of Columbia Appropriations Subcommittee, Senator 
Landrieu and I made sure that the appropriations bill made a sizeable 
and sound investment in the District's court system. However, the bill 
we are passing today, through the creation of a new family court 
structure, actually outlines the essential, institutional changes 
necessary to achieve long-term reform and improvement in the District's 
ability to protect its children.
  We need fundamental reforms, because, quite frankly, the District's 
child welfare system is a mess. This is nothing new. We have seen 
articles repeatedly in the Washington Post, that paint a very 
disturbing picture of the kinds of atrocities that children in the 
District of Columbia court system have faced. For example, a recent 
Post series outlined multiple mistakes made by the District of Columbia 
Government by placing children in unsafe homes or institutions. 
Unfortunately, these same mistakes occur in the child welfare system 
throughout our country. Here in Washington, though, these

[[Page S13317]]

mistakes resulted in over 180 deaths of children in foster care since 
1993, 40 of whom died as a direct result of government workers' failure 
to take key preventative actions or because they placed children in 
unsafe homes or institutions.
  Again just last week, the Post ran a story about deficiencies in 
District's child services. According to this story, ``nearly 80 percent 
of the District's child abuse complaints were not investigated within 
30 days and close to two-thirds of foster homes housing city children 
were unlicensed this year,'' a study reported. The article continues: 
``Among the reports' findings, 30 percent of the children under 
District care were not visited by social workers during their first 8 
weeks in foster care. Thirty-seven percent of child neglect complaints 
were not investigated within 30 days after they came into the city's 
hotline. Abuse and neglect cases are required to be investigated within 
a 30-day period.''
  Stories like this, have been running for years in the District of 
Columbia. What is happening here in America's capital, is a national 
tragedy. I realize that no child welfare system is perfect. Each one of 
us representing our respective States has seen problems in our home 
States, but what we see in the District of Columbia is an absolute 
outright scandal.
  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 District of Columbia's foster 
children. In March, we laid the groundwork for a District of Columbia 
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 
District of Columbia Superior Court Judges.
  The bill we are now passing today includes a number of important 
reforms that would ensure that the judicial system protects the 
children of the District. First, it increases the length of judicial 
terms for judges from 1 year for judges already presiding over the 
Superior Court to 3 years. New judges appointed to the Superior Court 
and then assigned to the Family Court will have 5-year terms. This 
change enables judges to develop an expertise in Family Law.
  Second, our bill creates magistrates so that the current backlog of 
4,500 permanency cases can be properly and adequately addressed. These 
magistrates will 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 will enable the court to track and 
properly monitor family cases and will 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 will ensure that the same 
judge, a judge who knows the history of a family and the child, will 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 will help provide consistency through the One-
Judge/One-Family provision. It will help increase safety and security, 
and it will help instill 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.
  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 huge 
step forward on their behalf.

                          ____________________