[106th Congress Public Law 314]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ314.106]
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STRENGTHENING ABUSE AND NEGLECT COURTS ACT OF 2000
[[Page 114 STAT. 1266]]
Public Law 106-314
106th Congress
An Act
To improve the administrative efficiency and effectiveness of the
Nation's abuse and neglect courts and for other purposes consistent with
the Adoption and Safe Families Act of 1997. <<NOTE: Oct. 17, 2000 - [S.
2272]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Strengthening Abuse and
Neglect Courts Act of 2000. Inter- governmental relations.>> assembled,
SECTION 1. <<NOTE: 42 USC 670 note.>> SHORT TITLE.
This Act may be cited as the ``Strengthening Abuse and Neglect
Courts Act of 2000''.
SEC. 2. <<NOTE: 42 USC 670 note.>> FINDINGS.
Congress finds the following:
(1) Under both Federal and State law, the courts play a
crucial and essential role in the Nation's child welfare system
and in ensuring safety, stability, and permanence for abused and
neglected children under the supervision of that system.
(2) The Adoption and Safe Families Act of 1997 (Public Law
105-89; 111 Stat. 2115) establishes explicitly for the first
time in Federal law that a child's health and safety must be the
paramount consideration when any decision is made regarding a
child in the Nation's child welfare system.
(3) The Adoption and Safe Families Act of 1997 promotes
stability and permanence for abused and neglected children by
requiring timely decisionmaking in proceedings to determine
whether children can safely return to their families or whether
they should be moved into safe and stable adoptive homes or
other permanent family arrangements outside the foster care
system.
(4) To avoid unnecessary and lengthy stays in the foster
care system, the Adoption and Safe Families Act of 1997
specifically requires, among other things, that States move to
terminate the parental rights of the parents of those children
who have been in foster care for 15 of the last 22 months.
(5) While essential to protect children and to carry out the
general purposes of the Adoption and Safe Families Act of 1997,
the accelerated timelines for the termination of parental rights
and the other requirements imposed under that Act increase the
pressure on the Nation's already overburdened abuse and neglect
courts.
(6) The administrative efficiency and effectiveness of the
Nation's abuse and neglect courts would be substantially
improved by the acquisition and implementation of computerized
case-tracking systems to identify and eliminate existing
backlogs, to move abuse and neglect caseloads forward in a
[[Page 114 STAT. 1267]]
timely manner, and to move children into safe and stable
families. Such systems could also be used to evaluate the
effectiveness of such courts in meeting the purposes of the
amendments made by, and provisions of, the Adoption and Safe
Families Act of 1997.
(7) The administrative efficiency and effectiveness of the
Nation's abuse and neglect courts would also be improved by the
identification and implementation of projects designed to
eliminate the backlog of abuse and neglect cases, including the
temporary hiring of additional judges, extension of court hours,
and other projects designed to reduce existing caseloads.
(8) The administrative efficiency and effectiveness of the
Nation's abuse and neglect courts would be further strengthened
by improving the quality and availability of training for
judges, court personnel, agency attorneys, guardians ad litem,
volunteers who participate in court-appointed special advocate
(CASA) programs, and attorneys who represent the children and
the parents of children in abuse and neglect proceedings.
(9) While recognizing that abuse and neglect courts in this
country are already committed to the quality administration of
justice, the performance of such courts would be even further
enhanced by the development of models and educational
opportunities that reinforce court projects that have already
been developed, including models for case-flow procedures, case
management, representation of children, automated interagency
interfaces, and ``best practices'' standards.
(10) Judges, magistrates, commissioners, and other judicial
officers play a central and vital role in ensuring that
proceedings in our Nation's abuse and neglect courts are run
efficiently and effectively. The performance of those
individuals in such courts can only be further enhanced by
training, seminars, and an ongoing opportunity to exchange ideas
with their peers.
(11) Volunteers who participate in court-appointed special
advocate (CASA) programs play a vital role as the eyes and ears
of abuse and neglect courts in proceedings conducted by, or
under the supervision of, such courts and also bring increased
public scrutiny of the abuse and neglect court system. The
Nation's abuse and neglect courts would benefit from an
expansion of this program to currently underserved communities.
(12) Improved computerized case-tracking systems,
comprehensive training, and development of, and education on,
model abuse and neglect court systems, particularly with respect
to underserved areas, would significantly further the purposes
of the Adoption and Safe Families Act of 1997 by reducing the
average length of an abused and neglected child's stay in foster
care, improving the quality of decision-making and court
services provided to children and families, and increasing the
number of adoptions.
SEC. 3. <<NOTE: 42 USC 670 note.>> DEFINITIONS.
In this Act:
(1) Abuse and neglect courts.--The term ``abuse and neglect
courts'' means the State and local courts that carry out State
or local laws requiring proceedings (conducted by or under the
supervision of the courts)--
[[Page 114 STAT. 1268]]
(A) that implement part B and part E of title IV of
the Social Security Act (42 U.S.C. 620 et seq.; 670 et
seq.) (including preliminary disposition of such
proceedings);
(B) that determine whether a child was abused or
neglected;
(C) that determine the advisability or
appropriateness of placement in a family foster home,
group home, or a special residential care facility; or
(D) that determine any other legal disposition of a
child in the abuse and neglect court system.
(2) Agency attorney.--The term ``agency attorney'' means an
attorney or other individual, including any government attorney,
district attorney, attorney general, State attorney, county
attorney, city solicitor or attorney, corporation counsel, or
privately retained special prosecutor, who represents the State
or local agency administrating the programs under parts B and E
of title IV of the Social Security Act (42 U.S.C. 620 et seq.;
670 et seq.) in a proceeding conducted by, or under the
supervision of, an abuse and neglect court, including a
proceeding for termination of parental rights.
SEC. 4. <<NOTE: 42 USC 670 note.>> GRANTS TO STATE COURTS AND
LOCAL COURTS TO AUTOMATE THE DATA COLLECTION
AND TRACKING OF PROCEEDINGS IN ABUSE AND
NEGLECT COURTS.
(a) Authority To Award Grants.--
(1) In general.--Subject to paragraph (2), the Attorney
General, acting through the Office of Juvenile Justice and
Delinquency Prevention of the Office of Justice Programs, shall
award grants in accordance with this section to State courts and
local courts for the purposes of--
(A) enabling such courts to develop and implement
automated data collection and case-tracking systems for
proceedings conducted by, or under the supervision of,
an abuse and neglect court;
(B) encouraging the replication of such systems in
abuse and neglect courts in other jurisdictions; and
(C) requiring the use of such systems to evaluate a
court's performance in implementing the requirements of
parts B and E of title IV of the Social Security Act (42
U.S.C. 620 et seq.; 670 et seq.).
(2) Limitations.--
(A) Number of grants.--Not less than 20 nor more
than 50 grants may be awarded under this section.
(B) Per state limitation.--Not more than 2 grants
authorized under this section may be awarded per State.
(C) Use of grants.--Funds provided under a grant
made under this section may only be used for the purpose
of developing, implementing, or enhancing automated data
collection and case-tracking systems for proceedings
conducted by, or under the supervision of, an abuse and
neglect court.
(b) Application.--
(1) In general.--A State court or local court may submit an
application for a grant authorized under this section at such
time and in such manner as the Attorney General may determine.
[[Page 114 STAT. 1269]]
(2) Information required.--An application for a grant
authorized under this section shall contain the following:
(A) A description of a proposed plan for the
development, implementation, and maintenance of an
automated data collection and case-tracking system for
proceedings conducted by, or under the supervision of,
an abuse and neglect court, including a proposed budget
for the plan and a request for a specific funding
amount.
(B) A description of the extent to which such plan
and system are able to be replicated in abuse and
neglect courts of other jurisdictions that specifies the
common case-tracking data elements of the proposed
system, including, at a minimum--
(i) identification of relevant judges, court,
and agency personnel;
(ii) records of all court proceedings with
regard to the abuse and neglect case, including
all court findings and orders (oral and written);
and
(iii) relevant information about the subject
child, including family information and the reason
for court supervision.
(C) In the case of an application submitted by a
local court, a description of how the plan to implement
the proposed system was developed in consultation with
related State courts, particularly with regard to a
State court improvement plan funded under section 13712
of the Omnibus Budget Reconciliation Act of 1993 (42
U.S.C. 670 note) if there is such a plan in the State.
(D) In the case of an application that is submitted
by a State court, a description of how the proposed
system will integrate with a State court improvement
plan funded under section 13712 of such Act if there is
such a plan in the State.
(E) After consultation with the State agency
responsible for the administration of parts B and E of
title IV of the Social Security Act (42 U.S.C. 620 et
seq.; 670 et seq.)--
(i) a description of the coordination of the
proposed system with other child welfare data
collection systems, including the statewide
automated child welfare information system
(SACWIS) and the adoption and foster care analysis
and reporting system (AFCARS) established pursuant
to section 479 of the Social Security Act (42
U.S.C. 679); and
(ii) an assurance that such coordination will
be implemented and maintained.
(F) Identification of an independent third party
that will conduct ongoing evaluations of the feasibility
and implementation of the plan and system and a
description of the plan for conducting such evaluations.
(G) A description or identification of a proposed
funding source for completion of the plan (if
applicable) and maintenance of the system after the
conclusion of the period for which the grant is to be
awarded.
(H) An assurance that any contract entered into
between the State court or local court and any other
entity
[[Page 114 STAT. 1270]]
that is to provide services for the development,
implementation, or maintenance of the system under the
proposed plan will require the entity to agree to allow
for replication of the services provided, the plan, and
the system, and to refrain from asserting any
proprietary interest in such services for purposes of
allowing the plan and system to be replicated in another
jurisdiction.
(I) An assurance that the system established under
the plan will provide data that allows for evaluation
(at least on an annual basis) of the following
information:
(i) The total number of cases that are filed
in the abuse and neglect court.
(ii) The number of cases assigned to each
judge who presides over the abuse and neglect
court.
(iii) The average length of stay of children
in foster care.
(iv) With respect to each child under the
jurisdiction of the court--
(I) the number of episodes of
placement in foster care;
(II) the number of days placed in
foster care and the type of placement
(foster family home, group home, or
special residential care facility);
(III) the number of days of in-home
supervision; and
(IV) the number of separate foster
care placements.
(v) The number of adoptions, guardianships, or
other permanent dispositions finalized.
(vi) The number of terminations of parental
rights.
(vii) The number of child abuse and neglect
proceedings closed that had been pending for 2 or
more years.
(viii) With respect to each proceeding
conducted by, or under the supervision of, an
abuse and neglect court--
(I) the timeliness of each stage of
the proceeding from initial filing
through legal finalization of a
permanency plan (for both contested and
uncontested hearings);
(II) the number of adjournments,
delays, and continuances occurring
during the proceeding, including
identification of the party requesting
each adjournment, delay, or continuance
and the reasons given for the request;
(III) the number of courts that
conduct or supervise the proceeding for
the duration of the abuse and neglect
case;
(IV) the number of judges assigned
to the proceeding for the duration of
the abuse and neglect case; and
(V) the number of agency attorneys,
children's attorneys, parent's
attorneys, guardians ad litem, and
volunteers participating in a court-
appointed special advocate (CASA)
program assigned to the proceeding
during the duration of the abuse and
neglect case.
[[Page 114 STAT. 1271]]
(J) A description of how the proposed system will
reduce the need for paper files and ensure prompt action
so that cases are appropriately listed with national and
regional adoption exchanges, and public and private
adoption services.
(K) An assurance that the data collected in
accordance with subparagraph (I) will be made available
to relevant Federal, State, and local government
agencies and to the public.
(L) An assurance that the proposed system is
consistent with other civil and criminal information
requirements of the Federal Government.
(M) An assurance that the proposed system will
provide notice of timeframes required under the Adoption
and Safe Families Act of 1997 (Public Law 105-89; 111
Stat. 2115) for individual cases to ensure prompt
attention and compliance with such requirements.
(c) Conditions for Approval of Applications.--
(1) Matching requirement.--
(A) In general.--A State court or local court
awarded a grant under this section shall expend $1 for
every $3 awarded under the grant to carry out the
development, implementation, and maintenance of the
automated data collection and case-tracking system under
the proposed plan.
(B) Waiver for hardship.--The Attorney General may
waive or modify the matching requirement described in
subparagraph (A) in the case of any State court or local
court that the Attorney General determines would suffer
undue hardship as a result of being subject to the
requirement.
(C) Non-federal expenditures.--
(i) Cash or in kind.--State court or local
court expenditures required under subparagraph (A)
may be in cash or in kind, fairly evaluated,
including plant, equipment, or services.
(ii) No credit for pre-award expenditures.--
Only State court or local court expenditures made
after a grant has been awarded under this section
may be counted for purposes of determining whether
the State court or local court has satisfied the
matching expenditure requirement under
subparagraph (A).
(2) Notification to state or appropriate child welfare
agency.--No application for a grant authorized under this
section may be approved unless the State court or local court
submitting the application demonstrates to the satisfaction of
the Attorney General that the court has provided the State, in
the case of a State court, or the appropriate child welfare
agency, in the case of a local court, with notice of the
contents and submission of the application.
(3) Considerations.--In evaluating an application for a
grant under this section the Attorney General shall consider the
following:
(A) The extent to which the system proposed in the
application may be replicated in other jurisdictions.
(B) The extent to which the proposed system is
consistent with the provisions of, and amendments made
by,
[[Page 114 STAT. 1272]]
the Adoption and Safe Families Act of 1997 (Public Law
105-89; 111 Stat. 2115), and parts B and E of title IV
of the Social Security Act (42 U.S.C. 620 et seq.; 670
et seq.).
(C) The extent to which the proposed system is
feasible and likely to achieve the purposes described in
subsection (a)(1).
(4) Diversity of awards.--The Attorney General shall award
grants under this section in a manner that results in a
reasonable balance among grants awarded to State courts and
grants awarded to local courts, grants awarded to courts located
in urban areas and courts located in rural areas, and grants
awarded in diverse geographical locations.
(d) Length of Awards.--No grant may be awarded under this section
for a period of more than 5 years.
(e) Availability of Funds.--Funds provided to a State court or local
court under a grant awarded under this section shall remain available
until expended without fiscal year limitation.
(f) Reports.--
(1) Annual report from grantees.--Each State court or local
court that is awarded a grant under this section shall submit an
annual report to the Attorney General that contains--
(A) a description of the ongoing results of the
independent evaluation of the plan for, and
implementation of, the automated data collection and
case-tracking system funded under the grant; and
(B) the information described in subsection
(b)(2)(I).
(2) Interim and final reports from attorney general.--
(A) Interim <<NOTE: Effective date.>> reports.--
Beginning 2 years after the date of enactment of this
Act, and biannually thereafter until a final report is
submitted in accordance with subparagraph (B), the
Attorney General shall submit to Congress interim
reports on the grants made under this section.
(B) Final <<NOTE: Termination date.>> report.--Not
later than 90 days after the termination of all grants
awarded under this section, the Attorney General shall
submit to Congress a final report evaluating the
automated data collection and case-tracking systems
funded under such grants and identifying successful
models of such systems that are suitable for replication
in other jurisdictions. The Attorney General shall
ensure that a copy of such final report is transmitted
to the highest State court in each State.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000 for the period of
fiscal years 2001 through 2005.
SEC. 5. <<NOTE: 42 USC 670 note.>> GRANTS TO REDUCE PENDING
BACKLOGS OF ABUSE AND NEGLECT CASES TO PROMOTE
PERMANENCY FOR ABUSED AND NEGLECTED CHILDREN.
(a) Authority To Award Grants.--The Attorney General, acting through
the Office of Juvenile Justice and Delinquency Prevention of the Office
of Justice Programs and in collaboration with the Secretary of Health
and Human Services, shall award
[[Page 114 STAT. 1273]]
grants in accordance with this section to State courts and local courts
for the purposes of--
(1) promoting the permanency goals established in the
Adoption and Safe Families Act of 1997 (Public Law 105-89; 111
Stat. 2115); and
(2) enabling such courts to reduce existing backlogs of
cases pending in abuse and neglect courts, especially with
respect to cases to terminate parental rights and cases in which
parental rights to a child have been terminated but an adoption
of the child has not yet been finalized.
(b) Application.--A State court or local court shall submit an
application for a grant under this section, in such form and manner as
the Attorney General shall require, that contains a description of the
following:
(1) The barriers to achieving the permanency goals
established in the Adoption and Safe Families Act of 1997 that
have been identified.
(2) The size and nature of the backlogs of children awaiting
termination of parental rights or finalization of adoption.
(3) The strategies the State court or local court proposes
to use to reduce such backlogs and the plan and timetable for
doing so.
(4) How the grant funds requested will be used to assist the
implementation of the strategies described in paragraph (3).
(c) Use of Funds.--Funds provided under a grant awarded under this
section may be used for any purpose that the Attorney General determines
is likely to successfully achieve the purposes described in subsection
(a), including temporarily--
(1) establishing night court sessions for abuse and neglect
courts;
(2) hiring additional judges, magistrates, commissioners,
hearing officers, referees, special masters, and other judicial
personnel for such courts;
(3) hiring personnel such as clerks, administrative support
staff, case managers, mediators, and attorneys for such courts;
or
(4) extending the operating hours of such courts.
(d) Number of Grants.--Not less than 15 nor more than 20 grants
shall be awarded under this section.
(e) Availability of Funds.--Funds awarded under a grant made under
this section shall remain available for expenditure by a grantee for a
period not to exceed 3 years from the date of the grant award.
(f) Report <<NOTE: Deadline.>> on Use of Funds.--Not later than the
date that is halfway through the period for which a grant is awarded
under this section, and 90 days after the end of such period, a State
court or local court awarded a grant under this section shall submit a
report to the Attorney General that includes the following:
(1) The barriers to the permanency goals established in the
Adoption and Safe Families Act of 1997 that are or have been
addressed with grant funds.
(2) The nature of the backlogs of children that were pursued
with grant funds.
(3) The specific strategies used to reduce such backlogs.
(4) The progress that has been made in reducing such
backlogs, including the number of children in such backlogs--
[[Page 114 STAT. 1274]]
(A) whose parental rights have been terminated; and
(B) whose adoptions have been finalized.
(5) Any additional information that the Attorney General
determines would assist jurisdictions in achieving the
permanency goals established in the Adoption and Safe Families
Act of 1997.
(g) Authorization of Appropriations.--There are authorized to be
appropriated for the period of fiscal years 2001 and 2002 $10,000,000
for the purpose of making grants under this section.
SEC. 6. <<NOTE: 42 USC 670 note.>> GRANTS TO EXPAND THE COURT-
APPOINTED SPECIAL ADVOCATE PROGRAM IN
UNDERSERVED AREAS.
(a) Grants To Expand CASA Programs in Underserved Areas.--The
Administrator of the Office of Juvenile Justice and Delinquency
Prevention of the Department of Justice shall make a grant to the
National Court-Appointed Special Advocate Association for the purposes
of--
(1) expanding the recruitment of, and building the capacity
of, court-appointed special advocate programs located in the 15
largest urban areas;
(2) developing regional, multijurisdictional court-appointed
special advocate programs serving rural areas; and
(3) providing training and supervision of volunteers in
court-appointed special advocate programs.
(b) Limitation on Administrative Expenditures.--Not more than 5
percent of the grant made under this subsection may be used for
administrative expenditures.
(c) Determination of Urban and Rural Areas.--For purposes of
administering the grant authorized under this subsection, the
Administrator of the Office of Juvenile Justice and Delinquency
Prevention of the Department of Justice shall determine whether an area
is one of the 15 largest urban areas or a rural area in accordance with
the practices of, and statistical information compiled by, the Bureau of
the Census.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to make the grant authorized under this section, $5,000,000
for the period of fiscal years 2001 and 2002.
Approved October 17, 2000.
LEGISLATIVE HISTORY--S. 2272:
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CONGRESSIONAL RECORD, Vol. 146 (2000):
Sept. 26, considered and passed Senate.
Oct. 3, considered and passed House.
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