[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2272 Enrolled Bill (ENR)]
S.2272
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

9a81460fad74cde0af91ffd2d84188c4e52ddcda35182e19e1152610459d8be3

This Act may be cited as the ``Strengthening Abuse and Neglect
Courts Act of 2000''.

7a87684e5d18abe8134a3781e503f6031f7f2b54529003c872bb5880bc16d76e

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 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.

d3244cb3fa6139d1f76f7c7df7063cc78e760d99b45345831b1f04f6d2022ef0

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)--
(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.

501851606637d82e8ee1cd3ea30dc70356dda26af296e8c55d09437cad897488

COLLECTION AND TRACKING OF PROCEEDINGS IN ABUSE AND NEGLECT COURTS.
(a) Authority To Award Grants.--
(1) In general.--Subject to paragraph (2), the Attorney
General, acting through the Office of Juvenile Justice and
Delinquency Prevention of the Office of Justice Programs, shall
award grants in accordance with this section to State courts and
local courts for the purposes of--
(A) enabling such courts to develop and implement automated
data collection and case-tracking systems for proceedings
conducted by, or under the supervision of, an abuse and neglect
court;
(B) encouraging the replication of such systems in abuse
and neglect courts in other jurisdictions; and
(C) requiring the use of such systems to evaluate a court's
performance in implementing the requirements of parts B and E
of title IV of the Social Security Act (42 U.S.C. 620 et seq.;
670 et seq.).
(2) Limitations.--
(A) Number of grants.--Not less than 20 nor more than 50
grants may be awarded under this section.
(B) Per state limitation.--Not more than 2 grants
authorized under this section may be awarded per State.
(C) Use of grants.--Funds provided under a grant made under
this section may only be used for the purpose of developing,
implementing, or enhancing automated data collection and case-
tracking systems for proceedings conducted by, or under the
supervision of, an abuse and neglect court.
(b) Application.--
(1) In general.--A State court or local court may submit an
application for a grant authorized under this section at such time
and in such manner as the Attorney General may determine.
(2) Information required.--An application for a grant
authorized under this section shall contain the following:
(A) A description of a proposed plan for the development,
implementation, and maintenance of an automated data collection
and case-tracking system for proceedings conducted by, or under
the supervision of, an abuse and neglect court, including a
proposed budget for the plan and a request for a specific
funding amount.
(B) A description of the extent to which such plan and
system are able to be replicated in abuse and neglect courts of
other jurisdictions that specifies the common case-tracking
data elements of the proposed system, including, at a minimum--
(i) identification of relevant judges, court, and
agency personnel;
(ii) records of all court proceedings with regard to
the abuse and neglect case, including all court findings
and orders (oral and written); and
(iii) relevant information about the subject child,
including family information and the reason for court
supervision.
(C) In the case of an application submitted by a local
court, a description of how the plan to implement the proposed
system was developed in consultation with related State courts,
particularly with regard to a State court improvement plan
funded under section 13712 of the Omnibus Budget Reconciliation
Act of 1993 (42 U.S.C. 670 note) if there is such a plan in the
State.
(D) In the case of an application that is submitted by a
State court, a description of how the proposed system will
integrate with a State court improvement plan funded under
section 13712 of such Act if there is such a plan in the State.
(E) After consultation with the State agency responsible
for the administration of parts B and E of title IV of the
Social Security Act (42 U.S.C. 620 et seq.; 670 et seq.)--
(i) a description of the coordination of the proposed
system with other child welfare data collection systems,
including the statewide automated child welfare information
system (SACWIS) and the adoption and foster care analysis
and reporting system (AFCARS) established pursuant to
section 479 of the Social Security Act (42 U.S.C. 679); and
(ii) an assurance that such coordination will be
implemented and maintained.
(F) Identification of an independent third party that will
conduct ongoing evaluations of the feasibility and
implementation of the plan and system and a description of the
plan for conducting such evaluations.
(G) A description or identification of a proposed funding
source for completion of the plan (if applicable) and
maintenance of the system after the conclusion of the period
for which the grant is to be awarded.
(H) An assurance that any contract entered into between the
State court or local court and any other entity that is to
provide services for the development, implementation, or
maintenance of the system under the proposed plan will require
the entity to agree to allow for replication of the services
provided, the plan, and the system, and to refrain from
asserting any proprietary interest in such services for
purposes of allowing the plan and system to be replicated in
another jurisdiction.
(I) An assurance that the system established under the plan
will provide data that allows for evaluation (at least on an
annual basis) of the following information:
(i) The total number of cases that are filed in the
abuse and neglect court.
(ii) The number of cases assigned to each judge who
presides over the abuse and neglect court.
(iii) The average length of stay of children in foster
care.
(iv) With respect to each child under the jurisdiction
of the court--
(I) the number of episodes of placement in foster
care;
(II) the number of days placed in foster care and
the type of placement (foster family home, group home,
or special residential care facility);
(III) the number of days of in-home supervision;
and
(IV) the number of separate foster care placements.
(v) The number of adoptions, guardianships, or other
permanent dispositions finalized.
(vi) The number of terminations of parental rights.
(vii) The number of child abuse and neglect proceedings
closed that had been pending for 2 or more years.
(viii) With respect to each proceeding conducted by, or
under the supervision of, an abuse and neglect court--
(I) the timeliness of each stage of the proceeding
from initial filing through legal finalization of a
permanency plan (for both contested and uncontested
hearings);
(II) the number of adjournments, delays, and
continuances occurring during the proceeding, including
identification of the party requesting each
adjournment, delay, or continuance and the reasons
given for the request;
(III) the number of courts that conduct or
supervise the proceeding for the duration of the abuse
and neglect case;
(IV) the number of judges assigned to the
proceeding for the duration of the abuse and neglect
case; and
(V) the number of agency attorneys, children's
attorneys, parent's attorneys, guardians ad litem, and
volunteers participating in a court-appointed special
advocate (CASA) program assigned to the proceeding
during the duration of the abuse and neglect case.
(J) A description of how the proposed system will reduce
the need for paper files and ensure prompt action so that cases
are appropriately listed with national and regional adoption
exchanges, and public and private adoption services.
(K) An assurance that the data collected in accordance with
subparagraph (I) will be made available to relevant Federal,
State, and local government agencies and to the public.
(L) An assurance that the proposed system is consistent
with other civil and criminal information requirements of the
Federal Government.
(M) An assurance that the proposed system will provide
notice of timeframes required under the Adoption and Safe
Families Act of 1997 (Public Law 105-89; 111 Stat. 2115) for
individual cases to ensure prompt attention and compliance with
such requirements.
(c) Conditions for Approval of Applications.--
(1) Matching requirement.--
(A) In general.--A State court or local court awarded a
grant under this section shall expend $1 for every $3 awarded
under the grant to carry out the development, implementation,
and maintenance of the automated data collection and case-
tracking system under the proposed plan.
(B) Waiver for hardship.--The Attorney General may waive or
modify the matching requirement described in subparagraph (A)
in the case of any State court or local court that the Attorney
General determines would suffer undue hardship as a result of
being subject to the requirement.
(C) Non-federal expenditures.--
(i) Cash or in kind.--State court or local court
expenditures required under subparagraph (A) may be in cash
or in kind, fairly evaluated, including plant, equipment,
or services.
(ii) No credit for pre-award expenditures.--Only State
court or local court expenditures made after a grant has
been awarded under this section may be counted for purposes
of determining whether the State court or local court has
satisfied the matching expenditure requirement under
subparagraph (A).
(2) Notification to state or appropriate child welfare
agency.--No application for a grant authorized under this section
may be approved unless the State court or local court submitting
the application demonstrates to the satisfaction of the Attorney
General that the court has provided the State, in the case of a
State court, or the appropriate child welfare agency, in the case
of a local court, with notice of the contents and submission of the
application.
(3) Considerations.--In evaluating an application for a grant
under this section the Attorney General shall consider the
following:
(A) The extent to which the system proposed in the
application may be replicated in other jurisdictions.
(B) The extent to which the proposed system is consistent
with the provisions of, and amendments made by, the Adoption
and Safe Families Act of 1997 (Public Law 105-89; 111 Stat.
2115), and parts B and E of title IV of the Social Security Act
(42 U.S.C. 620 et seq.; 670 et seq.).
(C) The extent to which the proposed system is feasible and
likely to achieve the purposes described in subsection (a)(1).
(4) Diversity of awards.--The Attorney General shall award
grants under this section in a manner that results in a reasonable
balance among grants awarded to State courts and grants awarded to
local courts, grants awarded to courts located in urban areas and
courts located in rural areas, and grants awarded in diverse
geographical locations.
(d) Length of Awards.--No grant may be awarded under this section
for a period of more than 5 years.
(e) Availability of Funds.--Funds provided to a State court or
local court under a grant awarded under this section shall remain
available until expended without fiscal year limitation.
(f) Reports.--
(1) Annual report from grantees.--Each State court or local
court that is awarded a grant under this section shall submit an
annual report to the Attorney General that contains--
(A) a description of the ongoing results of the independent
evaluation of the plan for, and implementation of, the
automated data collection and case-tracking system funded under
the grant; and
(B) the information described in subsection (b)(2)(I).
(2) Interim and final reports from attorney general.--
(A) Interim reports.--Beginning 2 years after the date of
enactment of this Act, and biannually thereafter until a final
report is submitted in accordance with subparagraph (B), the
Attorney General shall submit to Congress interim reports on
the grants made under this section.
(B) Final report.--Not later than 90 days after the
termination of all grants awarded under this section, the
Attorney General shall submit to Congress a final report
evaluating the automated data collection and case-tracking
systems funded under such grants and identifying successful
models of such systems that are suitable for replication in
other jurisdictions. The Attorney General shall ensure that a
copy of such final report is transmitted to the highest State
court in each State.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000 for the period of
fiscal years 2001 through 2005.

266bb284f8777a35c783cd527546387ce20d4a73b27c1bb6b93435170d17ed7d

PROMOTE PERMANENCY FOR ABUSED AND NEGLECTED CHILDREN.
(a) Authority To Award Grants.--The Attorney General, acting
through the Office of Juvenile Justice and Delinquency Prevention of
the Office of Justice Programs and in collaboration with the Secretary
of Health and Human Services, shall award grants in accordance with
this section to State courts and local courts for the purposes of--
(1) promoting the permanency goals established in the Adoption
and Safe Families Act of 1997 (Public Law 105-89; 111 Stat. 2115);
and
(2) enabling such courts to reduce existing backlogs of cases
pending in abuse and neglect courts, especially with respect to
cases to terminate parental rights and cases in which parental
rights to a child have been terminated but an adoption of the child
has not yet been finalized.
(b) Application.--A State court or local court shall submit an
application for a grant under this section, in such form and manner as
the Attorney General shall require, that contains a description of the
following:
(1) The barriers to achieving the permanency goals established
in the Adoption and Safe Families Act of 1997 that have been
identified.
(2) The size and nature of the backlogs of children awaiting
termination of parental rights or finalization of adoption.
(3) The strategies the State court or local court proposes to
use to reduce such backlogs and the plan and timetable for doing
so.
(4) How the grant funds requested will be used to assist the
implementation of the strategies described in paragraph (3).
(c) Use of Funds.--Funds provided under a grant awarded under this
section may be used for any purpose that the Attorney General
determines is likely to successfully achieve the purposes described in
subsection (a), including temporarily--
(1) establishing night court sessions for abuse and neglect
courts;
(2) hiring additional judges, magistrates, commissioners,
hearing officers, referees, special masters, and other judicial
personnel for such courts;
(3) hiring personnel such as clerks, administrative support
staff, case managers, mediators, and attorneys for such courts; or
(4) extending the operating hours of such courts.
(d) Number of Grants.--Not less than 15 nor more than 20 grants
shall be awarded under this section.
(e) Availability of Funds.--Funds awarded under a grant made under
this section shall remain available for expenditure by a grantee for a
period not to exceed 3 years from the date of the grant award.
(f) Report on Use of Funds.--Not later than the date that is
halfway through the period for which a grant is awarded under this
section, and 90 days after the end of such period, a State court or
local court awarded a grant under this section shall submit a report to
the Attorney General that includes the following:
(1) The barriers to the permanency goals established in the
Adoption and Safe Families Act of 1997 that are or have been
addressed with grant funds.
(2) The nature of the backlogs of children that were pursued
with grant funds.
(3) The specific strategies used to reduce such backlogs.
(4) The progress that has been made in reducing such backlogs,
including the number of children in such backlogs--
(A) whose parental rights have been terminated; and
(B) whose adoptions have been finalized.
(5) Any additional information that the Attorney General
determines would assist jurisdictions in achieving the permanency
goals established in the Adoption and Safe Families Act of 1997.
(g) Authorization of 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.

51d0551c0bdd2f3030e0901a44c71029501f138c48287eed52ab9dbb92364c94

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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

fcbd8b4dcad5f2920d366e528b95aee90f2ff23355a1611892f26fe2ad18cacf

Strengthening Abuse and Neglect Courts Act of 2000 — S. 2272

Other Sections

Want the full experience?