Provides that: (1) the Family Court shall have original jurisdiction over currently mandated actions, applications, determinations, adjudications, and proceedings; and (2) actions, applications, determinations, adjudications, and proceedings being assigned to cross-jurisdictional units established by the Superior Court, including the Domestic Violence Unit, on the enactment of this Act may continue to be so assigned thereafter.
(Sec. 3) Sets forth special rules regarding the assignment and service of Family Court judges.
(Sec. 4) Specifies the original jurisdiction of the Family Court. Requires assignment to the same judge ("One Family, One Judge"), to the greatest extent practicable, feasible, and lawful, of all cases and proceedings involving members of the same family or household. Requires resolution of such cases and proceedings through alternative dispute resolution procedures, to the greatest extent practicable and safe.
Requires the Family Court presiding judge to carry out an ongoing training program in family law and related matters for Family Court and other Superior Court judges, and appropriate nonjudicial personnel. Requires the Executive Officer of the D.C. courts to establish an electronic tracking and management system for Family Court cases and proceedings, with all records and materials stored and maintained in an accessible electronic format.
Requires on-site coordination of social services and other related services.
Requires the chief judge of the Superior Court to report to Congress annually on the Family Court's activities, including analyses of the Family's Court's efficiency and effectiveness in managing its case load during the year and of the time required to dispose of actions and proceedings among the various categories of the Family Court's jurisdiction. Requires the annual report to propose a remedial action plan to address any failure of the Family Court to meet deadlines, standards, and outcome measures.
Requires expedited review by the District of Columbia Court of Appeals of any appeal from a Family Court order terminating parental rights or granting or denying a petition to adopt.
Directs the Mayor of the District of Columbia to submit to the President and Congress a plan for integrating the computer systems of the District government with those of the Superior Court so that the Family Court and appropriate District government offices providing social and other related services to individuals and families served by the Family Court will be able to access and share information.
Authorizes appropriations.
(Sec. 5) Redesignates hearing commissioners as magistrate judges.
(Sec. 6) Sets forth special rules for Family Court and Domestic Violence Unit magistrate judges, including special qualifications. Requires any advisory selection merit panel used in the selection of magistrate judges for the Family Court to include certified social workers specializing in child welfare matters who are D.C. residents but not District of Columbia Court employees.
(Sec. 7) Expresses the sense of: (1) Congress that Maryland, 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's welfare system in foster and kinship homes and other Maryland and Virginia facilities; and (2) the Senate that the chief judge of the Superior Court and the presiding judge of the Family Division (sic) should take all steps necessary to encourage and support the use of Court Appointed Special Advocates (CASA) in family court actions or proceedings.
(Sec. 9) Requires the chief judge of the Superior Court and the presiding judge of the Family Court to submit to Congress: (1) a feasibility study for the construction of appropriate permanent courts and facilities for the Family Court; and (2) an analysis of the success of the use of magistrate judges under the expedited appointment procedures established under this Act in reducing the number of pending actions and proceedings within the Family Court's jurisdiction.
(Sec. 10) Authorizes appropriations.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1382 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1382
To amend title 11, District of Columbia Code, to redesignate the Family
Division of the Superior Court of the District of Columbia as the
Family Court of the Superior Court, to recruit and retain trained and
experienced judges to serve in the Family Court, to promote consistency
and efficiency in the assignment of judges to the Family Court and in
the consideration of actions and proceedings in the Family Court, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 3, 2001
Mr. DeWine (for himself and Ms. Landrieu) introduced the following
bill; which was read twice and referred to the Committee on
Governmental Affairs
_______________________________________________________________________
A BILL
To amend title 11, District of Columbia Code, to redesignate the Family
Division of the Superior Court of the District of Columbia as the
Family Court of the Superior Court, to recruit and retain trained and
experienced judges to serve in the Family Court, to promote consistency
and efficiency in the assignment of judges to the Family Court and in
the consideration of actions and proceedings in the Family Court, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Family Court
Act of 2001''.
SEC. 2. REDESIGNATION OF FAMILY DIVISION AS FAMILY COURT OF THE
SUPERIOR COURT.
(a) In General.--Section 11-902, District of Columbia Code, is
amended to read as follows:
``Sec. 11-902. Organization of the court
``(a) In General.--The Superior Court shall consist of the
following:
``(1) The Civil Division.
``(2) The Criminal Division.
``(3) The Family Court.
``(4) The Probate Division.
``(5) The Tax Division.
``(b) Branches.--The divisions of the Superior Court may be divided
into such branches as the Superior Court may by rule prescribe.
``(c) Designation of Presiding Judge of Family Court.--The chief
judge of the Superior Court shall designate one of the judges assigned
to the Family Court of the Superior Court to serve as the presiding
judge of the Family Court of the Superior Court.
``(d) Jurisdiction Described.--The Family Court shall have original
jurisdiction over the actions, applications, determinations,
adjudications, and proceedings described in section 11-1101.''.
(b) Conforming Amendment to Chapter 9.--Section 11-906(b), District
of Columbia Code, is amended by inserting ``the Family Court and''
before ``the various divisions''.
(c) Conforming Amendments to Chapter 11.--(1) The heading for
chapter 11 of title 11, District of Columbia, is amended by striking
``Family Division'' and inserting ``Family Court''.
(2) The item relating to chapter 11 in the table of chapters for
title 11, District of Columbia, is amended by striking ``Family
Division'' and inserting ``Family Court''.
(d) Conforming Amendments to Title 16.--
(1) Calculation of child support.--Section 16-916.1(o)(6),
District of Columbia Code, is amended by striking ``Family
Division'' and inserting ``Family Court of the Superior
Court''.
(2) Expedited judicial hearing of cases brought before
hearing commissioners.--Section 16-924, District of Columbia
Code, is amended by striking ``Family Division'' each place it
appears in subsections (a) and (f) and inserting ``Family
Court''.
(3) General references to proceedings.--Chapter 23 of title
16, District of Columbia Code, is amended by inserting after
section 16-2301 the following new section:
``Sec. 16-2301.1. References deemed to refer to Family Court of the
Superior Court
``Any reference in this chapter or any other Federal or District of
Columbia law, Executive order, rule, regulation, delegation of
authority, or any document of or pertaining to the Family Division of
the Superior Court of the District of Columbia shall be deemed to refer
to the Family Court of the Superior Court of the District of
Columbia.''.
(4) Clerical amendment.--The table of sections for
subchapter I of chapter 23 of title 16, District of Columbia,
is amended by inserting after the item relating to section 16-
2301 the following new item:
``16-2301.1. References deemed to refer to Family Court of the Superior
Court.''.
SEC. 3. APPOINTMENT AND ASSIGNMENT OF JUDGES; NUMBER AND
QUALIFICATIONS.
(a) Number of Judges for Family Court; Qualifications and Terms of
Service.--Chapter 9 of title 11, District of Columbia Code, is amended
by inserting after section 11-908 the following new section:
``Sec. 11-908A. Special rules regarding assignment and service of
judges of Family Court
``(a) Number of Judges.--
``(1) In general.--The number of judges serving on the
Family Court of the Superior Court at any time may not be less
than 12 or more than 15.
``(2) Report.--The total number of judges on the Superior
Court may exceed the limit on such judges to the extent
necessary to maintain the requirements of this subsection if
the chief judge of the Superior Court--
``(A) obtains the approval of the Joint Committee
on Judicial Administration; and
``(B) reports to Congress regarding the
circumstances that gave rise to the necessity to exceed
the cap.
``(b) Qualifications.--The chief judge may not assign an individual
to serve on the Family Court of the Superior Court unless--
``(1) the individual has training or expertise in family
law;
``(2) the individual certifies to the chief judge that the
individual intends to serve the full term of service, except
that this paragraph shall not apply with respect to individuals
serving as senior judges under section 11-1504 and individuals
serving as temporary judges under section 11-908;
``(3) the individual certifies to the chief judge that the
individual will participate in the ongoing training programs
carried out for judges of the Family Court under section 11-
1104(c); and
``(4) the individual meets the requirements of section 11-
1732A(b).
``(c) Term of Service.--
``(1) In general.--
``(A) Serving judges.--An individual assigned to
serve as a judge of the Family Court of the Superior
Court who is serving as a judge in the Superior Court
on the date of the enactment of the District of
Columbia Family Court Act of 2001 shall serve for a
term of not fewer than 3 years as determined by the
chief judge of the Superior Court (including any
consecutive period of service on the Family Division of
the Superior Court immediately preceding the date of
the enactment of such Act).
``(B) New judges.--An individual assigned to serve
as a judge of the Family Court of the Superior Court
who is not serving as a judge in the Superior Court on
the date of the enactment of the District of Columbia
Family Court Act of 2001 shall serve for a term of 5
years.
``(2) Assignment for additional service.--After the term of
service of a judge of the Family Court (as described in
paragraph (1)) expires, at the judge's request the judge may be
assigned for additional service on the Family Court for a
period of such duration (consistent with section 431(c) of the
District of Columbia Home Rule Act) as the chief judge may
provide.
``(3) Permitting service on family court for entire term.--
At the request of the judge, a judge may serve as a judge of
the Family Court for the judge's entire term of service as a
judge of the Superior Court under section 431(c) of the
District of Columbia Home Rule Act.
``(d) Reassignment to Other Divisions.--The chief judge may
reassign a judge of the Family Court to any division of the Superior
Court if the chief judge determines that the judge is unable, for
cause, to continue serving in the Family Court.''.
(b) Plan for Family Court Transition.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the chief judge of the Superior
Court of the District of Columbia shall prepare and submit to
the President and Congress a transition plan for the Family
Court of the Superior Court, and shall include in the plan the
following:
(A) The chief judge's determination of the role and
function of the presiding judge of the Family Court.
(B) The chief judge's determination of the number
of judges needed to serve on the Family Court.
(C) The chief judge's determination of the number
of magistrate judges of the Family Court needed for
appointment under section 11-1732, District of Columbia
Code.
(D) The chief judge's determination of the
appropriate functions of such magistrate judges,
together with the compensation of and other personnel
matters pertaining to such magistrate judges.
(E) A plan for case flow, case management, and
staffing needs (including the needs for both judicial
and nonjudicial personnel) for the Family Court.
(F) A plan for space, equipment, and other physical
plant needs and requirements during the transition, as
determined in consultation with the Administrator of
General Services.
(G) An analysis of the success of the use of
magistrate judges under the expedited appointment
procedures established under section 6(d) in reducing
the number of pending actions and proceedings within
the jurisdiction of the Family Court (as described in
section 11-902(d), District of Columbia, as amended by
subsection (a)).
(H) Consistent with the requirements of paragraph
(2), a proposal for the disposition or transfer to the
Family Court of actions and proceedings within the
jurisdiction of the Family Court as of the date of the
enactment of this Act (together with actions and
proceedings described in section 11-1101, District of
Columbia Code, which were initiated in the Family
Division but remain pending in other Divisions of the
Superior Court as of such date) in a manner consistent
with applicable Federal and District of Columbia law
and best practices, including best practices developed
by the American Bar Association and the National
Council of Juvenile and Family Court Judges.
(2) Implementation of the proposal for transfer or
disposition of actions and proceedings to family court.--
(A) In general.--The chief judge of the Superior
Court and the presiding judge of the Family Court shall
take such steps as may be required as provided in the
proposal for disposition of actions and proceedings
under paragraph (1)(H) to ensure that each action or
proceeding within the jurisdiction of the Family Court
of the Superior Court (as described in section 11-
902(d), District of Columbia Code, as amended by
subsection (a)) is transferred to the Family Court or
otherwise disposed of as provided in subparagraph (B).
The requirement of this subparagraph shall not apply to
an action or proceeding pending before a senior judge
as defined in section 11-1504, District of Columbia
Code.
(B) Deadline.--Notwithstanding any other provision
of this Act or any amendment made by this Act, no
action or proceeding which is within the jurisdiction
of the Family Court (as described in section 11-902(d),
District of Columbia Code, as amended by subsection
(a)) shall remain pending with a judge not serving on
the Family Court upon the expiration of 18 months after the date of
enactment of this Act.
(C) Progress reports.--The chief judge of the
Superior Court shall report to the Committee on
Appropriations of each House, the Committee on
Governmental Affairs of the Senate, and the Committee
on Government Reform of the House of Representatives 6
months and 12 months after the date of enactment of
this Act on the progress made towards disposing of
actions or proceedings described in subparagraph (B).
(3) Effective date of implementation of plan.--The chief
judge of the Superior Court may not take any action to
implement the transition plan under this subsection until the
expiration of the 30-day period which begins on the date the
chief judge submits the plan to the President and Congress
under paragraph (1).
(c) Transition to Required Number of Judges.--
(1) Analysis by chief judge of superior court.--The chief
judge of the Superior Court of the District of Columbia shall
include in the transition plan prepared under subsection (b)--
(A) the chief judge's determination of the number
of individuals serving as judges of the Superior Court
who meet the qualifications for judges of the Family
Court of the Superior Court under section 11-908A,
District of Columbia Code (as added by subsection (a));
and
(B) if the chief judge determines that the number
of individuals described in subparagraph (A) is less
than 15, a request that the Judicial Nomination
Commission recruit and the President nominate (in
accordance with section 433 of the District of Columbia
Home Rule Act) such additional number of individuals to
serve on the Superior Court who meet the qualifications
for judges of the Family Court under such section as
may be required to enable the chief judge to make the
required number of assignments.
(2) Role of district of columbia judicial nomination
commission.--For purposes of section 434(d)(1) of the District
of Columbia Home Rule Act, the submission of a request from the
chief judge of the Superior Court of the District of Columbia
under paragraph (1)(B) shall be deemed to create a number of
vacancies in the position of judge of the Superior Court equal
to the number of additional appointments so requested by the
chief judge, except that the deadline for the submission by the
District of Columbia Judicial Nomination Commission of nominees
to fill such vacancies shall be 90 days after the creation of
such vacancies. In carrying out this paragraph, the District of
Columbia Judicial Nomination Commission shall recruit
individuals for possible nomination and appointment to the
Superior Court who meet the qualifications for judges of the
Family Court of the Superior Court.
(d) Report by Comptroller General.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General shall
prepare and submit to Congress and the chief judge of the
Superior Court of the District of Columbia a report on the
implementation of this Act (including the transition plan under
subsection (b)), and shall include in the report the following:
(A) An analysis of the procedures used to make the
initial appointments of judges of the Family Court
under this Act and the amendments made by this Act,
including an analysis of the time required to make such
appointments and the effect of the qualification
requirements for judges of the Court (including
requirements relating to the length of service on the
Court) on the time required to make such appointments.
(B) An analysis of the impact of magistrate judges
for the Family Court (including the expedited initial
appointment of magistrate judges for the Court under
section 6(d)) on the workload of judges and other
personnel of the Court.
(C) An analysis of the number of judges needed for
the Family Court, including an analysis of how the
number may be affected by the qualification
requirements for judges, the availability of magistrate
judges, and other provisions of this Act or the
amendments made by this Act.
(2) Submission to chief judge of superior court.--Prior to
submitting the report under paragraph (1) to Congress, the
Comptroller General shall provide a preliminary version of the
report to the chief judge of the Superior Court and shall take
any comments and recommendations of the chief judge into
consideration in preparing the final version of the report.
(e) Conforming Amendment.--The first sentence of section 11-908(a),
District of Columbia Code, is amended by striking ``The chief judge''
and inserting ``Subject to section 11-908A, the chief judge''.
(f) Clerical Amendment.--The table of sections for chapter 9 of
title 11, District of Columbia Code, is amended by inserting after the
item relating to section 11-908 the following new item:
``11-908A. Special rules regarding assignment and service of judges of
Family Court.''.
SEC. 4. IMPROVING ADMINISTRATION OF CASES AND PROCEEDINGS IN FAMILY
COURT.
(a) In General.--Chapter 11 of title 11, District of Columbia, is
amended by striking section 1101 and inserting the following:
``Sec. 11-1101. Jurisdiction of the Family Court
``(a) In General.--The Family Court of the District of Columbia
shall be assigned and have original jurisdiction over--
``(1) actions for divorce from the bond of marriage and
legal separation from bed and board, including proceedings
incidental thereto for alimony, pendente lite and permanent,
and for support and custody of minor children;
``(2) applications for revocation of divorce from bed and
board;
``(3) actions to enforce support of any person as required
by law;
``(4) actions seeking custody of minor children, including
petitions for writs of habeas corpus;
``(5) actions to declare marriages void;
``(6) actions to declare marriages valid;
``(7) actions for annulments of marriage;
``(8) determinations and adjudications of property rights,
both real and personal, in any action referred to in this
section, irrespective of any jurisdictional limitation imposed
on the Superior Court;
``(9) proceedings in adoption;
``(10) proceedings under the Act of July 10, 1957 (D.C.
Code, secs. 30-301 to 30-324);
``(11) proceedings to determine paternity of any child born
out of wedlock;
``(12) civil proceedings for protection involving
intrafamily offenses, instituted pursuant to chapter 10 of
title 16;
``(13) proceedings in which a child, as defined in section
16-2301, is alleged to be delinquent, neglected, or in need of
supervision;
``(14) proceedings under chapter 5 of title 21 relating to
the commitment of the mentally ill;
``(15) proceedings under chapter 11 of title 21 relating to
the commitment of the substantially retarded; and
``(16) proceedings under Interstate Compact on Juveniles
(described in title IV of the District of Columbia Court Reform
and Criminal Procedure Act of 1970).
``(b) Definition.--In this chapter, the term `action or proceeding'
with respect to the Family Court refers to cause of action described in
paragraphs (1) through (16) of subsection (a).
``Sec. 11-1102. Use of alternative dispute resolution
``To the greatest extent practicable and safe, cases and
proceedings in the Family Court of the Superior Court shall be resolved
through alternative dispute resolution procedures, in accordance with
such rules as the Superior Court may promulgate.
``Sec. 11-1103. Standards of practice for appointed counsel
``The Superior Court shall establish standards of practice for
attorneys appointed as counsel in the Family Court of the Superior
Court.
``Sec. 11-1104. Administration
``(a) `One Family, One Judge' Requirement for Cases and
Proceedings.--To the greatest extent practicable and feasible, if an
individual who is a party to an action or proceeding assigned to the
Family Court has an immediate family or household member who is a party
to another action or proceeding assigned to the Family Court, the
individual's action or proceeding shall be assigned to the same judge
or magistrate judge to whom the immediate family member's action or
proceeding is assigned.
``(b) Retention of Jurisdiction Over Cases.--
``(1) In general.--In addition to the requirement of
subsection (a), any action or proceeding assigned to the Family
Court of the Superior Court shall remain under the jurisdiction
of the Family Court until the action or proceeding is finally
disposed.
``(2) One family, one judge.--
``(A) For the duration.--An action or proceeding
assigned pursuant to this subsection shall remain with
the judge or magistrate judge to whom the action or
proceeding is assigned for the duration of the action
or proceeding to the greatest extent practicable,
feasible, and lawful.
``(B) All cases involving an individual.--If an
individual who is a party to an action or proceeding
assigned to the Family Court becomes a party to another
action or proceeding assigned to the Family Court, the
individual's subsequent action or proceeding shall be
assigned to the same judge or magistrate judge to whom
the individual's initial action or proceeding is
assigned to the greatest extent practicable, feasible,
and lawful.
``(C) Reassignment.--If the judge to whom the
action or proceeding is assigned ceases to serve on the
Family Court prior to the final disposition of the
action or proceeding, the presiding judge of the Family
Court shall ensure that the matter or proceeding is
reassigned to a judge serving on the Family Court,
except that a judge who ceases to serve in Family Court
but remains in Superior Court may retain the case or
proceeding for not more than 6 months after ceasing to
serve if such retention is in the best interests of the
parties.
``(3) Standards of judicial ethics.--The actions of a judge
or magistrate judge in retaining an action or proceeding under
this paragraph shall be subject to applicable standards of
judicial ethics.
``(c) Training Program.--
``(1) In general.--The presiding judge of the Family Court
shall carry out an ongoing program to provide training in
family law and related matters for judges of the Family Court,
including magistrate judges, attorneys who practice in the
Family Court, and appropriate nonjudicial personnel, and shall
include in the program information and instruction regarding
the following:
``(A) Child development.
``(B) Family dynamics, including domestic violence.
``(C) Relevant Federal and District of Columbia
laws.
``(D) Permanency planning principles and practices.
``(E) Recognizing the risk factors for child abuse.
``(F) Any other matters the presiding judge
considers appropriate.
``(2) Use of cross-training.--The program carried out under
this section shall use the resources of lawyers and legal
professionals, social workers, and experts in the field of
child development and other related fields.
``(d) Accessibility of Materials, Services, and Proceedings;
Promotion of `Family-Friendly' Environment.--
``(1) In general.--To the greatest extent practicable, the
presiding judge of the Family Court shall ensure that the
materials and services provided by the Family Court are
understandable and accessible to the individuals and families
served by the Court, and that the Court carries out its duties
in a manner which reflects the special needs of families with
children.
``(2) Location of proceedings.--To the maximum extent
feasible, safe, and practicable, cases and proceedings in the
Family Court shall be conducted at locations readily accessible
to the parties involved.
``(e) Integrated Computerized Case Tracking and Management
System.--The Executive Officer of the District of Columbia courts under
section 11-1703 shall work with the chief judge of the Superior Court--
``(1) to ensure that all records and materials of cases and
proceedings in the Family Court are stored and maintained in
electronic format accessible by computers for the use of
judges, magistrate judges, and nonjudicial personnel of the
Family Court, and for the use of other appropriate offices of
the District government in accordance with the plan for
integrating computer systems prepared by the Mayor of the
District of Columbia under section 4(b) of the District of
Columbia Family Court Act of 2001;
``(2) to establish and operate an electronic tracking and
management system for cases and proceedings in the Family Court
for the use of judges and nonjudicial personnel of the Family
Court, using the records and materials stored and maintained
pursuant to paragraph (1); and
``(3) to expand such system to cover all divisions of the
Superior Court as soon as practicable.
``Sec. 11-1105. Social services and other related services
``(a) On-Site Coordination of Services and Information.--
``(1) In general.--The Mayor of the District of Columbia,
in consultation with the chief judge of the Superior Court,
shall ensure that representatives of the appropriate offices of
the District government which provide social services and other
related services to individuals and families served by the
Family Court (including the District of Columbia Public
Schools, the District of Columbia Housing Authority, the Child
and Family Services Agency, the Office of the Corporation
Counsel, the Metropolitan Police Department, the Department of
Health, and other offices determined by the Mayor) are
available on-site at the Family Court to coordinate the
provision of such services and information regarding such
services to such individuals and families.
``(2) Duties of heads of offices.--The head of each office
described in paragraph (1), including the Superintendent of the
District of Columbia Public Schools and the Director of the
District of Columbia Housing Authority, shall provide the Mayor
with such information, assistance, and services as the Mayor
may require to carry out such paragraph.
``(b) Appointment of Social Services Liaison With Family Court.--
The Mayor of the District of Columbia shall appoint an individual to
serve as a liaison between the Family Court and the District government
for purposes of subsection (a) and for coordinating the delivery of
services provided by the District government with the activities of the
Family Court and for providing information to the judges, magistrate
judges, and nonjudicial personnel of the Court regarding the services
available from the District government to the individuals and families
served by the Court. The Mayor shall provide on an ongoing basis
information to the chief judge of the Superior Court and the presiding
judge of the Family Court regarding the services of the District
government which are available for the individuals and families served
by the Family Court.
``Sec. 11-1106. Reports to Congress
``Not later than 90 days after the end of each calendar year, the
chief judge of the Superior Court shall submit a report to Congress on
the activities of the Family Court during the year, and shall include
in the report the following:
``(1) The chief judge's assessment of the productivity and
success of the use of alternative dispute resolution pursuant
to section 11-1102.
``(2) Goals and timetables as required by the Adoption and
Safe Families Act of 1997 to improve the Family Court's
performance in the following year.
``(3) Information on the extent to which the Court met
deadlines and standards applicable under Federal and District
of Columbia law to the review and disposition of actions and
proceedings under the Court's jurisdiction during the year.
``(4) Information on the progress made in establishing
locations and appropriate space for the Family Court that are
consistent with the mission of the Family Court until such time
as the locations and space are established.
``(5) Information on any factors which are not under the
control of the Family Court which interfere with or prevent the
Court from carrying out its responsibilities in the most
effective manner possible.
``(6) Based on outcome measures derived through the use of
the information stored in electronic format under section 11-
1104(d), an analysis of the Court's efficiency and
effectiveness in managing its case load during the year,
including an analysis of the time required to dispose of
actions and proceedings among the various categories of the
Court's jurisdiction, as prescribed by applicable law and best
practices, including (but not limited to) best practices
developed by the American Bar Association and the National Council of
Juvenile and Family Court Judges.
``(7) If the Court failed to meet the deadlines, standards,
and outcome measures described in the previous paragraphs, a
proposed remedial action plan to address the failure.''.
(b) Expedited Appeals for Certain Family Court Actions and
Proceedings.--Section 11-721, District of Columbia Code, is amended by
adding at the end the following new subsection:
``(g) Any appeal from an order of the Family Court of the District
of Columbia terminating parental rights or granting or denying a
petition to adopt shall receive expedited review by the District of
Columbia Court of Appeals and shall be certified by the appellant. An
oral hearing on appeal shall be deemed to be waived unless specifically
requested by a party to the appeal.''.
(c) Plan For Integrating Computer Systems.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Mayor of the District of
Columbia shall submit to the President and Congress a plan for
integrating the computer systems of the District government
with the computer systems of the Superior Court of the District
of Columbia so that the Family Court of the Superior Court and
the appropriate offices of the District government which
provide social services and other related services to
individuals and families served by the Family Court of the
Superior Court (including the District of Columbia Public
Schools, the District of Columbia Housing Authority, the Child
and Family Services Agency, the Office of the Corporation
Counsel, the Metropolitan Police Department, the Department of
Health, and other offices determined by the Mayor) will be able
to access and share information on the individuals and families
served by the Family Court.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Mayor of the District of Columbia
such sums as may be necessary to carry out paragraph (1).
(d) Clerical Amendment.--The table of sections for chapter 11 of
title 11, District of Columbia Code, is amended by adding at the end
the following new items:
``11-1102. Use of alternative dispute resolution.
``11-1103. Standards of practice for appointed counsel.
``11-1104. Administration.
``11-1105. Social services and other related services.
``11-1106. Reports to Congress.''.
SEC. 5. TREATMENT OF HEARING COMMISSIONERS AS MAGISTRATE JUDGES.
(a) In General.--
(1) Redesignation of title.--Section 11-1732, District of
Columbia Code, is amended--
(A) by striking ``hearing commissioners'' each
place it appears in subsection (a), subsection (b),
subsection (d), subsection (i), subsection (l), and
subsection (n) and inserting ``magistrate judges'';
(B) by striking ``hearing commissioner'' each place
it appears in subsection (b), subsection (c),
subsection (e), subsection (f), subsection (g),
subsection (h), and subsection (j) and inserting
``magistrate judge'';
(C) by striking ``hearing commissioner's'' each
place it appears in subsection (e) and subsection (k)
and inserting ``magistrate judge's'';
(D) by striking ``Hearing commissioners'' each
place it appears in subsections (b), (d), and (i) and
inserting ``Magistrate judges''; and
(E) in the heading, by striking ``Hearing
commissioners'' and inserting ``Magistrate Judges''.
(2) Conforming amendments.--(A) Section 11-1732(c)(3),
District of Columbia Code, is amended by striking ``, except
that'' and all that follows and inserting a period.
(B) Section 16-924, District of Columbia Code, is amended--
(i) by striking ``hearing commissioner'' each place
it appears and inserting ``magistrate judge''; and
(ii) in subsection (f), by striking ``hearing
commissioner's'' and inserting ``magistrate judge's''.
(3) Clerical amendment.--The item relating to section 11-
1732 of the table of sections of chapter 17 of title 11, D.C.
Code, is amended to read as follows:
``11-1732. Magistrate judges.''.
(b) Transition Provision Regarding Hearing Commissioners.--Any
individual serving as a hearing commissioner under section 11-1732 of
the District of Columbia Code as of the date of the enactment of this
Act shall serve the remainder of such individual's term as a magistrate
judge, and may be reappointed as a magistrate judge in accordance with
section 11-1732(d), District of Columbia Code, except that any
individual serving as a hearing commissioner as of the date of the
enactment of this Act who was appointed as a hearing commissioner prior
to the effective date of section 11-1732 of the District of Columbia
Code shall not be required to be a resident of the District of Columbia
to be eligible to be reappointed.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 6. SPECIAL RULES FOR MAGISTRATE JUDGES OF FAMILY COURT.
(a) In General.--Chapter 17 of title 11, District of Columbia Code,
is amended by inserting after section 11-1732 the following new
section:
``Sec. 11-1732A. Special rules for magistrate judges of the Family
Court of the Superior Court
``(a) Use of Social Workers in Advisory Merit Selection Panel.--The
advisory selection merit panel used in the selection of magistrate
judges for the Family Court of the Superior Court under section 11-
1732(b) shall include certified social workers specializing in child
welfare matters who are residents of the District and who are not
employees of the District of Columbia Courts.
``(b) Special Qualifications.--Notwithstanding section 11-1732(c),
no individual shall be appointed as a magistrate judge for the Family
Court of the Superior Court unless that individual--
``(1) is a citizen of the United States;
``(2) is an active member of the unified District of
Columbia Bar;
``(3) for the 5 years immediately preceding the appointment
has been engaged in the active practice of law in the District,
has been on the faculty of a law school in the District, or has
been employed as a lawyer by the United States or District
government, or any combination thereof;
``(4) has not fewer than 3 years of training or experience
in the practice of family law; and
``(5)(A) is a bona fide resident of the District of
Columbia and has maintained an actual place of abode in the
District for at least 90 days immediately prior to appointment,
and retains such residency during service as a magistrate
judge; or
``(B) is a bona fide resident of the areas consisting of
Montgomery and Prince George's Counties in Maryland, Arlington
and Fairfax Counties, and the City of Alexandria in Virginia,
has maintained an actual place of abode in such area for at
least 5 years prior to appointment, and certifies that the
individual will become a bona fide resident of the District of
Columbia not later than 90 days after appointment.
``(c) Service of Current Hearing Commissioners.--Those individuals
serving as hearing commissioners under section 11-1732 on the effective
date of this section who meet the qualifications described in
subsection (b)(4) may request to be appointed as magistrate judges for
the Family Court of the Superior Court under such section.
``(d) Functions.--A magistrate judge, when specifically designated
by the presiding judge of the Family Court of the Superior Court, and
subject to the rules of the Superior Court and the right of review
under section 11-1732(k), may perform the following functions:
``(1) Administer oaths and affirmations and take
acknowledgements.
``(2) Subject to the rules of the Superior Court and
applicable Federal and District of Columbia law, conduct
hearings, make findings and enter interim and final orders or
judgments in uncontested or contested proceedings within the
jurisdiction of the Family Court of the Superior Court (as
described in section 11-1101), excluding jury trials and trials
of felony cases, as assigned by the presiding judge of the
Family Court.
``(3) Subject to the rules of the Superior Court, enter an
order punishing an individual for contempt, except that no
individual may be detained pursuant to the authority of this
paragraph for longer than 180 days.
``(e) Location of Proceedings.--To the maximum extent feasible,
safe, and practicable, magistrate judges of the Family Court of the
Superior Court shall conduct proceedings at locations readily
accessible to the parties involved.
``(f) Training.--The Family Court of the Superior Court shall
ensure that all magistrate judges of the Family Court receive training
to enable them to fulfill their responsibilities, including specialized
training in family law and related matters.''.
(b) Conforming Amendments.--(1) Section 11-1732(a), District of
Columbia Code, is amended by inserting after ``the duties enumerated in
subsection (j) of this section'' the following: ``(or, in the case of
magistrate judges for the Family Court of the Superior Court, the
duties enumerated in section 11-1732A(d))''.
(2) Section 11-1732(c), District of Columbia Code, is amended by
striking ``No individual'' and inserting ``Except as provided in
section 11-1732A(b), no individual''.
(3) Section 11-1732(k), District of Columbia Code, is amended--
(A) by striking ``subsection (j),'' and inserting the
following: ``subsection (j) (or proceedings and hearings under
section 11-1732A(d), in the case of magistrate judges for the
Family Court of the Superior Court),''; and
(B) by inserting after ``appropriate division'' the
following: ``(or, in the case of an order or judgment of a
magistrate judge of the Family Court of the Superior Court, by
a judge of the Family Court)''.
(4) Section 11-1732(l), District of Columbia Code, is amended by
inserting after ``responsibilities'' the following: ``(subject to the
requirements of section 11-1732A(f) in the case of magistrate judges of
the Family Court of the Superior Court)''.
(c) Clerical Amendment.--The table of sections for subchapter II of
chapter 17 of title 11, District of Columbia, is amended by inserting
after the item relating to section 11-1732 the following new item:
``11-1732A. Special rules for magistrate judges of Family Court of the
Superior Court.''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Expedited initial appointments.--
(A) In general.--Not later than 30 days after the
date of the enactment of this Act, the chief judge of
the Superior Court of the District of Columbia shall
appoint not more than 5 individuals to serve as
magistrate judges for the Family Division of the
Superior Court in accordance with the requirements of
sections 11-1732 and 11-1732A, District of Columbia
Code (as added by subsection (a)).
(B) Appointments made without regard to selection
panel.--Sections 11-1732(b) and 11-1732A(a), District
of Columbia Code (as added by subsection (a)) shall not
apply with respect to any magistrate judge appointed
under this paragraph.
(C) Priority for certain actions and proceedings.--
The chief judge of the Superior Court and the presiding
judge of the Family Division of the Superior Court
(acting jointly) shall first assign and transfer to the
magistrate judges appointed under this paragraph
actions and proceedings described as follows:
(i) The action or proceeding involves an
allegation of abuse or neglect.
(ii) The judge to whom the action or
proceeding is assigned as of the date of the
enactment of this Act is not assigned to the
Family Division.
(iii) The action or proceeding was
initiated in the Family Division prior to the
2-year period which ends on the date of the
enactment of this Act.
SEC. 7. SENSE OF CONGRESS REGARDING BORDER AGREEMENT WITH MARYLAND AND
VIRGINIA.
It is the sense of Congress that the State of Maryland, the
Commonwealth of Virginia, and the District of Columbia should promptly
enter into a border agreement to facilitate the timely and safe
placement of children in the District of Columbia's welfare system in
foster and kinship homes and other facilities in Maryland and Virginia.
SEC. 8. SENSE OF THE SENATE REGARDING THE USE OF COURT APPOINTED
SPECIAL ADVOCATES.
It is the sense of the Senate that the Chief Judge of the Superior
Court and the Presiding Judge of the Family Division should take all
steps necessary to encourage and support the use of Court Appointed
Special Advocates (CASA) in family court actions or proceedings.
SEC. 9. INTERIM REPORTS.
Not later than 12 months after the date of enactment of this Act,
the chief judge of the Superior Court and the presiding judge of the
Family Court--
(1) in consultation with the General Services
Administration, shall submit to Congress a feasibility study
for the construction of appropriate permanent courts and
facilities for the Family Court; and
(2) shall submit to Congress an analysis of the success of
the use of magistrate judges under the expedited appointment
procedures established under section 6(d) in reducing the
number of pending actions and proceedings within the
jurisdiction of the Family Court (as described in section 11-
902(d), District of Columbia).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Courts of the
District of Columbia and the District of Columbia such sums as may be
necessary to carry out the amendments made by this Act.
SEC. 11. EFFECTIVE DATE.
The amendments made by section 4 shall take effect upon the
expiration of the 18 month period which begins on the date of the
enactment of this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S8953-8954)
Read twice and referred to the Committee on Governmental Affairs. (text of measure as introduced: CR S8954-8958)
Committee on Governmental Affairs referred to Subcommittee on Oversight of Government Management, Restructuring and the District of Columbia.
Committee on Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. With written report No. 107-107.
Committee on Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. With written report No. 107-107.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 257.
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