[107th Congress Public Law 114]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ114.107]
[[Page 2099]]
DISTRICT OF COLUMBIA FAMILY COURT ACT OF 2001
[[Page 115 STAT. 2100]]
Public Law 107-114
107th Congress
An Act
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. <<NOTE: Jan. 8, 2002 - [H.R. 2657]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: District of Columbia Family
Court Act of 2001.>> 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. Actions,
applications, determinations, adjudications, and proceedings being
assigned to cross-jurisdictional units established by the Superior
Court, including the Domestic Violence Unit, on the date of enactment of
this section may continue to be so assigned after the date of enactment
of this section.''.
[[Page 115 STAT. 2101]]
(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 shall be not more than 15.
``(2) Emergency reassignment.--If the chief judge determines
that, in order to carry out the intent and purposes of the
District of Columbia Family Court Act of 2001, an emergency
exists such that the number of judges needed on the Family Court
of the Superior Court at any time is more than 15--
[[Page 115 STAT. 2102]]
``(A) the chief judge may temporarily reassign
judges from other divisions of the Superior Court to
serve on the Family Court who meet the requirements of
paragraphs (1) and (3) of subsection (b) or senior
judges who meet the requirements of those paragraphs,
except such reassigned judges shall not be subject to
the term of service requirements set forth in subsection
(c); and
``(B) the chief judge shall, within 30 days of
emergency temporary reassignment pursuant to
subparagraph (A), submit a report to the President and
Congress describing--
``(i) the nature of the emergency;
``(ii) how the emergency was addressed,
including which judges were reassigned; and
``(iii) whether and why an increase in the
number of Family Court judges authorized in
subsection (a)(1) may be necessary to serve the
needs of families and children in the District of
Columbia.
``(3) Composition.--The total number of judges on the
Superior Court may exceed the limit on such judges specified in
section 11-903 to the extent necessary to maintain the
requirements of this subsection if--
``(A) the number of judges serving on the Family
Court is less than 15; and
``(B) the Chief Judge of the Superior Court--
``(i) is unable to secure a volunteer judge
who is sitting on the Superior Court outside of
the Family Court for reassignment to the Family
Court;
``(ii) obtains approval of the Joint Committee
on Judicial Administration; and
``(iii) reports to Congress regarding the
circumstances that gave rise to the necessity to
exceed the cap.
``(b) Qualifications.--The chief judge may not assign an individual
to serve on the Family Court of the Superior Court or handle a Family
Court case unless--
``(1) the individual has training or expertise in family
law;
``(2) the individual certifies to the chief judge that the
individual intends to serve the full term of service, except
that this paragraph shall not apply with respect to individuals
serving as senior judges under section 11-1504, individuals
serving as temporary judges under section 11-908, and any other
judge serving in another division of the Superior Court who is
reassigned on an emergency temporary basis pursuant to
subsection (a)(2);
``(3) the individual certifies to the chief judge that the
individual will participate in the ongoing training programs
carried out for judges of the Family Court under section 11-
1104(c); and
``(4) the individual meets the requirements of section 11-
1501(b).
``(c) Term of Service.--
``(1) In general.--Except as provided in paragraph (2), an
individual assigned to serve as a judge of the Family Court of
the Superior Court shall serve for a term of 5 years.
``(2) Special rule for judges serving on superior court on
date of enactment of family court act of 2001.--
[[Page 115 STAT. 2103]]
``(A) In general.--An individual assigned to serve
as a judge of the Family Court of the Superior Court who
is serving as a judge of 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.
``(B) Reduction of period for judges serving in
family division.--In the case of a judge of the Superior
Court who is serving as a judge in the Family Division
of the Court on the date of the enactment of the
District of Columbia Family Court Act of 2001, the 3-
year term applicable under subparagraph (A) shall be
reduced by the length of any period of consecutive
service as a judge in such Division immediately
preceding the date of the enactment of such Act.
``(3) Assignment for additional service.--After the term of
service of a judge of the Family Court (as described in
paragraph (1)) expires, at the judge's request and with the
approval of the chief judge, the judge may be assigned for
additional service on the Family Court for a period of such
duration (consistent with section 431(c) of the District of
Columbia Home Rule Act) as the chief judge may provide.
``(4) Permitting service on family court for entire term.--
At the request of the judge and with the approval of the chief
judge, a judge may serve as a judge of the Family Court for the
judge's entire term of service as a judge of the Superior Court
under section 431(c) of the District of Columbia Home Rule Act.
``(d) Reassignment to Other Divisions.--The chief judge may reassign
a judge of the Family Court to any division of the Superior Court if the
chief judge determines that in the interest of justice the judge is
unable to continue serving in the Family Court.''.
(b) Plan for Family Court Transition.--
(1) In <<NOTE: Deadline.>> 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,
including a description of how the Superior Court will
handle the one family, one judge requirement pursuant to
section 11-1104(a) for all cases and proceedings
assigned to the Family Court.
[[Page 115 STAT. 2104]]
(F) A plan for space, equipment, and other physical
plant needs and requirements during the transition, as
determined in consultation with the Administrator of
General Services.
(G) An analysis of the number of magistrate judges
needed under the expedited appointment procedures
established under section 6(d) in reducing the number of
pending actions and proceedings within the jurisdiction
of the Family Court (as described in section 11-902(d),
District of Columbia, as amended by subsection (a)).
(H) Consistent with the requirements of paragraph
(2), a proposal for the disposition or transfer to the
Family Court of child abuse and neglect actions pending
as of the date of enactment of this Act (which were
initiated in the Family Division but remain pending
before judges serving in other Divisions of the Superior
Court as of such date) in a manner consistent with
applicable Federal and District of Columbia law and best
practices, including best practices developed by the
American Bar Association and the National Council of
Juvenile and Family Court Judges.
(I) An estimate of the number of cases for which the
deadline for disposition or transfer to the Family
Court, specified in paragraph (2)(B), cannot be met and
the reasons why such deadline cannot be met.
(2) Implementation of the plan for transfer or disposition
of actions and proceedings to family court.--
(A) In general.--Except as provided in subparagraph
(C), the chief judge of the Superior Court and the
presiding judge of the Family Court shall take such
steps as may be required as provided in the proposal for
disposition of actions and proceedings under paragraph
(1)(H) to ensure that each child abuse and neglect
action of the Superior Court (as described in section
11-902(d), District of Columbia Code, as amended by
subsection (a)) is transferred to the Family Court or
otherwise disposed of as provided in subparagraph (B).
(B) Deadline.--
(i) In general.--Notwithstanding any other
provision of this Act or any amendment made by
this Act and except as provided in subparagraph
(C), no child abuse or neglect action shall remain
pending with a judge not serving on the Family
Court upon the expiration of 18 months after the
filing of the transition plan required under
paragraph (1).
(ii) Rule of construction.--The chief judge of
the Superior Court should make every effort to
provide for the earliest practicable disposition
of actions. Nothing in this subparagraph shall
preclude the immediate transfer of cases to the
Family Court, particularly cases which have been
filed with the court for less than 6 months prior
to the date of enactment of this Act.
(C) Retained cases.--Child abuse and neglect cases
that were initiated in the Family Division but remain
pending before judges, including senior judges as
defined in section 11-1504, District of Columbia Code,
in other
[[Page 115 STAT. 2105]]
Divisions of the Superior Court as of the date of
enactment of this Act may remain before judges,
including senior judges, in such other Divisions when--
(i) the case remains at all times in full
compliance with Public Law 105-89, if applicable;
and
(ii) the chief judge determines, in
consultation with the presiding judge of the
Family Court, based on the record in the case and
any unique expertise, training, or knowledge of
the case that the judge might have, that
permitting the judge to retain the case would lead
to permanent placement of the child more quickly
than reassignment to a judge in the Family Court.
(D) Priority for certain actions and proceedings.--
The chief judge of the Superior Court, in consultation
with the presiding judge of the Family Court, shall give
priority consideration to the disposition or transfer of
the following actions and proceedings:
(i) The action or proceeding involves an
allegation of abuse or neglect.
(ii) The action or proceeding was initiated in
the family division prior to the 2-year period
which ends on the date of enactment of this Act.
(iii) The judge to whom the action or
proceeding is assigned as of the date of enactment
of this Act is not assigned to the Family
Division.
(E) Progress reports.--The chief judge of the
Superior Court shall submit reports to the President, to
the Committee on Appropriations of each House, the
Committee on Governmental Affairs of the Senate, and the
Committee on Government Reform of the House of
Representatives at 6-month intervals for a period of 2
years after the date of submission of the transition
plan required under paragraph (1) on the progress made
towards disposing of actions or proceedings described in
subparagraph (B).
(F) Rule of construction.--Nothing in this
subsection shall preclude the chief judge, in
consultation with the presiding judge of the Family
Court, from transferring actions or proceedings pending
before judges outside the Family Court at the enactment
of this Act which do not involve allegations of abuse
and neglect but which would otherwise fall under the
jurisdiction of the Family Court to judges in the Family
Court prior to the deadline as defined in subparagraph
2(B), particularly if such transfer would result in more
efficient resolution of such actions or proceedings.
(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
[[Page 115 STAT. 2106]]
shall include in the transition plan prepared under subsection
(b)--
(A) the chief judge's determination of the number of
individuals serving as judges of the Superior Court
who--
(i) meet the qualifications for judges of the
Family Court of the Superior Court under section
11-908A, District of Columbia Code (as added by
subsection (a)); and
(ii) are willing and able to serve on the
Family Court; and
(B) if the chief judge determines that the number of
individuals described in subparagraph (A) is less than
15, a request that the Judicial Nomination Commission
recruit and the President nominate (in accordance with
section 433 of the District of Columbia Home Rule Act)
such additional number of individuals to serve on the
Superior Court who meet the qualifications for judges of
the Family Court under section 11-908A, District of
Columbia Code, as may be required to enable the chief
judge to make the required number of assignments.
(2) Role of district of columbia judicial nomination
commission.--For purposes of section 434(d)(1) of the District
of Columbia Home Rule Act, the submission of a request from the
chief judge of the Superior Court of the District of Columbia
under paragraph (1)(B) shall be deemed to create a number of
vacancies in the position of judge of the Superior Court equal
to 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 <<NOTE: Deadline.>> 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 implementation of
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.
[[Page 115 STAT. 2107]]
(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.
(D) An analysis of the timeliness of the resolution
and disposition of pending actions and proceedings
required under the transition plan (as described in
paragraphs (1)(I) and (2) of subsection (b)), including
an analysis of the effect of the availability of
magistrate judges on the time required to resolve and
dispose of such actions and proceedings.
(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;
[[Page 115 STAT. 2108]]
``(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 13 of title 7 relating to
the commitment of the at least moderately mentally retarded; and
``(16) proceedings under Interstate Compact on Juveniles
(described in title IV of the District of Columbia Court Reform
and Criminal Procedure Act of 1970).
``(b) Definition.--
``(1) In general.--In this chapter, the term `action or
proceeding' with respect to the Family Court refers to cause of
action described in paragraphs (1) through (16) of subsection
(a).
``(2) Exception.--An action or proceeding may be assigned to
or retained by cross-jurisdictional units established by the
Superior Court, including the Domestic Violence Unit.
``Sec. 11-1102. Use of alternative dispute resolution
``To the greatest extent practicable and safe, cases and proceedings
in the Family Court of the Superior Court shall be resolved through
alternative dispute resolution procedures, in accordance with such rules
as the Superior Court may promulgate.
``Sec. 11-1103. Standards of practice for appointed counsel
``The Superior Court shall establish standards of practice for
attorneys appointed as counsel in the Family Court of the Superior
Court.
``Sec. 11-1104. Administration
``(a) `One Family, One Judge' Requirement for Cases and
Proceedings.--To the greatest extent practicable, feasible, and lawful,
if an individual who is a party to an action or proceeding assigned to
the Family Court has an immediate family or household member who is a
party to another action or proceeding assigned to the Family Court, the
individual's action or proceeding shall be assigned to the same judge or
magistrate judge to whom the immediate family member's action or
proceeding is assigned.
``(b) Retention of Jurisdiction Over Cases.--
``(1) In general.--In addition to the requirement of
subsection (a), any action or proceeding assigned to the Family
Court of the Superior Court shall remain under the jurisdiction
of the Family Court until the action or proceeding is finally
disposed, except as provided in paragraph (2)(D).
``(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 in the Family Court to
whom the action or proceeding is assigned for the
duration of
[[Page 115 STAT. 2109]]
the action or proceeding to the greatest extent
practicable, feasible, and lawful, subject to
subparagraph (C).
``(B) All cases involving an individual.--If an
individual who is a party to an action or proceeding
assigned to the Family Court becomes a party to another
action or proceeding assigned to the Family Court, the
individual's subsequent action or proceeding shall be
assigned to the same judge or magistrate judge to whom
the individual's initial action or proceeding is
assigned to the greatest extent practicable and
feasible.
``(C) Family court case retention.--If the full term
of a Family Court judge to whom the action or proceeding
is assigned is completed prior to the final disposition
of the action or proceeding, the presiding judge of the
Family Court shall ensure that the matter or proceeding
is reassigned to a judge serving on the Family Court.
``(D) Exception.--A judge whose full term on the
Family Court is completed but who remains in Superior
Court may retain the case or proceeding for not more
than 6 months or, in extraordinary circumstances, for
not more than 12 months after ceasing to serve if--
``(i) the case remains at all times in full
compliance with Public Law 105-89, if applicable;
and
``(ii) if Public Law 105-89 is applicable, the
chief judge determines, in consultation with the
presiding judge of the Family Court, based on the
record in the case and any unique expertise,
training or knowledge of the case that the judge
might have, that permitting the judge to retain
the case would lead to permanent placement of the
child more quickly than reassignment to a judge in
the Family Court.
``(3) Standards of judicial ethics.--The actions of a judge
or magistrate judge in retaining an action or proceeding under
this paragraph shall be subject to applicable standards of
judicial ethics.
``(c) Training Program.--
``(1) In general.--The chief judge, in consultation with the
presiding judge of the Family Court, shall carry out an ongoing
program to provide training in family law and related matters
for judges of the Family Court and other judges of the Superior
Court who are assigned Family Court cases, including magistrate
judges, attorneys who practice in the Family Court, and
appropriate nonjudicial personnel, and shall include in the
program information and instruction regarding the following:
``(A) Child development.
``(B) Family dynamics, including domestic violence.
``(C) Relevant Federal and District of Columbia
laws.
``(D) Permanency planning principles and practices.
``(E) Recognizing the risk factors for child abuse.
``(F) Any other matters the presiding judge
considers appropriate.
``(2) Use of cross-training.--The program carried out under
this section shall use the resources of lawyers and legal
professionals, social workers, and experts in the field of child
development and other related fields.
[[Page 115 STAT. 2110]]
``(d) Accessibility of Materials, Services, and Proceedings;
Promotion of `Family-Friendly' Environment.--
``(1) In general.--To the greatest extent practicable, the
chief judge and the presiding judge of the Family Court shall
ensure that the materials and services provided by the Family
Court are understandable and accessible to the individuals and
families served by the Family Court, and that the Family Court
carries out its duties in a manner which reflects the special
needs of families with children.
``(2) Location of proceedings.--To the maximum extent
feasible, safe, and practicable, cases and proceedings in the
Family Court shall be conducted at locations readily accessible
to the parties involved.
``(e) Integrated Computerized Case Tracking and Management System.--
The Executive Officer of the District of Columbia courts under section
11-1703 shall work with the chief judge of the Superior Court--
``(1) to ensure that all records and materials of cases and
proceedings in the Family Court are stored and maintained in
electronic format accessible by computers for the use of judges,
magistrate judges, and nonjudicial personnel of the Family
Court, and for the use of other appropriate offices of the
District government in accordance with the plan for integrating
computer systems prepared by the Mayor of the District of
Columbia under section 4(b) of the District of Columbia Family
Court Act of 2001;
``(2) to establish and operate an electronic tracking and
management system for cases and proceedings in the Family Court
for the use of judges and nonjudicial personnel of the Family
Court, using the records and materials stored and maintained
pursuant to paragraph (1); and
``(3) to expand such system to cover all divisions of the
Superior Court as soon as practicable.
``Sec. 11-1105. Social services and other related services
``(a) Onsite Coordination of Services and Information.--
``(1) In general.--The Mayor of the District of Columbia, in
consultation with the chief judge of the Superior Court, shall
ensure that representatives of the appropriate offices of the
District government which provide social services and other
related services to individuals and families served by the
Family Court (including the District of Columbia Public Schools,
the District of Columbia Housing Authority, the Child and Family
Services Agency, the Office of the Corporation Counsel, the
Metropolitan Police Department, the Department of Health, and
other offices determined by the Mayor) are available on-site at
the Family Court to coordinate the provision of such services
and information regarding such services to such individuals and
families.
``(2) Duties of heads of offices.--The head of each office
described in paragraph (1), including the Superintendent of the
District of Columbia Public Schools and the Director of the
District of Columbia Housing Authority, shall provide the Mayor
with such information, assistance, and services as the Mayor may
require to carry out such paragraph.
``(b) Appointment of Social Services Liaison With Family Court.--The
Mayor of the District of Columbia shall appoint an
[[Page 115 STAT. 2111]]
individual to serve as a liaison between the Family Court and the
District government for purposes of subsection (a) and for coordinating
the delivery of services provided by the District government with the
activities of the Family Court and for providing information to the
judges, magistrate judges, and nonjudicial personnel of the Family Court
regarding the services available from the District government to the
individuals and families served by the Family Court. The Mayor shall
provide on an ongoing basis information to the chief judge of the
Superior Court and the presiding judge of the Family Court regarding the
services of the District government which are available for the
individuals and families served by the Family Court.
``Sec. 11-1106. Reports to Congress
``Not <<NOTE: Deadline.>> later than 90 days after the end of each
calendar year, the chief judge of the Superior Court shall submit a
report to Congress on the activities of the Family Court during the
year, and shall include in the report the following:
``(1) The chief judge's assessment of the productivity and
success of the use of alternative dispute resolution pursuant to
section 11-1102.
``(2) Goals and timetables as required by the Adoption and
Safe Families Act of 1997 to improve the Family Court's
performance in the following year.
``(3) Information on the extent to which the Family Court
met deadlines and standards applicable under Federal and
District of Columbia law to the review and disposition of
actions and proceedings under the Family Court's jurisdiction
during the year.
``(4) Information on the progress made in establishing
locations and appropriate space for the Family Court that are
consistent with the mission of the Family Court until such time
as the locations and space are established.
``(5) Information on any factors which are not under the
control of the Family Court which interfere with or prevent the
Family Court from carrying out its responsibilities in the most
effective manner possible.
``(6) Information on--
``(A) the number of judges serving on the Family
Court as of the end of the year;
``(B) how long each such judge has served on the
Family Court;
``(C) the number of cases retained outside the
Family Court;
``(D) the number of reassignments to and from the
Family Court; and
``(E) the ability to recruit qualified sitting
judges to serve on the Family Court.
``(7) Based on outcome measures derived through the use of
the information stored in electronic format under section 11-
1104(d), an analysis of the Family Court's efficiency and
effectiveness in managing its case load during the year,
including an analysis of the time required to dispose of actions
and proceedings among the various categories of the Family
Court's jurisdiction, as prescribed by applicable law and best
practices, including (but not limited to) best practices
developed
[[Page 115 STAT. 2112]]
by the American Bar Association and the National Council of
Juvenile and Family Court Judges.
``(8) If the Family Court failed to meet the deadlines,
standards, and outcome measures described in the previous
paragraphs, a proposed remedial action plan to address the
failure.''.
(b) Expedited Appeals for Certain Family Court Actions and
Proceedings.--Section 11-721, District of Columbia Code, is amended by
adding at the end the following new subsection:
``(g) Any appeal from an order of the Family Court of the District
of Columbia terminating parental rights or granting or denying a
petition to adopt shall receive expedited review by the District of
Columbia Court of Appeals.''.
(c) Plan for Integrating Computer Systems.--
(1) In <<NOTE: Deadline.>> 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'';
[[Page 115 STAT. 2113]]
(D) by striking ``Hearing commissioners'' each place
it appears in subsections (b), (d), and (i) and
inserting ``Magistrate judges''; and
(E) in the heading, by striking ``Hearing
commissioners'' and inserting ``Magistrate judges''.
(2) Conforming amendments.--Section 16-924, District of
Columbia Code, is amended--
(A) by striking ``hearing commissioner'' each place
it appears and inserting ``magistrate judge''; and
(B) in subsection (f), by striking ``hearing
commissioner's'' and inserting ``magistrate judge's''.
(3) Clerical amendment.--The item relating to section 11-
1732 of the table of sections of chapter 17 of title 11, D.C.
Code, is amended to read as follows:
``11-1732. Magistrate judges.''.
(b) Transition Provision Regarding Hearing Commissioners.--Any
individual serving as a hearing commissioner under section 11-1732 of
the District of Columbia Code as of the date of the enactment of this
Act shall serve the remainder of such individual's term as a magistrate
judge, and may be reappointed as a magistrate judge in accordance with
section 11-1732(d), District of Columbia Code, except that any
individual serving as a hearing commissioner as of the date of the
enactment of this Act who was appointed as a hearing commissioner prior
to the effective date of section 11-1732 of the District of Columbia
Code shall not be required to be a resident of the District of Columbia
to be eligible to be reappointed.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 6. SPECIAL RULES FOR MAGISTRATE JUDGES OF FAMILY COURT.
(a) In General.--Chapter 17 of title 11, District of Columbia Code,
is amended by inserting after section 11-1732 the following new section:
``Sec. 11-1732A. Special rules for magistrate judges of the Family Court
of the Superior Court and the Domestic Violence
Unit
``(a) Use of Social Workers in Advisory Merit Selection Panel.--The
advisory selection merit panel used in the selection of magistrate
judges for the Family Court of the Superior Court under section 11-
1732(b) shall include certified social workers specializing in child
welfare matters who are residents of the District and who are not
employees of the District of Columbia Courts.
``(b) Special Qualifications.--Notwithstanding section 11-1732(c),
no individual shall be appointed or assigned as a magistrate judge for
the Family Court of the Superior Court or as a magistrate judge for the
Domestic Violence Unit handling actions or proceedings which would
otherwise be under the jurisdiction of the Family 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
[[Page 115 STAT. 2114]]
has been employed as a lawyer by the United States or District
government, or any combination thereof;
``(4) has not fewer than 3 years of training or experience
in the practice of family law as a lawyer or judicial officer;
and
``(5)(A) is a bona fide resident of the District of Columbia
and has maintained an actual place of abode in the District for
at least 90 days immediately prior to appointment, and retains
such residency during service as a magistrate judge; or
``(B) <<NOTE: Certification. Deadline.>> 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, areas, or the District of Columbia
for at least 5 years prior to appointment, and certifies that
the individual will become a bona fide resident of the District
of Columbia not later than 90 days after appointment.
``(c) Service of Current Hearing Commissioners.--Those individuals
serving as hearing commissioners under section 11-1732 on the effective
date of this section who meet the qualifications described in subsection
(b)(4) may request to be appointed as magistrate judges for the Family
Court of the Superior Court under such section.
``(d) Functions of Family Court and Domestic Violence Unit
Magistrates.--A magistrate judge, when specifically designated by the
chief judge in consultation with the appropriate presiding judge to
serve in the Family Court or in the Domestic Violence Unit and subject
to the rules of the Superior Court and the right of review under section
11-1732(k), may perform the following functions:
``(1) Administer oaths and affirmations and take
acknowledgements.
``(2) Subject to the rules of the Superior Court and
applicable Federal and District of Columbia law, conduct
hearings, make findings and enter interim and final orders or
judgments in uncontested or contested proceedings within the
jurisdiction of the Family Court and the Domestic Violence Unit
of the Superior Court (as described in section 11-1101),
excluding jury trials and trials of felony cases, as assigned by
the appropriate presiding judge.
``(3) Subject to the rules of the Superior Court, enter an
order punishing an individual for contempt, except that no
individual may be detained pursuant to the authority of this
paragraph for longer than 180 days.
``(e) Location of Proceedings.--To the maximum extent feasible,
safe, and practicable, magistrate judges of the Family Court of the
Superior Court shall conduct proceedings at locations readily accessible
to the parties involved.
``(f) Training.--The chief judge, in consultation with the presiding
judge of the Family Court of the Superior Court, shall ensure that all
magistrate judges of the Family Court receive training to enable them to
fulfill their responsibilities, including specialized training in family
law and related matters.''.
(b) Conforming Amendments.--(1) Section 11-1732(a), District of
Columbia Code, is amended by inserting after ``the duties enumerated in
subsection (j) of this section'' the following: ``(or,
[[Page 115 STAT. 2115]]
in the case of magistrate judges for the Family Court or the Domestic
Violence Unit of the Superior Court, the duties enumerated in section
11-1732A(d))''.
(2) Section 11-1732(c), District of Columbia Code, is amended by
striking ``No individual'' and inserting ``Except as provided in section
11-1732A(b), no individual''.
(3) Section 11-1732(k), District of Columbia Code, is amended--
(A) by striking ``subsection (j),'' and inserting the
following: ``subsection (j) (or proceedings and hearings under
section 11-1732A(d), in the case of magistrate judges for the
Family Court or the Domestic Violence Unit of the Superior
Court),''; and
(B) by inserting after ``appropriate division'' the
following: ``(or, in the case of an order or judgment of a
magistrate judge of the Family Court or the Domestic Violence
Unit of the Superior Court, by a judge of the Family Court or
the Domestic Violence Unit)''.
(4) Section 11-1732(l), District of Columbia Code, is amended by
inserting after ``responsibilities'' the following: ``(subject to the
requirements of section 11-1732A(f) in the case of magistrate judges of
the Family Court of the Superior Court or the Domestic Violence Unit)''.
(c) Clerical Amendment.--The table of sections for subchapter II of
chapter 17 of title 11, District of Columbia, is amended by inserting
after the item relating to section 11-1732 the following new item:
``11-1732A. Special rules for magistrate judges of the Family Court of
the Superior Court and the Domestic Violence Unit.''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of enactment of this Act.
(2) Expedited initial appointments.--
(A) In <<NOTE: Deadline.>> general.--Not later than
60 days after the date of enactment of this Act, the
chief judge of the Superior Court of the District of
Columbia shall appoint 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)), for the purpose of
assisting with the implementation of the transition plan
under section 3(b) of this Act, and in particular with
the transition or disposal of actions or proceedings
pursuant to section 3(b)(2) of this Act.
(B) Transition responsibilities of initially
appointed family court magistrates.--The chief judge of
the Superior Court and the presiding judge of the Family
Division of the Superior Court (acting jointly) shall
first assign the magistrate judges of Family Court
appointed under this paragraph to work with judges to
whom the cases are currently assigned in making case
disposition or transfer decisions as follows:
(i) The action or proceeding involves an
allegation of abuse or neglect.
(ii) The judge to whom the action or
proceeding is assigned as of the date of enactment
of this Act is not assigned to the Family
Division.
[[Page 115 STAT. 2116]]
(iii) The action or proceeding was initiated
in the Family Division prior to the 2-year period
which ends on the date of enactment of this Act.
(C) Rule of construction.--Nothing in this
subsection shall be construed to preclude magistrate
judges appointed pursuant to this subsection from
performing upon appointment any or all of the functions
of magistrate judges of the Family Court or Domestic
Violence Unit as set forth in subsection 11-1732A(d).
SEC. 7. SENSE OF CONGRESS REGARDING BORDER AGREEMENT WITH MARYLAND AND
VIRGINIA.
It is the sense of Congress that the State of Maryland, the
Commonwealth of Virginia, and the District of Columbia should promptly
enter into a border agreement to facilitate the timely and safe
placement of children in the District of Columbia's welfare system in
foster and kinship homes and other facilities in Maryland and Virginia.
SEC. 8. SENSE OF THE SENATE REGARDING THE USE OF COURT APPOINTED SPECIAL
ADVOCATES.
It is the sense of the Senate that the chief judge of the Superior
Court and the presiding judge of the Family Division should take all
steps necessary to encourage, support, and improve the use of Court
Appointed Special Advocates (CASA) in family court actions or
proceedings.
SEC. 9. INTERIM REPORTS.
Not <<NOTE: Deadline.>> 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, lease, or acquisition 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.
[[Page 115 STAT. 2117]]
SEC. 11. EFFECTIVE DATE.
The amendments made by this Act shall take effect upon enactment of
this Act.
Approved January 8, 2002.
LEGISLATIVE HISTORY--H.R. 2657 (S. 1382):
---------------------------------------------------------------------------
SENATE REPORTS: Nos. 107-107 accompanying S. 1382 and 107-108 (both from
Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 147 (2001):
Sept. 20, considered and passed House.
Dec. 14, considered and passed Senate, amended.
Dec. 19, House concurred in Senate amendment.
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