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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3977 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 3977

To consolidate, improve, and reauthorize programs that support families 
    and victims in the justice system affected by domestic violence.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2012

  Mr. Honda introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To consolidate, improve, and reauthorize programs that support families 
    and victims in the justice system affected by domestic violence.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Domestic Violence 
Judicial Support Act of 2012''.
    (b) Findings.--The Congress finds as follows:
            (1) The 2010 National Survey by the Centers for Disease 
        Control and Prevention found that 1 in 4 women have been the 
        victim of severe physical violence by an intimate partner, 
        while 1 in 7 men experienced severe physical violence by an 
        intimate partner. Female victims of intimate partner violence 
        experienced different patterns of violence than male victims. 
        Female victims experienced multiple forms of these types of 
        violence; male victims most often experienced physical 
        violence.
            (2) A critical issue in domestic violence cases is the risk 
        of continued victimization during the pretrial period. 
        Offenders may violate no-contact orders, further injure 
        victims, or intimidate them. Such occurrences highlight a 
        critical need for efficiency in court proceedings.
            (3) Of 3,750 intimate partner violence cases filed in State 
        courts in 16 large urban counties in 2002, children were 
        present during the violent incident in 36 percent of the cases. 
        Of those children who were present, 60 percent directly 
        witnessed the violence. Court collection of information and 
        statistics related to children who witnessed a violent incident 
        between intimate partners assists courts in identifying 
        children in need of services as a result of such an incident.
            (4) Domestic violence cases involving spouses and other 
        intimate partners often entail complex processes that require 
        careful consideration by the criminal justice system. In the 
        1990s, many jurisdictions began to create specialized domestic 
        violence courts for judges to ensure follow-through on cases, 
        aid domestic violence victims, and hold offenders accountable, 
        with the assistance of justice and social service agencies. By 
        specializing in domestic violence offenses, these courts aim to 
        process cases more efficiently and deliver more consistent 
        rulings about domestic violence statutes. Some domestic 
        violence courts also incorporate a stronger focus on 
        rehabilitation of offenders and deterrence of repeat offenses. 
        These courts can also be more sensitive to the needs of victims 
        and be able to direct victims to additional community 
        resources.
            (5) One-third of violent felony defendants in State 
        criminal courts have been charged with domestic violence.
            (6) Teen dating violence cases are best handled by courts 
        who have had the training to make informed decisions and have 
        the resources to make services available, on-site and in the 
        community, including--
                    (A) counseling;
                    (B) victim witness services;
                    (C) assistance with civil restraining orders, 
                paternity determinations, custody and access orders, 
                and child support orders; and
                    (D) locating other assistance needed by teen 
                victims.
            (7) There are more than 400,000 children in foster care in 
        the United States. Congress has charged juvenile courts with 
        oversight of child welfare cases. Highly trained and engaged 
        judges focused on effective case oversight and system reform 
        have been shown to save significant foster care costs for the 
        States.
            (8) A 2009 study by the Department of Justice found that 
        Kentucky saved $85,000,000 in one year through the issuance of 
        protection orders and the reduction in violence resulting from 
        the issuance of such orders. Examples such as this are 
        prevalent across the Nation.
            (9) Children with a Court Appointed Special Advocate 
        volunteer spend 7.5 months less in foster care, experience 
        fewer out of home placements, and have significantly improved 
        education performance, compared to their peers without a 
        volunteer advocate.
            (10) By reducing long-term foster care placements, 
        subsequent victimization, and reentry into the foster care 
        system, the Court Appointed Special Advocate program 
        substantially reduces child welfare costs.

SEC. 2. CONSOLIDATION OF GRANTS TO SUPPORT FAMILIES AND VICTIMS IN THE 
              JUSTICE SYSTEM.

    (a) In General.--Title III of division B of the Victims of 
Trafficking and Violence Protection Act of 2000 (Public Law 106-386; 
114 Stat. 1509) is amended by striking the section preceding section 
1302 (42 U.S.C. 10420), as amended by section 306 of the Violence 
Against Women and Department of Justice Reauthorization Act of 2005 
(Public Law 109-162; 119 Stat. 316), and inserting the following:

``SEC. 1301. COURT TRAINING AND SUPERVISED VISITATION IMPROVEMENTS.

    ``(a) In General.--The Attorney General may make grants to States, 
units of local government, courts (including juvenile courts), Indian 
tribal governments, nonprofit organizations, legal services providers, 
and victim services providers to improve the response of all aspects of 
the civil and criminal justice system to families and victims with a 
history of domestic violence, dating violence, sexual assault, or 
stalking, or in cases involving allegations of child sexual abuse.
    ``(b) Use of Funds.--A grant under this section may be used to--
            ``(1) provide supervised visitation and safe visitation 
        exchange of children and youth by and between parents in 
        situations involving domestic violence, dating violence, child 
        sexual abuse, sexual assault, or stalking;
            ``(2) develop and promote State, local, and tribal 
        legislation, policies, and best practices for improving civil 
        and criminal court functions, responses, practices, and 
        procedures in cases involving a history of domestic violence, 
        dating violence, sexual assault, or stalking, or in cases 
        involving allegations of child sexual abuse, including cases in 
        which the victim proceeds pro se;
            ``(3) educate court-based and court-related personnel 
        (including custody evaluators and guardians ad litem) and child 
        protective services workers on the dynamics of domestic 
        violence, dating violence, sexual assault (including child 
        sexual abuse), and stalking, including information on 
        perpetrator behavior, evidence-based risk factors for domestic 
        and dating violence homicide, and on issues relating to the 
        needs of victims, including safety, security, privacy, and 
        confidentiality, including cases in which the victim proceeds 
        pro se;
            ``(4) provide appropriate resources in juvenile court 
        matters to respond to dating violence, domestic violence, 
        sexual assault (including child sexual abuse), and stalking and 
        ensure necessary services dealing with the health and mental 
        health of victims are available;
            ``(5) enable courts or court-based or court-related 
        programs to develop or enhance--
                    ``(A) court infrastructure (such as specialized 
                courts, consolidated courts, dockets, intake centers, 
                or interpreter services);
                    ``(B) community-based initiatives within the court 
                system (such as court watch programs, victim 
                assistants, pro se victim assistance programs, or 
                community-based supplementary services);
                    ``(C) offender management, monitoring, and 
                accountability programs;
                    ``(D) safe and confidential information-storage and 
                information-sharing databases within and between court 
                systems;
                    ``(E) education and outreach programs to improve 
                community access, including enhanced access for 
                underserved populations; and
                    ``(F) other projects likely to improve court 
                responses to domestic violence, dating violence, sexual 
                assault, and stalking;
            ``(6) provide civil legal assistance and advocacy services, 
        including legal information and resources in cases in which the 
        victim proceeds pro se, to--
                    ``(A) victims of domestic violence, dating 
                violence, sexual assault, or stalking; and
                    ``(B) nonoffending parents in matters--
                            ``(i) that involve allegations of child 
                        sexual abuse;
                            ``(ii) that relate to family matters, 
                        including civil protection orders, custody, and 
                        divorce; and
                            ``(iii) in which the other parent is 
                        represented by counsel;
            ``(7) collect data and provide training and technical 
        assistance, including developing State, local, and tribal model 
        codes and policies, to improve the capacity of grantees and 
        communities to address the civil and criminal justice needs of 
        victims of domestic violence, dating violence, sexual assault, 
        and stalking who have legal representation, who are proceeding 
        pro se, or are proceeding with the assistance of a legal 
        advocate; and
            ``(8) improve training and education to assist judges, 
        judicial personnel, attorneys, child welfare personnel, and 
        legal advocates in the civil, criminal, and juvenile justice 
        systems.
    ``(c) Considerations.--
            ``(1) In general.--In making grants for purposes described 
        in paragraphs (1) through (7) of subsection (b), the Attorney 
        General shall consider--
                    ``(A) the number of families and victims to be 
                served by the proposed programs and services;
                    ``(B) the extent to which the proposed programs and 
                services serve underserved populations;
                    ``(C) the extent to which the applicant 
                demonstrates cooperation and collaboration with 
                nonprofit, nongovernmental entities in the local 
                community with demonstrated histories of effective work 
                on domestic violence, dating violence, sexual assault, 
                or stalking, including State or tribal domestic 
                violence coalitions, State or tribal sexual assault 
                coalitions, local shelters, and programs for domestic 
                violence and sexual assault victims; and
                    ``(D) the extent to which the applicant 
                demonstrates coordination and collaboration with State, 
                tribal, and local court systems, including mechanisms 
                for communication and referral.
            ``(2) Other grants.--In making grants under paragraph (8) 
        of subsection (b), the Attorney General shall take consider the 
        extent to which the applicant has experience providing 
        training, education, or other assistance to the judicial system 
        related to family violence, child custody, child abuse and 
        neglect, adoption, foster care, supervised visitation, divorce, 
        and parentage.
    ``(d) Applicant Requirements.--The Attorney General may make a 
grant under this section to an applicant that--
            ``(1) demonstrates expertise in the areas of domestic 
        violence, dating violence, sexual assault, stalking, or child 
        sexual abuse, as appropriate;
            ``(2) ensures that any fees charged to individuals for use 
        of supervised visitation programs and services are based on the 
        income of those individuals, unless otherwise provided by court 
        order;
            ``(3) for a court-based program, certifies that victims of 
        domestic violence, dating violence, sexual assault, or stalking 
        are not charged fees or any other costs related to the filing, 
        petitioning, modifying, issuance, registration, enforcement, 
        withdrawal, or dismissal of matters relating to the domestic 
        violence, dating violence, sexual assault, or stalking;
            ``(4) demonstrates that adequate security measures, 
        including adequate facilities, procedures, and personnel 
        capable of preventing violence, and adequate standards are, or 
        will be, in place (including the development of protocols or 
        policies to ensure that confidential information is not shared 
        with courts, law enforcement agencies, or child welfare 
        agencies unless necessary to ensure the safety of any child or 
        adult using the services of a program funded under this 
        section), if the applicant proposes to operate supervised 
        visitation programs and services or safe visitation exchange;
            ``(5) certifies that the organizational policies of the 
        applicant do not require mediation or counseling involving 
        offenders and victims being physically present in the same 
        place, in cases where domestic violence, dating violence, 
        sexual assault, or stalking is alleged;
            ``(6) certifies that any person providing legal assistance 
        through a program funded under this section has completed or 
        will complete training on domestic violence, dating violence, 
        sexual assault, and stalking, including child sexual abuse, and 
        related legal issues; and
            ``(7) certifies that any person providing custody 
        evaluation or guardian ad litem services through a program 
        funded under this section has completed or will complete 
        training developed with input from and in collaboration with a 
        tribal, State, territorial, or local domestic violence, dating 
        violence, sexual assault, or stalking organization or coalition 
        on the dynamics of domestic violence and sexual assault, 
        including child sexual abuse, that includes training on how to 
        review evidence of past abuse and the use of evidenced-based 
        theories to make recommendations on custody and visitation.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $22,000,000 for each of the 
fiscal years 2013 through 2017. Amounts appropriated pursuant to this 
subsection shall remain available until expended.''.

SEC. 3. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.

    Subtitle B of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
13011 et seq.) is amended--
            (1) in section 216 (42 U.S.C. 13012), by striking ``January 
        1, 2010'' and inserting ``January 1, 2015'';
            (2) in section 217 (42 U.S.C. 13013)--
                    (A) in subparagraph (A) of subsection (c)(2), by 
                striking ``Code of Ethics'' and inserting ``Standards 
                for Programs''; and
                    (B) by adding at the end the following:
    ``(e) Reporting by Grantees.--An organization that receives a grant 
under this section for a fiscal year shall submit to the Administrator 
a report regarding the use of the grant for the fiscal year, including 
a discussion of outcome performance measures (which shall be 
established by the Administrator) to determine the effectiveness of the 
programs of the organization in meeting the needs of children in the 
child welfare system.''; and
            (3) in subsection (a) of section 219 (42 U.S.C. 13014), by 
        striking ``fiscal years 2007 through 2011'' and inserting ``the 
        fiscal years 2013 through 2017''.

SEC. 4. REAUTHORIZATION OF THE CHILD ABUSE TRAINING PROGRAMS FOR 
              JUDICIAL PERSONNEL AND PRACTITIONERS.

    Subsection (a) of section 224 of the Victims of Child Abuse Act of 
1990 (42 U.S.C. 13024) is amended to read as follows:
    ``(a) Authorization.--There is authorized to be appropriated to 
carry out this subtitle $2,300,000 for each of the fiscal years 2013 
through 2017.''.
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