PUBLIC LAW 107–114—JAN. 8, 2002

DISTRICT OF COLUMBIA FAMILY COURT ACT

OF 2001

115 STAT. 2100 PUBLIC LAW 107–114—JAN. 8, 2002

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.

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:

‘‘§ 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.’’.

District of

Columbia Family

Court Act of

2001.

Jan. 8, 2002

[H.R. 2657]

PUBLIC LAW 107–114—JAN. 8, 2002 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:

‘‘§ 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:

‘‘§ 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—

115 STAT. 2102 PUBLIC LAW 107–114—JAN. 8, 2002

‘‘(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.—

PUBLIC LAW 107–114—JAN. 8, 2002 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 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.

Deadline.

115 STAT. 2104 PUBLIC LAW 107–114—JAN. 8, 2002

(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

PUBLIC LAW 107–114—JAN. 8, 2002 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

115 STAT. 2106 PUBLIC LAW 107–114—JAN. 8, 2002

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 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.

Deadline.

PUBLIC LAW 107–114—JAN. 8, 2002 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:

‘‘§ 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;

PUBLIC LAW 107–114—JAN. 8, 2002 115 STAT. 2109

‘‘(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.

‘‘§ 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.

‘‘§ 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.

‘‘§ 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

PUBLIC LAW 107–114—JAN. 8, 2002 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.

PUBLIC LAW 107–114—JAN. 8, 2002 115 STAT. 2111

‘‘(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 MANAGE- MENT 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.

‘‘§ 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 onsite 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

PUBLIC LAW 107–114—JAN. 8, 2002 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.

‘‘§ 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 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

Deadline.

115 STAT. 2112 PUBLIC LAW 107–114—JAN. 8, 2002

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 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’’;

Deadline.

115 STAT. 2114 PUBLIC LAW 107–114—JAN. 8, 2002

(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:

‘‘§ 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

115 STAT. 2114 PUBLIC LAW 107–114—JAN. 8, 2002

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) 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,

Certification.

Deadline.

PUBLIC LAW 107–114—JAN. 8, 2002 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 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.

Deadline.

115 STAT. 2116 PUBLIC LAW 107–114—JAN. 8, 2002

(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 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.

Deadline.

PUBLIC LAW 107–114—JAN. 8, 2002 115 STAT. 2117

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.

Æ

SEC. 11. EFFECTIVE DATE.

The amendments made by this Act shall take effect upon enactment of this Act.

Approved January 8, 2002.