I
106TH CONGRESS
2D SESSION
H. R. 5369
To improve the administrative efficiency and effectiveness of the Nation’s
abuse and neglect courts and for other purposes consistent with the
Adoption and Safe Families Act of 1997.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 3, 2000
Ms. PRYCE of Ohio (for herself, Mr. HYDE, Mr. CAMP, Mrs. JOHNSON of Con-
necticut, and Mr. EWING) introduced the following bill; which was re-
ferred to the Committee on the Judiciary
A BILL
To improve the administrative efficiency and effectiveness
of the Nation’s abuse and neglect courts and for other
purposes consistent with the Adoption and Safe Families
Act of 1997.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Strengthening Abuse
and Neglect Courts Act of 2000’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Under both Federal and State law, the
courts play a crucial and essential role in the Na-
tion’s child welfare system and in ensuring safety,
stability, and permanence for abused and neglected
children under the supervision of that system.
(2) The Adoption and Safe Families Act of
1997 (Public Law 105–89; 111 Stat. 2115) estab-
lishes explicitly for the first time in Federal law that
a child’s health and safety must be the paramount
consideration when any decision is made regarding a
child in the Nation’s child welfare system.
(3) The Adoption and Safe Families Act of
1997 promotes stability and permanence for abused
and neglected children by requiring timely decision-
making in proceedings to determine whether children
can safely return to their families or whether they
should be moved into safe and stable adoptive homes
or other permanent family arrangements outside the
foster care system.
(4) To avoid unnecessary and lengthy stays in
the foster care system, the Adoption and Safe Fami-
lies Act of 1997 specifically requires, among other
things, that States move to terminate the parental
rights of the parents of those children who have
been in foster care for 15 of the last 22 months.
(5) While essential to protect children and to
carry out the general purposes of the Adoption and
Safe Families Act of 1997, the accelerated timelines
for the termination of parental rights and the other
requirements imposed under that Act increase the
pressure on the Nation’s already overburdened abuse
and neglect courts.
(6) The administrative efficiency and effective-
ness of the Nation’s abuse and neglect courts would
be substantially improved by the acquisition and im-
plementation of computerized case-tracking systems
to identify and eliminate existing backlogs, to move
abuse and neglect caseloads forward in a timely
manner, and to move children into safe and stable
families. Such systems could also be used to evaluate
the effectiveness of such courts in meeting the pur-
poses of the amendments made by, and provisions
of, the Adoption and Safe Families Act of 1997.
(7) The administrative efficiency and effective-
ness of the Nation’s abuse and neglect courts would
also be improved by the identification and implemen-
tation of projects designed to eliminate the backlog
of abuse and neglect cases, including the temporary
hiring of additional judges, extension of court hours,
and other projects designed to reduce existing case-
loads.
(8) The administrative efficiency and effective-
ness of the Nation’s abuse and neglect courts would
be further strengthened by improving the quality
and availability of training for judges, court per-
sonnel, agency attorneys, guardians ad litem, volun-
teers who participate in court-appointed special ad-
vocate (CASA) programs, and attorneys who rep-
resent the children and the parents of children in
abuse and neglect proceedings.
(9) While recognizing that abuse and neglect
courts in this country are already committed to the
quality administration of justice, the performance of
such courts would be even further enhanced by the
development of models and educational opportunities
that reinforce court projects that have already been
developed, including models for case-flow procedures,
case management, representation of children, auto-
mated interagency interfaces, and ‘‘best practices’’
standards.
(10) Judges, magistrates, commissioners, and
other judicial officers play a central and vital role in
ensuring that proceedings in our Nation’s abuse and
neglect courts are run efficiently and effectively. The
performance of those individuals in such courts can
only be further enhanced by training, seminars, and
an ongoing opportunity to exchange ideas with their
peers.
(11) Volunteers who participate in court-ap-
pointed special advocate (CASA) programs play a
vital role as the eyes and ears of abuse and neglect
courts in proceedings conducted by, or under the su-
pervision of, such courts and also bring increased
public scrutiny of the abuse and neglect court sys-
tem. The Nation’s abuse and neglect courts would
benefit from an expansion of this program to cur-
rently underserved communities.
(12) Improved computerized case-tracking sys-
tems, comprehensive training, and development of,
and education on, model abuse and neglect court
systems, particularly with respect to underserved
areas, would significantly further the purposes of the
Adoption and Safe Families Act of 1997 by reducing
the average length of an abused and neglected
child’s stay in foster care, improving the quality of
decision-making and court services provided to chil-
dren and families, and increasing the number of
adoptions.
SEC. 3. DEFINITIONS.
In this Act:
(a) ABUSE
AND
NEGLECT
COURTS.—The term
‘‘abuse and neglect courts’’ means the State and local
courts that carry out State or local laws requiring pro-
ceedings (conducted by or under the supervision of the
courts)—
(1) that implement part B and part E of title
IV of the Social Security Act (42 U.S.C. 620 et seq.;
670 et seq.) (including preliminary disposition of
such proceedings);
(2) that determine whether a child was abused
or neglected;
(3) that determine the advisability or appro-
priateness of placement in a family foster home,
group home, or a special residential care facility; or
(4) that determine any other legal disposition of
a child in the abuse and neglect court system.
(b) AGENCY ATTORNEY.—The term ‘‘agency attor-
ney’’ means an attorney or other individual, including any
government attorney, district attorney, attorney general,
State attorney, county attorney, city solicitor or attorney,
corporation counsel, or privately retained special pros-
ecutor, who represents the State or local agency adminis-
trating the programs under parts B and E of title IV of
the Social Security Act (42 U.S.C. 620 et seq.; 670 et
seq.) in a proceeding conducted by, or under the super-
vision of, an abuse and neglect court, including a pro-
ceeding for termination of parental rights.
SEC. 4. GRANTS TO STATE COURTS AND LOCAL COURTS TO
AUTOMATE 
THE 
DATA 
COLLECTION 
AND
TRACKING OF PROCEEDINGS IN ABUSE AND
NEGLECT COURTS.
(a) AUTHORITY TO AWARD GRANTS.—
(1) IN GENERAL.—Subject to paragraph (2),
the Attorney General, acting through the Office of
Juvenile Justice and Delinquency Prevention of the
Office of Justice Programs, shall award grants in
accordance with this section to State courts and
local courts for the purposes of—
(A) enabling such courts to develop and
implement automated data collection and case-
tracking systems for proceedings conducted by,
or under the supervision of, an abuse and ne-
glect court;
(B) encouraging the replication of such
systems in abuse and neglect courts in other ju-
risdictions; and
(C) requiring the use of such systems to
evaluate a court’s performance in implementing
the requirements of parts B and E of title IV
of the Social Security Act (42 U.S.C. 620 et
seq.; 670 et seq.).
(2) LIMITATIONS.—
(A) NUMBER OF GRANTS.—Not less than
20 nor more than 50 grants may be awarded
under this section.
(B) PER
STATE
LIMITATION.—Not more
than 2 grants authorized under this section
may be awarded per State.
(C) USE
OF
GRANTS.—Funds provided
under a grant made under this section may only
be used for the purpose of developing, imple-
menting, or enhancing automated data collec-
tion and case-tracking systems for proceedings
conducted by, or under the supervision of, an
abuse and neglect court.
(b) APPLICATION.—
(1) IN GENERAL.—A State court or local court
may submit an application for a grant authorized
under this section at such time and in such manner
as the Attorney General may determine.
(2) INFORMATION REQUIRED.—An application
for a grant authorized under this section shall con-
tain the following:
(A) A description of a proposed plan for
the development, implementation, and mainte-
nance of an automated data collection and case-
tracking system for proceedings conducted by,
or under the supervision of, an abuse and ne-
glect court, including a proposed budget for the
plan and a request for a specific funding
amount.
(B) A description of the extent to which
such plan and system are able to be replicated
in abuse and neglect courts of other jurisdic-
tions that specifies the common case-tracking
data elements of the proposed system, includ-
ing, at a minimum—
(i) identification of relevant judges,
court, and agency personnel;
(ii) records of all court proceedings
with regard to the abuse and neglect case,
including all court findings and orders
(oral and written); and
(iii) relevant information about the
subject child, including family information
and the reason for court supervision.
(C) In the case of an application submitted
by a local court, a description of how the plan
to implement the proposed system was devel-
oped in consultation with related State courts,
particularly with regard to a State court im-
provement plan funded under section 13712 of
the Omnibus Budget Reconciliation Act of 1993
(42 U.S.C. 670 note) if there is such a plan in
the State.
(D) In the case of an application that is
submitted by a State court, a description of
how the proposed system will integrate with a
State court improvement plan funded under
section 13712 of such Act if there is such a
plan in the State.
(E) After consultation with the State agen-
cy responsible for the administration of parts B
and E of title IV of the Social Security Act (42
U.S.C. 620 et seq.; 670 et seq.)—
(i) a description of the coordination of
the proposed system with other child wel-
fare data collection systems, including the
Statewide automated child welfare infor-
mation system (SACWIS) and the adop-
tion and foster care analysis and reporting
system (AFCARS) established pursuant to
section 479 of the Social Security Act (42
U.S.C. 679); and
(ii) an assurance that such coordina-
tion will be implemented and maintained.
(F) Identification of an independent third
party that will conduct ongoing evaluations of
the feasibility and implementation of the plan
and system and a description of the plan for
conducting such evaluations.
(G) A description or identification of a
proposed funding source for completion of the
plan (if applicable) and maintenance of the sys-
tem after the conclusion of the period for which
the grant is to be awarded.
(H) An assurance that any contract en-
tered into between the State court or local court
and any other entity that is to provide services
for the development, implementation, or mainte-
nance of the system under the proposed plan
will require the entity to agree to allow for rep-
lication of the services provided, the plan, and
the system, and to refrain from asserting any
proprietary interest in such services for pur-
poses of allowing the plan and system to be rep-
licated in another jurisdiction.
(I) An assurance that the system estab-
lished under the plan will provide data that al-
lows for evaluation (at least on an annual basis)
of the following information:
(i) The total number of cases that are
filed in the abuse and neglect court.
(ii) The number of cases assigned to
each judge who presides over the abuse
and neglect court.
(iii) The average length of stay of
children in foster care.
(iv) With respect to each child under
the jurisdiction of the court—
(I) the number of episodes of
placement in foster care;
(II) the number of days placed in
foster care and the type of placement
(foster family home, group home, or
special residential care facility);
(III) the number of days of in-
home supervision; and
(IV) the number of separate fos-
ter care placements.
(v) 
The 
number 
of 
adoptions,
guardianships, or other permanent disposi-
tions finalized.
(vi) The number of terminations of
parental rights.
(vii) The number of child abuse and
neglect proceedings closed that had been
pending for 2 or more years.
(viii) With respect to each proceeding
conducted by, or under the supervision of,
an abuse and neglect court—
(I) the timeliness of each stage of
the proceeding from initial filing
through legal finalization of a perma-
nency plan (for both contested and
uncontested hearings);
(II) the number of adjournments,
delays, and continuances occurring
during the proceeding, including iden-
tification of the party requesting each
adjournment, delay, or continuance
and the reasons given for the request;
(III) the number of courts that
conduct or supervise the proceeding
for the duration of the abuse and ne-
glect case;
(IV) the number of judges as-
signed to the proceeding for the dura-
tion of the abuse and neglect case;
and
(V) the number of agency attor-
neys, children’s attorneys, parent’s at-
torneys, guardians ad litem, and vol-
unteers participating in a court-ap-
pointed special advocate (CASA) pro-
gram assigned to the proceeding dur-
ing the duration of the abuse and ne-
glect case.
(J) A description of how the proposed sys-
tem will reduce the need for paper files and en-
sure prompt action so that cases are appro-
priately listed with national and regional adop-
tion exchanges, and public and private adoption
services.
(K) An assurance that the data collected in
accordance with subparagraph (I) will be made
available to relevant Federal, State, and local
government agencies and to the public.
(L) An assurance that the proposed system
is consistent with other civil and criminal infor-
mation requirements of the Federal govern-
ment.
(M) An assurance that the proposed sys-
tem will provide notice of timeframes required
under the Adoption and Safe Families Act of
1997 (Public Law 105–89; 111 Stat. 2115) for
individual cases to ensure prompt attention and
compliance with such requirements.
(c) CONDITIONS
FOR
APPROVAL
OF
APPLICA-
TIONS.—
(1) MATCHING REQUIREMENT.—
(A) IN GENERAL.—A State court or local
court awarded a grant under this section shall
expend $1 for every $3 awarded under the
grant to carry out the development, implemen-
tation, and maintenance of the automated data
collection and case-tracking system under the
proposed plan.
(B) WAIVER FOR HARDSHIP.—The Attor-
ney General may waive or modify the matching
requirement described in subparagraph (A) in
the case of any State court or local court that
the Attorney General determines would suffer
undue hardship as a result of being subject to
the requirement.
(C) NON-FEDERAL EXPENDITURES.—
(i) CASH OR IN KIND.—State court or
local court expenditures required under
subparagraph (A) may be in cash or in
kind, fairly evaluated, including plant,
equipment, or services.
(ii) NO CREDIT FOR PRE-AWARD EX-
PENDITURES.—Only State court or local
court expenditures made after a grant has
been awarded under this section may be
counted 
for 
purposes 
of 
determining
whether the State court or local court has
satisfied the matching expenditure require-
ment under subparagraph (A).
(2) NOTIFICATION TO STATE OR APPROPRIATE
CHILD
WELFARE
AGENCY.—No application for a
grant authorized under this section may be approved
unless the State court or local court submitting the
application demonstrates to the satisfaction of the
Attorney General that the court has provided the
State, in the case of a State court, or the appro-
priate child welfare agency, in the case of a local
court, with notice of the contents and submission of
the application.
(3) CONSIDERATIONS.—In evaluating an appli-
cation for a grant under this section the Attorney
General shall consider the following:
(A) The extent to which the system pro-
posed in the application may be replicated in
other jurisdictions.
(B) The extent to which the proposed sys-
tem is consistent with the provisions of, and
amendments made by, the Adoption and Safe
Families Act of 1997 (Public Law 105–89; 111
Stat. 2115), and parts B and E of title IV of
the Social Security Act (42 U.S.C. 620 et seq.;
670 et seq.).
(C) The extent to which the proposed sys-
tem is feasible and likely to achieve the pur-
poses described in subsection (a)(1).
(4) DIVERSITY
OF
AWARDS.—The Attorney
General shall award grants under this section in a
manner that results in a reasonable balance among
grants awarded to State courts and grants awarded
to local courts, grants awarded to courts located in
urban areas and courts located in rural areas, and
grants awarded in diverse geographical locations.
(d) LENGTH OF AWARDS.—No grant may be award-
ed under this section for a period of more than 5 years.
(e) AVAILABILITY OF FUNDS.—Funds provided to a
State court or local court under a grant awarded under
this section shall remain available until expended without
fiscal year limitation.
(f) REPORTS.—
(1) ANNUAL REPORT FROM GRANTEES.—Each
State court or local court that is awarded a grant
under this section shall submit an annual report to
the Attorney General that contains—
(A) a description of the ongoing results of
the independent evaluation of the plan for, and
implementation of, the automated data collec-
tion and case-tracking system funded under the
grant; and
(B) the information described in subsection
(b)(2)(I).
(2) INTERIM AND FINAL REPORTS FROM AT-
TORNEY GENERAL.—
(A) 
INTERIM
REPORTS.—Beginning 
years after the date of enactment of this Act,
and biannually thereafter until a final report is
submitted in accordance with subparagraph
(B), the Attorney General shall submit to Con-
gress interim reports on the grants made under
this section.
(B) FINAL REPORT.—Not later than 90
days after the termination of all grants awarded
under this section, the Attorney General shall
submit to Congress a final report evaluating the
automated data collection and case-tracking
systems funded under such grants and identi-
fying successful models of such systems that
are suitable for replication in other jurisdic-
tions. The Attorney General shall ensure that a
copy of such final report is transmitted to the
highest State court in each State.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section,
$10,000,000 for the period of fiscal years 2001 through
2005.
SEC. 5. GRANTS TO REDUCE PENDING BACKLOGS OF
ABUSE AND NEGLECT CASES TO PROMOTE
PERMANENCY FOR ABUSED AND NEGLECTED
CHILDREN.
(a) AUTHORITY TO AWARD GRANTS.—The Attorney
General, acting through the Office of Juvenile Justice and
Delinquency Prevention of the Office of Justice Programs
and in collaboration with the Secretary of Health and
Human Services, shall award grants in accordance with
this section to State courts and local courts for the pur-
poses of—
(1) promoting the permanency goals established
in the Adoption and Safe Families Act of 1997
(Public Law 105–89; 111 Stat. 2115); and
(2) enabling such courts to reduce existing
backlogs of cases pending in abuse and neglect
courts, especially with respect to cases to terminate
parental rights and cases in which parental rights to
a child have been terminated but an adoption of the
child has not yet been finalized.
(b) APPLICATION.—A State court or local court shall
submit an application for a grant under this section, in
such form and manner as the Attorney General shall re-
quire, that contains a description of the following:
(1) The barriers to achieving the permanency
goals established in the Adoption and Safe Families
Act of 1997 that have been identified.
(2) The size and nature of the backlogs of chil-
dren awaiting termination of parental rights or final-
ization of adoption.
(3) The strategies the State court or local court
proposes to use to reduce such backlogs and the plan
and timetable for doing so.
(4) How the grant funds requested will be used
to assist the implementation of the strategies de-
scribed in paragraph (3).
(c) USE OF FUNDS.—Funds provided under a grant
awarded under this section may be used for any purpose
that the Attorney General determines is likely to success-
fully achieve the purposes described in subsection (a), in-
cluding temporarily—
(1) establishing night court sessions for abuse
and neglect courts;
(2) hiring additional judges, magistrates, com-
missioners, hearing officers, referees, special mas-
ters, and other judicial personnel for such courts;
(3) hiring personnel such as clerks, administra-
tive support staff, case managers, mediators, and at-
torneys for such courts; or
(4) extending the operating hours of such
courts.
(d) NUMBER OF GRANTS.—Not less than 15 nor
more than 20 grants shall be awarded under this section.
(e) AVAILABILITY
OF
FUNDS.—Funds awarded
under a grant made under this section shall remain avail-
able for expenditure by a grantee for a period not to ex-
ceed 3 years from the date of the grant award.
(f) REPORT ON USE OF FUNDS.—Not later than the
date that is halfway through the period for which a grant
is awarded under this section, and 90 days after the end
of such period, a State court or local court awarded a
grant under this section shall submit a report to the Attor-
ney General that includes the following:
(1) The barriers to the permanency goals estab-
lished in the Adoption and Safe Families Act of
1997 that are or have been addressed with grant
funds.
(2) The nature of the backlogs of children that
were pursued with grant funds.
(3) The specific strategies used to reduce such
backlogs.
(4) The progress that has been made in reduc-
ing such backlogs, including the number of children
in such backlogs—
(A) whose parental rights have been termi-
nated; and
(B) whose adoptions have been finalized.
(5) Any additional information that the Attor-
ney General determines would assist jurisdictions in
achieving the permanency goals established in the
Adoption and Safe Families Act of 1997.
(g) AUTHORIZATION OF APPROPRIATION.—There are
authorized to be appropriated for the period of fiscal years
2001 and 2002 $10,000,000 for the purpose of making
grants under this section.
SEC. 6. GRANTS TO EXPAND THE COURT-APPOINTED SPE-
CIAL ADVOCATE PROGRAM IN UNDERSERVED
AREAS.
(a) GRANTS TO EXPAND CASA PROGRAMS IN UN-
DERSERVED AREAS.—The Administrator of the Office of
Juvenile Justice and Delinquency Prevention of the De-
partment of Justice shall make a grant to the National
Court-Appointed Special Advocate Association for the pur-
poses of—
(1) expanding the recruitment of, and building
the capacity of, court-appointed special advocate
programs located in the 15 largest urban areas;
(2) 
developing 
regional, 
multijurisdictional
court-appointed special advocate programs serving
rural areas; and
(3) providing training and supervision of volun-
teers in court-appointed special advocate programs.
(b) LIMITATION
ON
ADMINISTRATIVE
EXPENDI-
TURES.—Not more than 5 percent of the grant made
under this subsection may be used for administrative ex-
penditures.
(c) DETERMINATION
OF
URBAN
AND
RURAL
AREAS.—For purposes of administering the grant author-
ized under this subsection, the Administrator of the Office
of Juvenile Justice and Delinquency Prevention of the De-
partment of Justice shall determine whether an area is
one of the 15 largest urban areas or a rural area in ac-
cordance with the practices of, and statistical information
compiled by, the Bureau of the Census.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to make the grant author-
ized under this section, $5,000,000 for the period of fiscal
years 2001 and 2002.
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