II
Calendar No. 258
107TH CONGRESS
1ST SESSION
H. R. 2657
[Report No. 107–108]
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 21, 2001
Received; read twice and referred to the Committee on Governmental Affairs
DECEMBER 5, 2001
Reported by Mr. LIEBERMAN, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
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 pro-
ceedings in the Family Court, and for other purposes.
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 ‘‘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 Co-
lumbia Code, is amended to read as follows:
‘‘§ 11–902. Organization of the court.
‘‘(a) IN GENERAL.—The Superior Court shall consist
of the Family Court of the Superior Court and the fol-
lowing divisions of the Superior Court:
‘‘(1) The Civil Division.
‘‘(2) The Criminal Division.
‘‘(3) The Probate Division.
‘‘(4) 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 des-
ignate 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 exclusive jurisdiction over the actions, applica-
tions, determinations, adjudications, and proceedings de-
scribed in section 11–1101, except that those actions with-
in the jurisdiction of the Domestic Violence Unit (a section
of the Civil Division, Criminal Division, and the Family
Court) pursuant to Administrative Order No. 96–25 (Oc-
tober 31, 1996) shall remain in that Unit.’’.
(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 Co-
lumbia, is amended by striking ‘‘FAMILY DIVISION’’ and
inserting ‘‘FAMILY COURT’’.
(2) Section 11–1101, District of Columbia Code, is
amended by striking ‘‘Family Division’’ and inserting
‘‘Family Court’’.
(3) 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.—Sec-
tion 16–916.1(o)(6), District of Columbia Code, is
amended by striking ‘‘Family Division’’ and insert-
ing ‘‘Family Court of the Superior Court’’.
(2) EXPEDITED JUDICIAL HEARING OF CASES
BROUGHT BEFORE HEARING COMMISSIONERS.—Sec-
tion 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
PRO-
CEEDINGS.—Chapter 23 of title 16, District of Co-
lumbia 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.
‘‘Upon the effective date of the District of Columbia
Family Court Act of 2001, any reference in this chapter
or any other Federal or District of Columbia law, Execu-
tive 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 sec-
tions for subchapter I of chapter 23 of title 16, Dis-
trict 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; NUM-
BER 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 insert-
ing 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.—The number of judges
serving on the Family Court of the Superior Court at any
time may not be—
‘‘(1) less than the number of judges determined
by the chief judge of the Superior Court to be need-
ed to serve on the Family Court under the transition
plan for the Family Court prepared and submitted
to the President and Congress under section 3(b) of
the District of Columbia Family Court Act of 2001;
or
‘‘(2) greater than 15.
‘‘(b) QUALIFICATIONS.—The chief judge may not as-
sign an individual to serve on the Family Court of the
Superior Court unless—
‘‘(1) the individual has training or expertise in
family law;
‘‘(2) the individual certifies to the chief judge
that the individual intends to serve the full term of
service, except that this paragraph shall not apply
with respect to individuals serving as senior judges
under section 11–1504; and
‘‘(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).
‘‘(c) TERM OF SERVICE.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (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 FAM-
ILY COURT ACT.—
‘‘(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 Co-
lumbia Family Court Act of 2001, the 3-year
term applicable under subparagraph (A) shall
be reduced by the length of any period of con-
secutive service as a judge in such Division as
of 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) or paragraph
(2)) expires, at the judge’s request the judge may be
assigned for additional service on the Family Court
for a period of such duration (consistent with section
431(c) of the District of Columbia Home Rule Act)
as the chief judge may provide.
‘‘(4) PERMITTING SERVICE ON FAMILY COURT
FOR ENTIRE TERM.—At the request of the judge, a
judge may serve as a judge of the Family Court for
the judge’s entire term of service as a judge of the
Superior Court under section 431(c) of the District
of Columbia Home Rule Act.
‘‘(d) REASSIGNMENT
TO OTHER DIVISIONS.—The
chief judge may reassign a judge of the Family Court to
any division of the Superior Court if the chief judge deter-
mines that 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 Co-
lumbia 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
number of judges needed to serve on the Family
Court.
(B) The chief judge’s determination of the
role and function of the presiding judge of 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 manage-
ment, and staffing needs (including the needs
for both judicial and nonjudicial personnel) for
the Family Court.
(F) A description of how the Superior
Court will meet the requirements of section 11–
1104(a), District of Columbia Code (as added
by section 4(a)), regarding the promulgation of
rules to enforce the ‘‘one family, one judge’’ re-
quirement for cases and proceedings in the
Family Court.
(G) An analysis of the needs of the Family
Court for space, equipment, and other physical
plant requirements, as determined in consulta-
tion with the Administrator of General Services.
(H) An analysis of the success of the use
of magistrate judges under the expedited ap-
pointment 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)).
(I) Consistent with the requirements of
paragraph (2), a proposal and timetable for the
disposition of actions and proceedings pending
in the Family Division of the Superior Court as
of the date of the enactment of this Act (to-
gether with actions and proceedings described
in section 11–1101, District of Columbia Code,
which were initiated in the Family Division but
remain pending in other Divisions of the Supe-
rior Court as of such date) in a manner con-
sistent with applicable Federal and District of
Columbia law and best practices, including (but
not limited to) best practices developed by the
American Bar Association and the National
Council of Juvenile and Family Court Judges.
(2) DISPOSITION AND TRANSFER OF PENDING
ACTIONS
AND
PROCEEDINGS.—The chief judge of
the Superior Court shall take such actions as may
be necessary to provide for the earliest practicable
disposition of actions and proceedings pending in the
Family Division of the Superior Court as of the date
of the enactment of this Act (together with actions
and proceedings described in section 11–1101, Dis-
trict of Columbia Code, which were initiated in the
Family Division but remain pending in other Divi-
sions of the Superior Court as of such date), but in
no event may any such action or proceeding remain
pending longer than 18 months after the date the
chief judge submits the transition plan required
under paragraph (1) to the President and Congress.
(3)
TRANSFER
OF
ACTIONS
AND
PRO-
CEEDINGS.—The chief judge of the Superior Court
shall take such steps as may be required to ensure
that each action or proceeding within the jurisdiction
of the Family Court of the Superior Court (as de-
scribed in section 11–902(d), District of Columbia
Code, as amended by subsection (a)) which is pend-
ing as of the effective date described in section 9 is
transferred or otherwise assigned to the Family
Court immediately upon such date.
(4) 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
APPROPRIATE
NUMBER
OF
JUDGES.—
(1) ANALYSIS BY CHIEF JUDGE OF SUPERIOR
COURT.—The chief judge of the Superior Court of
the District of Columbia shall include in the transi-
tion plan prepared under subsection (b)—
(A) the chief judge’s determination of the
number of individuals serving as judges of the
Superior Court who meet the qualifications for
judges of the Family Court of the Superior
Court under section 11–908A, District of Co-
lumbia Code (as added by subsection (a)); and
(B) if the chief judge determines that the
number of individuals described in subpara-
graph (A) is less than the number of individuals
the chief judge is required to assign to the
Family Court under such section, a request
that the President appoint (in accordance with
section 433 of the District of Columbia Home
Rule Act) such additional number of individuals
to serve on the Superior Court who meet the
qualifications for judges of the Family Court
under such section as may be required to enable
the chief judge to make the required number of
assignments.
(2) ONE-TIME APPOINTMENT OF ADDITIONAL
JUDGES TO SUPERIOR COURT FOR SERVICE ON FAM-
ILY
COURT.—If the President receives a request
from the chief judge of the Superior Court of the
District of Columbia under paragraph (1)(B), the
President (in accordance with section 433 of the
District of Columbia Home Rule Act) shall appoint
additional judges to the Superior Court who meet
the qualifications for judges of the Family Court in
a number equal to the number of additional appoint-
ments so requested by the chief judge, and each
judge so appointed shall be assigned by the chief
judge to serve on the Family Court of the Superior
Court.
(3) 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 Co-
lumbia 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 addi-
tional appointments so requested by the chief judge.
In carrying out this paragraph, the District of Co-
lumbia Judicial Nomination Commission shall re-
cruit individuals for possible nomination and ap-
pointment to the Superior Court who meet the quali-
fications for judges of the Family Court of the Supe-
rior Court.
(4) JUDGES APPOINTED UNDER ONE-TIME AP-
POINTMENT PROCEDURES NOT TO COUNT AGAINST
LIMIT ON NUMBER OF SUPERIOR COURT JUDGES.—
Any judge who is appointed to the Superior Court
of the District of Columbia pursuant to the one-time
appointment procedures under this subsection for
assignment to the Family Court of the Superior
Court shall be appointed without regard to the limit
on the number of judges of the Superior Court
under section 11–903, District of Columbia Code.
Any judge who is appointed to the Superior Court
under any procedures other than the one-time ap-
pointment procedures under this subsection shall
count against such limit, without regard to whether
or not the judge is appointed to replace a judge ap-
pointed under the one-time appointment procedures
under this subsection or is otherwise assigned to 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 Comp-
troller General shall prepare and submit to Congress
and the chief judge of the Superior Court of the Dis-
trict of Columbia a report on the implementation of
this Act (including the effect of the transition plan
under subsection (b) on the implementation of this
Act), 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 amend-
ments 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 appoint-
ments.
(B) An analysis of the impact of mag-
istrate judges for the Family Court (including
the expedited initial appointment of magistrate
judges for the Court under section 6(d)) on the
workload of judges and other personnel of the
Court.
(C) An analysis of the number of judges
needed for the Family Court, including an anal-
ysis of how the number may be affected by the
qualification requirements for judges, the avail-
ability of magistrate judges, and other provi-
sions 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 subsection (b)(1)(I) and
(b)(2)), 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 para-
graph (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) ONGOING REPORTS
ON PENDING CASES
AND
PROCEEDINGS.—
(1) IN GENERAL.—The chief judge of the Supe-
rior Court of the District of Columbia shall submit
a status report to the President and Congress on the
disposition of actions and proceedings pending in the
Family Division of the Superior Court as of the date
of the enactment of this Act (together with actions
and proceedings described in section 11–1101, Dis-
trict of Columbia Code, which were initiated in the
Family Division but remain pending in other Divi-
sions of the Superior Court as of such date) and the
extent to which the Court is in compliance with the
requirements of this Act regarding the timetable for
the disposition of such actions and proceedings.
(2) TIMING OF REPORTS.—The chief judge of
the Superior Court shall submit the report required
under paragraph (1) not later than 6 months after
submitting the transition plan under subsection (b)
and every 6 months thereafter until the final disposi-
tion or transfer to the Family Court of all of the ac-
tions and proceedings described in such paragraph.
(f) 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’’.
(g) 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 PRO-
CEEDINGS IN FAMILY COURT.
(a) IN GENERAL.—Chapter 11 of title 11, District
of Columbia, is amended by adding at the end the fol-
lowing new sections:
‘‘§ 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 resolu-
tion procedures, in accordance with such rules as the Su-
perior Court may promulgate.
‘‘§ 11–1103. Standards of practice for appointed coun-
sel.
‘‘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.—
‘‘(1) IN GENERAL.—The Superior Court shall
promulgate rules for the Family Court which require
all issues within the jurisdiction of the Family Court
concerning one family or one child to be decided by
one judge, to the greatest extent practicable, fea-
sible, and lawful.
‘‘(2)
SPECIFIC
REQUIREMENTS.—Under
the
rules promulgated by the Superior Court under
paragraph (1), to the greatest extent practicable,
feasible, and lawful—
‘‘(A) 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 as-
signed to the same judge or magistrate judge to
whom the immediate family member’s action or
proceeding is assigned; and
‘‘(B) if an individual who is a party to an
action or proceeding assigned to the Family
Court becomes a party to another action or pro-
ceeding assigned to the Family Court, the indi-
vidual’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.
‘‘(b) RETENTION OF JURISDICTION OVER CASES.—
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 fi-
nally disposed. If the judge to whom the action or pro-
ceeding is assigned ceases to serve on the Family Court
prior to the final disposition of the action or proceeding,
the presiding judge of the Family Court shall ensure that
the matter or proceeding is reassigned to a judge serving
on the Family Court, unless there are extraordinary cir-
cumstances, subject to approval and certification by the
presiding judge and based on appropriate documentation
in the record, which demonstrate that a case is nearing
permanency and that changing judges would both delay
that goal and result in a violation of the Adoption and
Safe Families Act of 1997 (or an amendment made by
such Act).
‘‘(c) TRAINING PROGRAM.—
‘‘(1) IN GENERAL.—The presiding judge of the
Family Court shall carry out an ongoing program to
provide training in family law and related matters
for judges of the Family Court, other judges of the
Superior Court, and appropriate nonjudicial per-
sonnel, and shall include in the program information
and instruction regarding the following:
‘‘(A) Child development.
‘‘(B) Family dynamics.
‘‘(C) Relevant Federal and District of Co-
lumbia laws.
‘‘(D) Permanency planning principles and
practices.
‘‘(E) Recognizing the risk factors for child
abuse.
‘‘(F)
Any
other
matters
the
presiding
judge considers appropriate.
‘‘(2) USE OF CROSS-TRAINING.—The program
carried out under this section shall use the resources
of lawyers and legal professionals, social workers,
and experts in the field of child development and
other related fields.
‘‘(d) ACCESSIBILITY OF MATERIALS, SERVICES, AND
PROCEEDINGS; PROMOTION OF ‘FAMILY-FRIENDLY’ EN-
VIRONMENT.—
‘‘(1) IN
GENERAL.—To the greatest extent
practicable, the chief judge of the Superior Court
shall ensure that the materials and services provided
by the Family Court are understandable and acces-
sible to the individuals and families served by the
Court, and that the Court carries out its duties in
a manner which reflects the special needs of families
with children.
‘‘(2)
LOCATION
OF
PROCEEDINGS.—To
the
maximum
extent
feasible,
safe,
and
practicable,
cases and proceedings in the Family Court shall be
conducted at locations readily accessible to the par-
ties 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 Joint Committee on Judicial Adminis-
tration in the District of Columbia—
‘‘(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(c) of the District of Columbia Family Court Act
of 2001;
‘‘(2) to establish and operate an electronic
tracking and management system for cases and pro-
ceedings 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 divi-
sions of the Superior Court as soon as practicable.
‘‘§ 11–1105. Social services and other related services.
‘‘(a) ON-SITE COORDINATION OF SERVICES AND IN-
FORMATION.—
‘‘(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 serv-
ices to individuals and families served by the Family
Court (including the District of Columbia Public
Schools, the District of Columbia Housing Author-
ity, the Child and Family Services Agency, the Of-
fice 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 provi-
sion 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), in-
cluding the Superintendent of the District of Colum-
bia Public Schools and the Director of the District
of Columbia Housing Authority, shall provide the
Mayor with such information, assistance, and serv-
ices 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 Co-
lumbia shall appoint an individual to serve as a liaison
between the Family Court and the District government for
purposes of subsection (a) and for coordinating the deliv-
ery of services provided by the District government with
the activities of the Family Court and for providing infor-
mation to the judges, magistrate judges, and nonjudicial
personnel of the Court regarding the services available
from the District government to the individuals and fami-
lies served by the Court. The Mayor shall provide on an
ongoing basis information to the chief judge of the Supe-
rior 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.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to the Mayor of the Dis-
trict of Columbia for each fiscal year such sums as may
be necessary to carry out this section.
‘‘§ 11–1106. Reports to Congress.
‘‘Not later than 90 days after the end of each cal-
endar 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 pro-
ductivity and success of the use of alternative dis-
pute resolution pursuant to section 11–1102.
‘‘(2) Goals and timetables to improve the Fam-
ily Court’s performance in the following year.
‘‘(3) Information on the extent to which the
Court met deadlines and standards applicable under
Federal and District of Columbia law to the review
and disposition of actions and proceedings under the
Court’s jurisdiction during the year.
‘‘(4) Information on the progress made in find-
ing and utilizing suitable locations and space for the
Family Court.
‘‘(5) Information on any factors which are not
under the control of the Family Court which inter-
fere with or prevent the Court from carrying out its
responsibilities in the most effective manner possible.
‘‘(6)
Based
on
outcome
measures
derived
through the use of the information stored in elec-
tronic format under section 11–1104(d), an analysis
of the Court’s efficiency and effectiveness in man-
aging its case load during the year, including an
analysis of the time required to dispose of actions
and proceedings among the various categories of the
Court’s jurisdiction, as prescribed by applicable law
and best practices, including (but not limited to)
best practices developed by the American Bar Asso-
ciation and the National Council of Juvenile and
Family Court Judges.
‘‘(7) If the Court failed to meet the deadlines,
standards, and outcome measures described in the
previous paragraphs, a proposed remedial action
plan to address the failure.’’.
(b) EXPEDITED APPEALS
FOR CERTAIN FAMILY
COURT ACTIONS AND PROCEEDINGS.—Section 11–721,
District of Columbia Code, is amended by adding at the
end the following new subsection:
‘‘(g) Any appeal from an order of the Family Court
of the District of Columbia terminating parental rights or
granting or denying a petition to adopt shall receive expe-
dited review by the District of Columbia Court of Appeals
and shall be certified by the appellant.’’.
(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 De-
partment, the Department of Health, and other of-
fices determined by the Mayor) will be able to access
and share information on the individuals and fami-
lies 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), sub-
section (b), subsection (d), subsection (i), sub-
section (l), and subsection (n) and inserting
‘‘magistrate judges’’;
(B) by striking ‘‘hearing commissioner’’
each place it appears in subsection (b), sub-
section (c), subsection (e), subsection (f), sub-
section (g), subsection (h), and subsection (j)
and inserting ‘‘magistrate judge’’;
(C) by striking ‘‘hearing commissioner’s’’
each place it appears in subsection (e) and sub-
section (k) and inserting ‘‘magistrate judge’s’’;
(D) by striking ‘‘Hearing commissioners’’
each place it appears in subsections (b), (d),
and (i) and inserting ‘‘Magistrate judges’’; and
(E) in the heading, by striking ‘‘Hearing
commissioners’’
and
inserting
‘‘Mag-
istrate Judges’’.
(2) CONFORMING AMENDMENTS.—(A) Section
11–1732(c)(3), District of Columbia Code, is amend-
ed by striking ‘‘, except that’’ and all that follows
and inserting a period.
(B) Section 16–924, District of Columbia Code,
is amended—
(i)
by
striking
‘‘hearing
commissioner’’
each place it appears and inserting ‘‘magistrate
judge’’; and
(ii) in subsection (f), by striking ‘‘hearing
commissioner’s’’
and
inserting
‘‘magistrate
judge’s’’.
(3) CLERICAL AMENDMENT.—The item relating
to section 11–1732 of the table of sections of chap-
ter 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 Co-
lumbia 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 Dis-
trict of Columbia Code shall not be required to be a resi-
dent of the District of Columbia to be eligible to be re-
appointed.
(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 FAM-
ILY 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
Family Court of the Superior Court.
‘‘(a) USE OF SOCIAL WORKERS IN ADVISORY MERIT
SELECTION PANEL.—The advisory selection merit panel
used in the selection of magistrate judges for the Family
Court of the Superior Court under section 11–1732(b)
shall include certified social workers specializing in child
welfare matters who are residents of the District and who
are not employees of the District of Columbia Courts.
‘‘(b)
SPECIAL
QUALIFICATIONS.—Notwithstanding
section 11–1732(c), no individual shall be appointed as a
magistrate judge for the Family Court of the Superior
Court unless that individual—
‘‘(1) is a citizen of the United States;
‘‘(2) is an active member of the unified District
of Columbia Bar;
‘‘(3) for the 5 years immediately preceding the
appointment has been engaged in the active practice
of law in the District, has been on the faculty of a
law school in the District, or has been employed as
a lawyer by the United States or District govern-
ment, or any combination thereof;
‘‘(4) has not fewer than 3 years of training or
experience in the practice of family law; and
‘‘(5) 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 imme-
diately prior to appointment (or becomes a bona fide
resident of the District of Columbia and maintains
an actual place of abode in the District not later
than 90 days after appointment), and retains such
residency during service as a magistrate.
‘‘(c)
SERVICE
OF
CURRENT
HEARING
COMMIS-
SIONERS.—Those individuals serving as hearing commis-
sioners under section 11–1732 on the effective date of this
section who meet the qualifications described in subsection
(b)(4) may request to be appointed as magistrate judges
for the Family Court of the Superior Court under such
section.
‘‘(d) FUNCTIONS.—A magistrate judge, when specifi-
cally designated by the presiding judge of the Family
Court of the Superior Court, and subject to the rules of
the Superior Court and the right of review under section
11–1732(k), may perform the following functions:
‘‘(1) Administer oaths and affirmations and
take acknowledgements.
‘‘(2) Subject to the rules of the Superior Court
and applicable Federal and District of Columbia law,
conduct hearings, make findings and enter interim
and final orders or judgments in uncontested or con-
tested proceedings within the jurisdiction of the
Family Court of the Superior Court (as described in
section 11–1101), excluding jury trials and trials of
felony cases, as assigned by the presiding judge of
the Family Court.
‘‘(3) Subject to the rules of the Superior Court,
enter an order punishing an individual for contempt,
except that no individual may be detained pursuant
to the authority of this paragraph for longer than
180 days.
‘‘(e) LOCATION OF PROCEEDINGS.—To the maximum
extent feasible, safe, and practicable, magistrate judges of
the Family Court of the Superior Court shall conduct pro-
ceedings at locations readily accessible to the parties in-
volved.
‘‘(f) TRAINING.—The Family Court of the Superior
Court shall ensure that all magistrate judges of the Fam-
ily 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 insert-
ing after ‘‘the duties enumerated in subsection (j) of this
section’’ the following: ‘‘(or, in the case of magistrate
judges for the Family Court of the Superior Court, the
duties enumerated in section 11–1732A(d))’’.
(2) Section 11–1732(c), District of Columbia Code,
is amended by striking ‘‘No individual’’ and inserting ‘‘Ex-
cept as provided in section 11–1732A(b), no individual’’.
(3) Section 11–1732(k), District of Columbia Code,
is amended—
(A) by striking ‘‘subsection (j),’’ and inserting
the following: ‘‘subsection (j) (or proceedings and
hearings under section 11–1732A(d), in the case of
magistrate judges for the Family Court of the Supe-
rior Court),’’; and
(B) by inserting after ‘‘appropriate division’’
the following: ‘‘(or, in the case of an order or judg-
ment of a magistrate judge of the Family Court of
the Superior Court, by a judge of the Family
Court)’’.
(4) Section 11–1732(l), District of Columbia Code,
is amended by inserting after ‘‘responsibilities’’ the fol-
lowing: ‘‘(subject to the requirements of section 11–
1732A(f) in the case of magistrate judges of the Family
Court of the Superior Court)’’.
(c) CLERICAL AMENDMENT.—The table of sections
for subchapter II of chapter 17 of title 11, District of Co-
lumbia, is amended by inserting after the item relating
to section 11–1732 the following new item:
‘‘11–1732A. Special rules for magistrate judges of Family Court of the Superior
Court.’’.
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by
this section shall take effect on the date of the en-
actment of this Act.
(2) EXPEDITED INITIAL APPOINTMENTS.—
(A) IN GENERAL.—Not later than 30 days
after the date of the enactment of this Act, the
chief judge of the Superior Court of the District
of Columbia shall appoint not more than 5 indi-
viduals to serve as magistrate judges for the
Family Division of the Superior Court in ac-
cordance with the requirements of sections 11–
1732 and 11–1732A, District of Columbia Code
(as added by subsection (a)).
(B) APPOINTMENTS MADE WITHOUT RE-
GARD
TO
SELECTION
PANEL.—Sections 11–
1732(b) and 11–1732A(a), District of Columbia
Code (as added by subsection (a)) shall not
apply with respect to any magistrate judge ap-
pointed under this paragraph.
(C) PRIORITY FOR CERTAIN ACTIONS AND
PROCEEDINGS.—The chief judge of the Supe-
rior Court and the presiding judge of the Fam-
ily Division of the Superior Court (acting joint-
ly) shall first assign and transfer to the mag-
istrate judges appointed under this paragraph
actions and proceedings described as follows:
(i) The action or proceeding involves
an allegation of abuse or neglect.
(ii) The action or proceeding was ini-
tiated in the Family Division prior to the
2-year period which ends on the date of
the enactment of this Act.
(iii) The judge to whom the action or
proceeding is assigned as of the date of the
enactment of this Act is not assigned to
the Family Division.
(3)
SPECIAL
REFERENCES
DURING
TRANSI-
TION.—During the period which begins on the date
of the enactment of this Act and ends on the effec-
tive date described in section 9, any reference to the
Family Court of the Superior Court of the District
of Columbia in any provision of law added or amend-
ed by this section shall be deemed to be a reference
to the Family Division of the Superior Court of the
District of Columbia.
SEC. 7. SENSE OF CONGRESS REGARDING BORDER AGREE-
MENT WITH MARYLAND AND VIRGINIA.
It is the sense of Congress that the State of Mary-
land, 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 Vir-
ginia.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Dis-
trict of Columbia courts such sums as may be necessary
to carry out this Act and the amendments made by this
Act, including sums necessary for salaries and expenses
and capital improvements for the District of Columbia
courthouse facilities.
SEC. 9. EFFECTIVE DATE.
The amendments made by sections 2 and 4 shall take
effect on the first date occurring after the date of the en-
actment of this Act on which 10 individuals who meet the
qualifications described in section 11–908A, District of
Columbia Code (as added by section 3(a)) are available
to be assigned by the chief judge of the Superior Court
of the District of Columbia to serve as associate judges
of the Family Court of the Superior Court (as certified
by the chief judge).
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 Colum-
bia 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.
(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 amend-
ed by striking ‘‘Family Division’’ and inserting
‘‘Family Court of the Superior Court’’.
(2) EXPEDITED
JUDICIAL
HEARING
OF
CASES
BROUGHT
BEFORE
HEARING
COMMISSIONERS.—Sec-
tion 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 fol-
lowing 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, regula-
tion, delegation of authority, or any document of or per-
taining 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 Co-
lumbia.’’.
(4) CLERICAL AMENDMENT.—The table of sec-
tions for subchapter I of chapter 23 of title 16, Dis-
trict 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; NUM-
BER AND QUALIFICATIONS.
(a) NUMBER OF JUDGES FOR FAMILY COURT; QUALI-
FICATIONS 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 serv-
ing on the Family Court of the Superior Court shall
be not more than 15.
‘‘(2) EXCEPTION.—If the chief judge determines
that, in order to carry out the intent and purposes of
this Act, 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, the chief judge
may temporarily reassign qualified judges from other
divisions of the Superior Court or qualified senior
judges to serve on the Family Court. Such reassigned
judges shall not be subject to the term of service re-
quirements of this Act.
‘‘(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 nec-
essary 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 reassign-
ment 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 as-
sign an individual to serve on the Family Court of the Su-
perior 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 tem-
porary judges under section 11–908, and any other
judge serving in another division of the Superior
Court;
‘‘(3) the individual certifies to the chief judge
that the individual will participate in the ongoing
training programs carried out for judges of the Fam-
ily Court under section 11–1104(c); and
‘‘(4) the individual meets the requirements of sec-
tion 11–1501(b).
‘‘(c) TERM OF SERVICE.—
‘‘(1) IN GENERAL.—
‘‘(A) SITTING JUDGES.—An individual as-
signed to serve as a judge of the Family Court
of the Superior Court who is serving as a judge
in the Superior Court on the date of enactment
of the District of Columbia Family Court Act of
2001 shall serve in the Family Court for a term
of not fewer than 3 years as determined by the
chief judge of the Superior Court (including any
period of service on the Family Division of the
Superior Court immediately preceding the date
of enactment of such Act).
‘‘(B) NEW
JUDGES.—An individual as-
signed to serve as a judge of the Family Court
of the Superior Court who is not serving as a
judge in the Superior Court on the date of enact-
ment of the District of Columbia Family Court
Act of 2001 shall serve for a term of 5 years.
‘‘(2) ASSIGNMENT FOR ADDITIONAL SERVICE.—
After the term of service of a judge of the Family
Court (as described in paragraph (1)) expires, at the
judge’s request and with the approval of the chief
judge, the judge may be assigned for additional serv-
ice on the Family Court for a period of such duration
(consistent with section 431(c) of the District of Co-
lumbia Home Rule Act) as the chief judge may pro-
vide.
‘‘(3) 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 Con-
gress a transition plan for the Family Court of the
Superior Court, and shall include in the plan the fol-
lowing:
(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 per-
sonnel 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 Fam-
ily Court.
(F) A plan for space, equipment, and other
physical plant needs and requirements during
the transition, as determined in consultation
with the Administrator of General Services.
(G) An analysis of the number of mag-
istrate judges needed under the expedited ap-
pointment 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 enact-
ment 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 Colum-
bia law and best practices, including best prac-
tices developed by the American Bar Association
and the National Council of Juvenile and Fam-
ily 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
PROPOSAL
FOR
TRANSFER
OR
DISPOSITION
OF
ACTIONS
AND
PRO-
CEEDINGS 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 ac-
tions and proceedings under paragraph (1)(H)
to ensure that each child abuse and neglect ac-
tion of the Superior Court (as described in sec-
tion 11–902(d), District of Columbia Code, as
amended by subsection (a)) is transferred to the
Family Court or otherwise disposed of as pro-
vided in subparagraph (B). The requirement of
this subparagraph shall not apply to a child
abuse or neglect action pending before a senior
judge as defined in section 11–1504, District of
Columbia Code.
(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 pend-
ing with a judge not serving on the Family
Court upon the expiration of 18 months
after the filing of the transition plan re-
quired under paragraph (1).
(ii) RULE OF CONSTRUCTION.—Noth-
ing 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 ne-
glect cases that were initiated in the Family Di-
vision but remain pending before judges in other
Divisions of the Superior Court as of the date of
enactment of this Act may remain before judges
in such other Divisions when—
(i) the case remains at all times in full
compliance with section 103(a)(3) of Public
Law 105–89 (42 U.S.C. 675(5)(E)); and
(ii) the case has been assigned continu-
ously to the judge for 18 months or more
and the judge has a special knowledge of the
child’s needs, such that reassignment would
be harmful to the child.
(D) PROGRESS REPORTS.—The chief judge
of the Superior Court shall report to the Com-
mittee on Appropriations of each House, the
Committee on Governmental Affairs of the Sen-
ate, and the Committee on Government Reform
of the House of Representatives at 6-month inter-
vals for a period of 2 years after the date of en-
actment of this Act on the progress made towards
disposing of actions or proceedings described in
subparagraph (B).
(3) EFFECTIVE DATE OF IMPLEMENTATION OF
PLAN.—The chief judge of the Superior Court may
not take any action to implement the transition plan
under this subsection until the expiration of the 30-
day period which begins on the date the chief judge
submits the plan to the President and Congress under
paragraph (1).
(c) TRANSITION TO REQUIRED NUMBER OF JUDGES.—
(1) ANALYSIS BY CHIEF JUDGE OF SUPERIOR
COURT.—The chief judge of the Superior Court of the
District of Columbia shall include in the transition
plan prepared under subsection (b)—
(A) the chief judge’s determination of the
number of individuals serving as judges of the
Superior Court who—
Court equal to the number of additional appoint-
ments so requested by the chief judge, except that the
deadline for the submission by the District of Colum-
bia 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 Commis-
sion 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 Co-
lumbia a report on the implementation of this Act
(including the transition plan under subsection (b)),
and shall include in the report the following:
(A) An analysis of the procedures used to
make the initial appointments of judges of the
Family Court under this Act and the amend-
ments 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 expe-
dited initial appointment of magistrate judges
for the Court under section 6(d)) on the workload
of judges and other personnel of the Court.
(C) An analysis of the number of judges
needed for the Family Court, including an anal-
ysis of how the number may be affected by the
qualification requirements for judges, the avail-
ability of magistrate judges, and other provisions
of this Act or the amendments made by this Act.
(2) SUBMISSION TO CHIEF JUDGE OF SUPERIOR
COURT.—Prior to submitting the report under para-
graph (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 sec-
tion 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 PRO-
CEEDINGS IN FAMILY COURT.
(a) IN GENERAL.—Chapter 11 of title 11, District of
Columbia, is amended by striking section 1101 and insert-
ing 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 mar-
riage and legal separation from bed and board, in-
cluding 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 prop-
erty rights, both real and personal, in any action re-
ferred to in this section, irrespective of any jurisdic-
tional limitation imposed on the Superior Court;
‘‘(9) proceedings in adoption;
‘‘(10) proceedings under the Act of July 10, 1957
(D.C. Code, secs. 30–301 to 30–324);
‘‘(11) proceedings to determine paternity of any
child born out of wedlock;
‘‘(12) civil proceedings for protection involving
intrafamily offenses, instituted pursuant to chapter
10 of title 16;
‘‘(13) proceedings in which a child, as defined in
section 16–2301, is alleged to be delinquent, neglected,
or in need of supervision;
‘‘(14) proceedings under chapter 5 of title 21 re-
lating to the commitment of the mentally ill;
‘‘(15) proceedings under chapter 11 of title 21 re-
lating to the commitment of the substantially re-
tarded; and
‘‘(16) proceedings under Interstate Compact on
Juveniles (described in title IV of the District of Co-
lumbia Court Reform and Criminal Procedure Act of
1970).
‘‘(b) DEFINITION.—
‘‘(1) IN GENERAL.—In this chapter, the term ‘ac-
tion 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 Do-
mestic 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 proce-
dures, in accordance with such rules as the Superior Court
may promulgate.
‘‘§ 11–1103. Standards of practice for appointed coun-
sel
‘‘The Superior Court shall establish standards of prac-
tice 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 prac-
ticable, 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 Fam-
ily Court, the individual’s action or proceeding shall be as-
signed to the same judge or magistrate judge to whom the
immediate family member’s action or proceeding is as-
signed.
‘‘(b) RETENTION OF JURISDICTION OVER CASES.—
‘‘(1) IN GENERAL.—In addition to the require-
ment of subsection (a), any action or proceeding as-
signed to the Family Court of the Superior Court
shall remain under the jurisdiction of the Family
Court until the action or proceeding is finally dis-
posed, except as provided in paragraph (2)(C).
‘‘(2) ONE FAMILY, ONE JUDGE.—
‘‘(A) FOR THE DURATION.—An action or
proceeding assigned pursuant to this subsection
shall remain with the judge or magistrate judge
to whom the action or proceeding is assigned for
the duration of the action or proceeding to the
greatest extent practicable, feasible, and lawful.
‘‘(B) ALL
CASES
INVOLVING
AN
INDI-
VIDUAL.—If an individual who is a party to an
action or proceeding assigned to the Family
Court becomes a party to another action or pro-
ceeding assigned to the Family Court, the indi-
vidual’s subsequent action or proceeding shall be
assigned to the same judge or magistrate judge to
whom the individual’s initial action or pro-
ceeding is assigned to the greatest extent prac-
ticable 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 re-
mains in Superior Court may retain the case or
proceeding for not more than 18 months after
ceasing to serve if—
‘‘(i) the case remains at all times in
full compliance with section 103(a)(3) of
Public Law 105–89 (42 U.S.C. 675(E)), if
applicable, and the case has been assigned
continuously to the judge for 18 months or
more and the judge has a special knowledge
of the child’s needs, such that reassignment
would be harmful to the child; and
‘‘(ii) the chief judge, in consultation
with the presiding judge of the Family
Court determines that such retention is in
the best interests of the parties.
‘‘(3) STANDARDS OF JUDICIAL ETHICS.—The ac-
tions 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 consulta-
tion with the presiding judge of the Family Court,
shall carry out an ongoing program to provide train-
ing 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, includ-
ing magistrate judges, attorneys who practice in the
Family Court, and appropriate nonjudicial per-
sonnel, 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 Co-
lumbia 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 re-
lated fields.
‘‘(d) ACCESSIBILITY OF MATERIALS, SERVICES, AND
PROCEEDINGS; PROMOTION OF ‘FAMILY-FRIENDLY’ ENVI-
RONMENT.—
‘‘(1) IN GENERAL.—To the greatest extent prac-
ticable, the chief judge and the presiding judge of the
Family Court shall ensure that the materials and
services provided by the Family Court are under-
standable and accessible to the individuals and fami-
lies served by the Family Court, and that the Family
Court carries out its duties in a manner which re-
flects the special needs of families with children.
‘‘(2) LOCATION OF PROCEEDINGS.—To the max-
imum 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 inte-
grating 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 track-
ing and management system for cases and pro-
ceedings in the Family Court for the use of judges
and nonjudicial personnel of the Family Court, using
the records and materials stored and maintained pur-
suant 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 INFOR-
MATION.—
‘‘(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 serv-
ices 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 De-
partment, 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 Co-
lumbia shall appoint an individual to serve as a liaison
between the Family Court and the District government for
purposes of subsection (a) and for coordinating the delivery
of services provided by the District government with the ac-
tivities 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 Supe-
rior Court and the presiding judge of the Family Court re-
garding 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 fol-
lowing:
‘‘(1) The chief judge’s assessment of the produc-
tivity and success of the use of alternative dispute res-
olution 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 re-
view and disposition of actions and proceedings
under the Family Court’s jurisdiction during the
year.
‘‘(4) Information on the progress made in estab-
lishing locations and appropriate space for the Fam-
ily 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 pos-
sible.
‘‘(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 pro-
ceedings 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 by the American Bar Association
and the National Council of Juvenile and Family
Court Judges.
‘‘(8) If the Family Court failed to meet the dead-
lines, 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, Dis-
trict 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 expe-
dited 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 sys-
tems of the District government with the computer
systems of the Superior Court of the District of Co-
lumbia so that the Family Court of the Superior
Court and the appropriate offices of the District gov-
ernment which provide social services and other re-
lated 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 Fam-
ily Services Agency, the Office of the Corporation
Counsel, the Metropolitan Police Department, the De-
partment of Health, and other offices determined by
the Mayor) will be able to access and share informa-
tion 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 nec-
essary to carry out paragraph (1).
(d) CLERICAL AMENDMENT.—The table of sections for
chapter 11 of title 11, District of Columbia Code, is amend-
ed 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 MAG-
ISTRATE 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), sub-
section (b), subsection (d), subsection (i), sub-
section (l), and subsection (n) and inserting
‘‘magistrate judges’’;
(B) by striking ‘‘hearing commissioner’’
each place it appears in subsection (b), sub-
section (c), subsection (e), subsection (f), sub-
section (g), subsection (h), and subsection (j) and
inserting ‘‘magistrate judge’’;
(C) by striking ‘‘hearing commissioner’s’’
each place it appears in subsection (e) and sub-
section (k) and inserting ‘‘magistrate judge’s’’;
(D) by striking ‘‘Hearing commissioners’’
each place it appears in subsections (b), (d), and
(i) and inserting ‘‘Magistrate judges’’; and
(E) in the heading, by striking ‘‘Hearing
commissioners’’ 
and 
inserting 
‘‘Mag-
istrate 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 fol-
lows:
‘‘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 Co-
lumbia 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 Co-
lumbia Code, except that any individual serving as a hear-
ing 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 FAM-
ILY 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 sec-
tion 11–1732(c), no individual shall be appointed as a
magistrate judge for the Family Court of the Superior
Court or assigned to handle Family Court cases unless that
individual—
‘‘(1) is a citizen of the United States;
‘‘(2) is an active member of the unified District
of Columbia Bar;
‘‘(3) for the 5 years immediately preceding the
appointment has been engaged in the active practice
of law in the District, has been on the faculty of a
law school in the District, or has been employed as
a lawyer by the United States or District government,
or any combination thereof;
‘‘(4) has not fewer than 3 years of training or
experience in the practice of family law 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 con-
sisting 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 ap-
pointment, and certifies that the individual will be-
come a bona fide resident of the District of Columbia
not later than 90 days after appointment.
‘‘(c) SERVICE
OF
CURRENT
HEARING
COMMIS-
SIONERS.—Those individuals serving as hearing commis-
sioners 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 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 con-
tested proceedings within the jurisdiction of the Fam-
ily Court and the Domestic Violence Unit of the Su-
perior Court (as described in section 11–1101), ex-
cluding jury trials and trials of felony cases, as as-
signed by the presiding judge of the Family Court.
‘‘(3) Subject to the rules of the Superior Court,
enter an order punishing an individual for contempt,
except that no individual may be detained pursuant
to the authority of this paragraph for longer than 180
days.
‘‘(e) LOCATION OF PROCEEDINGS.—To the maximum
extent feasible, safe, and practicable, magistrate judges of
the Family Court of the Superior Court shall conduct pro-
ceedings at locations readily accessible to the parties in-
volved.
‘‘(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 respon-
sibilities, including specialized training in family law and
related matters.’’.
(b) CONFORMING AMENDMENTS.—(1) Section 11–
1732(a), District of Columbia Code, is amended by insert-
ing after ‘‘the duties enumerated in subsection (j) of this
section’’ the following: ‘‘(or, 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 ‘‘Ex-
cept 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 Domes-
tic 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 Do-
mestic 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 Supe-
rior 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 Supe-
rior 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 Co-
lumbia shall appoint not more than 5 individ-
uals to serve as magistrate judges for the Family
Division of the Superior Court in accordance
with the requirements of sections 11–1732 and
11–1732A, District of Columbia Code (as added
by subsection (a)).
(B) TRANSITION RESPONSIBILITIES OF INI-
TIALLY
APPOINTED
FAMILY
COURT
MAG-
ISTRATES.—The chief judge of the Superior
Court and the presiding judge of the Family Di-
vision 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 as-
signed in making case disposition or transfer de-
cisions 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 en-
actment of this Act is not assigned to the
Family Division.
(iii) The action or proceeding was ini-
tiated in the Family Division prior to the
2-year period which ends on the date of en-
actment of this Act.
SEC. 7. SENSE OF CONGRESS REGARDING BORDER AGREE-
MENT WITH MARYLAND AND VIRGINIA.
It is the sense of Congress that the State of Maryland,
the Commonwealth of Virginia, and the District of Colum-
bia should promptly enter into a border agreement to facili-
tate the timely and safe placement of children in the Dis-
trict 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 Divi-
sion 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 Ad-
ministration, shall submit to Congress a feasibility
study for the construction of appropriate permanent
courts and facilities for the Family Court; and
(2) shall submit to Congress an analysis of the
success of the use of magistrate judges under the expe-
dited appointment procedures established under sec-