Strengthening Abuse and Neglect Courts Act of 2000
PL 106-314 (S.2272), enacted 10/17/2000

114 STAT. 1266 
PUBLIC LAW 106-314—OCT. 17, 2000 
Public Law 106-314 
106th Congress 
An Act 
Oct. 17, 2000 
[S. 2272] 
Strengthening 
Abuse and 
Neglect Coiirts 
Act of 2000. 
Inter-
governmental 
relations. 
42 u s e 670 note. 
42 u s e 670 note. 
To improve the administrative efficiency and effectiveness of the Nation's abuse 
and neglect courts and for other pvirposes consistent with the Adoption and 
Safe Famihes Act of 1997. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "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 Nation's child welfare system 
and in ensuring sEifety, 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) establishes 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 permginence for abused and neglected children 
by requiring timely decisionmaking 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 Families Act of 1997 specifi-
cally requires, among other things, that States move to termi-
nate 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 effectiveness of the 
Nation's abuse and neglect courts would be substantially 
improved by the acquisition and implementation of computer-
ized case-tracking systems to identify and eliminate existing 
backlogs, to move abuse and neglect caseloads forward in a 
PUBLIC LAW 106-314—OCT. 17, 2000 
114 STAT. 1267 
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 purposes of the 
amendments made by, and provisions of, the Adoption and 
Safe FamiUes Act of 1997. 
(7) The administrative efficiency and effectiveness of the 
Nation's abuse and neglect courts would also be improved by 
the identification and implementation 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 caseloads. 
(8) The administrative efficiency and effectiveness of the 
Nation's abuse and neglect courts would be further strength-
ened by improving the quality and availability of training for 
judges, court personnel, agency attorneys, guardians ad litem, 
volunteers who participate in court-appointed special advocate 
(CASA) programs, and attorneys who represent 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 administra-
tion 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, automated inter-
agency interfaces, and "best practices" standards. 
(10) Judges, magistrates, commissioners, and other judicial 
officers play a central and vital role in ensuring that pro-
ceedings 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 enhsinced by training, semi-
nars, and an ongoing opportunity to exchange ideas with their 
peers. 
(11) Volunteers who participate in court-appointed 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 supervision of, such courts and also bring increased 
public scrutiny of the abuse and neglect court system. The 
Nation's abuse and neglect courts would benefit from an expan-
sion of this program to currently underserved communities. 
(12) Improved computerized case-tracking systems, com-
prehensive 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 children and families, and 
increasing the number of adoptions. 
SEC. 3. DEFINITIONS. 
42 USC 670 note. 
In this Act: 
(1) ABUSE AND NEGLECT COURTS.—^The term "abuse and 
neglect courts" means the State and local courts that carry 
out State or local laws requiring proceedings (conducted by 
or under the supervision of the courts)— 
79-194 O - 00 - 13 : QL 3 Part 2 
114 STAT. 1268 
PUBLIC LAW 106-314—OCT. 17, 2000 
(A) 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 pro-
ceedings); 
(B) that determine whether a child was abused or 
neglected; 
(C) that determine the advisability or appropriateness 
of placement in a family foster home, group home, or a 
special residential care facility; or 
(D) that determine any other legal disposition of a 
child in the abuse and neglect court system. 
(2) AGENCY ATTORNEY.—^The term "agency attome/' 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 prosecutor, who represents the 
State or local agency administrating 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 supervision of, an abuse and neglect court, including 
a proceeding for termination of parental rights. 
42 use 670 note. 
SEC. 4. GRANTS TO STATE COURTS AND LOCAL COURTS TO AUTOMATE 
THE DATA COLLECTION AND TRACIONG 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 neglect court; 
(B) encouraging the replication of such systems in 
abuse and neglect courts in other jurisdictions; 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, implementing, or enhancing automated data 
collection and case-tracking systems for proceedings con-
ducted 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 GeneraJ may 
determine. 
PUBLIC LAW 106-314—OCT. 17, 2000 
114 STAT. 1269 
(2) INFORMATION REQUIRED.—^An application for a grant 
authorized under this section shall contain the following: 
(A) A description of a proposed plan for the develop-
ment, implementation, and maintenance of an automated 
data collection and case-tracking system for proceedings 
conducted by, or under the supervision of, an abuse and 
neglect 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 jurisdictions that specifies the common case-
tracking data elements of the proposed system, including, 
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 developed in consultation with related 
State courts, particularly with regard to a State court 
improvement plan funded under section 13712 of the Omni-
bus 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 agency respon-
sible 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 welfare data collection systems, 
including the statewide automated child 
welfare 
information system (SACWIS) and the adoption and 
foster care analysis and reporting system (AFCARS) 
established pursuant to section 479 of the Social Secu-
rity Act (42 U.S.C. 679); and 
(ii) an assurance that such coordination will be 
implemented and maintained. 
(F) Identification of £in 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 mainte-
nance of the system aft;er the conclusion of the period 
for which the grant is to be awarded. 
(H) An assurance that any contract entered into 
between the State court or local court and any other entity 
114 STAT. 1270 
PUBLIC LAW 106-314—OCT. 17, 2000 
that is to provide services for the development, implementa-
tion, or maintenance of the system under the proposed 
plan will require the entity to agree to allow for replication 
of the services provided, the plan, and the system, and 
to refrain from asserting any proprietary interest in such 
services for purposes of allowing the plan and system to 
be replicated in another jurisdiction. 
(I) An assurance that the system established under 
the plan will provide data that allows 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 jurisdic-
tion 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 super-
vision; and 
(IV) the number of separate foster care place-
ments. 
(v) The number of adoptions, guardianships, or 
other permanent dispositions finalized. 
(vi) The number of terminations of parental rights. 
(vii) The number of child abuse and neglect pro-
ceedings 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 pro-
ceeding from initial filing through legal finalization 
of a permanency plan (for both contested and 
uncontested hearings); 
(II) the number of adjournments, delays, and 
continuances occurring during the proceeding, 
including identification 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 neglect case; 
(IV) the number of judges assigned to the pro-
ceeding for the duration of the abuse and neglect 
case; and 
(V) the number of agency attorneys, children's 
attorneys, parent's attorneys, guardians ad litem, 
and volunteers participating in a court-appointed 
special advocate (CASA) program assigned to the 
proceeding during the duration of the abuse and 
neglect case. 
PUBLIC LAW 106-314—OCT. 17, 2000 
114 STAT. 1271 
(J) A description of how the proposed system will 
reduce the need for paper files and ensure prompt action 
so that cases are appropriately listed with national and 
regional adoption exchanges, and public and private adop-
tion 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 information requirements of 
the Federal Grovemment. 
(M) An assurance that the proposed system will provide 
notice of timeframes required under the Adoption and Safe 
Families Act of 1997 (Pubhc Law 105-89; 111 Stat. 2115) 
for individual cases to ensure prompt attention and compli-
ance with such requirements. 
(c) CONDITIONS FOR APPROVAL OF APPLICATIONS.— 
(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, 
implementation, and maintenance of the automated data 
collection and case-tracking system under the proposed 
plan. 
(B) WAIVER FOR HARDSHIP.—^The Attorney 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 require-
ment. 
(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) N o CREDIT FOR PRE-AWARD EXPENDITURES.— 
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 requirement under subparagraph (A). 
(2) NOTIFICATION TO STATE OR APPROPRIATE CHILD WELFARE 
AGENCY.—^No application for a grant authorized under this sec-
tion 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 appropriate 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 application for a 
grant under this section the Attorney GreneraJ shall consider 
the following: 
(A) The extent to which the system proposed in the 
application may be replicated in other jurisdictions. 
(B) The extent to which the proposed system is con-
sistent with the provisions of, and amendments made by. 
114 STAT. 1272 
PUBLIC LAW 106-314—OCT. 17, 2000 
Effective date. 
Termination 
date. 
42 use 670 note. 
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 system is feasible 
and likely to achieve the purposes 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 awarded 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 awEirded 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 inde-
pendent evaluation of the plan for, and implementation 
of, the automated data collection and case-tracking system 
funded under the grant; and 
(B) the information described in subsection (b)(2)(I). 
(2) INTERIM AND FINAL REPORTS FROM ATTORNEY GEN-
ERAL.— 
(A) INTERIM REPORTS.—Beginning 2 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 
Congress 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 identif3n.ng success-
ful models of such systems that are suitable for replication 
in other jurisdictions. 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 Ofilce of Justice Programs and in collaboration 
with the Secretary of Health and Human Services, shall award 
PUBLIC LAW 106-314—OCT. 17, 2000 
114 STAT. 1273 
grants in accordance with this section to State courts and local 
courts for the purposes 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 Greneral shall require, that contains a 
description of the following: 
(1) The barriers to achieving the permanency goals estab-
lished in the Adoption and SaSe Families Act of 1997 that 
have been identified. 
(2) The size and nature of the backlogs of children awaiting 
termination of parental rights or finalization 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 described 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 successmlly achieve the purposes 
described in subsection (a), including temporarily— 
(1) establishing night court sessions for abuse and neglect 
courts; 
(2) hiring additional judges, magistrates, commissioners, 
hearing officers, referees, special masters, and other judicial 
personnel for such courts; 
(3) hiring personnel such as clerks, administrative support 
staff, case managers, mediators, and attorneys 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 available for expenditure 
by a grsintee for a period not to exceed 3 years from the date 
of the grant award. 
(f) REPORT ON USE OF FUNDS.—^Not later than the date that 
Deadline. 
• 
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 Attorney Greneral that includes the following: 
(1) The barriers to the permanency goals established 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 reducing such 
backlogs, including the number of children in such backlogs— 
114 STAT. 1274 
PUBLIC LAW 106-314—OCT. 17, 2000 
(A) whose parentEil rights have been terminated; and 
(B) whose adoptions have been finalized. 
(5) Any additionsd information that the Attorney (Jeneral 
determines would assist jurisdictions in achieving the perma-
nency goals established in the Adoption and Safe Families 
Act of 1997. 
(g) AUTHORIZATION OF APPROPRIATIONS.—^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. 
42 use 670 note. 
SEC. 6. GRANTS TO EXPAND THE COURT-APPOINTED SPECIAL ADVO-
CATE PROGRAM IN UNDERSERVED AREAS. 
(a) GRANTS To 
EXPAND C A S A PROGRAMS IN UNDERSERVED 
AREAS.—^The Administrator of the Office of Juvenile Justice and 
Delinquency Prevention of the Department of Justice shall make 
a grant to the National Court-Appointed Special Advocate Associa-
tion for the purposes 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 volunteers in 
court-appointed special advocate programs. 
(b) LIMITATION ON ADMINISTRATIVE EXPENDITURES.—^Not more 
than 5 percent of the grant made under this subsection may be 
used for administrative expenditures. 
(c) DETERMINATION OF URBAN AND RURAL AREAS.—For purposes 
of administering the grant authorized under this subsection, the 
Administrator of the Office of Juvenile Justice and Delinquency 
Prevention of the Department of Justice shall determine whether 
an area is one of the 15 largest urban areas or a rural area 
in accordemce 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 authorized under this section, 
$5,000,000 for the period of fiscal years 2001 and 2002. 
Approved October 17, 2000. 
LEGISLATIVE HISTORY—S. 2272: 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Sept. 26, considered and passed Senate. 
Oct. 3, considered and passed House.