To amend title 11, District of Columbia Code, to redesignate the Family Division of the Superior Court of the District of Columbia as the Family Court of the Superior Court, to recruit and retain trained and experienced judges to serve in the Family Court, to promote consistency and efficiency in the assignment of judges to the Family Court and in the consideration of actions and proceedings in the Family Court, and for other purposes.

August 3, 2001

Mr. DEWINE (for himself and Ms. LANDRIEU) introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs

To amend title 11, District of Columbia Code, to redesignate the Family Division of the Superior Court of the District of Columbia as the Family Court of the Superior Court, to recruit and retain trained and experienced judges to serve in the Family Court, to promote consistency and efficiency in the assignment of judges to the Family Court and in the consideration of actions and proceedings in the Family Court, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `District of Columbia Family Court Act of 2001'.

SEC. 2. REDESIGNATION OF FAMILY DIVISION AS FAMILY COURT OF THE SUPERIOR COURT.

(a) IN GENERAL- Section 11-902, District of Columbia Code, is amended to read as follows:

`Sec. 11-902. Organization of the court

`(a) IN GENERAL- The Superior Court shall consist of the following:

`(1) The Civil Division.

`(2) The Criminal Division.

`(3) The Family Court.

`(4) The Probate Division.

`(5) The Tax Division.

`(b) BRANCHES- The divisions of the Superior Court may be divided into such branches as the Superior Court may by rule prescribe.

`(c) DESIGNATION OF PRESIDING JUDGE OF FAMILY COURT- The chief judge of the Superior Court shall designate one of the judges assigned to the Family Court of the Superior Court to serve as the presiding judge of the Family Court of the Superior Court.

`(d) JURISDICTION DESCRIBED- The Family Court shall have original jurisdiction over the actions, applications, determinations, adjudications, and proceedings described in section 11-1101.'.

(b) CONFORMING AMENDMENT TO CHAPTER 9- Section 11-906(b), District of Columbia Code, is amended by inserting `the Family Court and' before `the various divisions'.

(c) CONFORMING AMENDMENTS TO CHAPTER 11- (1) The heading for chapter 11 of title 11, District of Columbia, is amended by striking `FAMILY DIVISION' and inserting `FAMILY COURT'.

(2) The item relating to chapter 11 in the table of chapters for title 11, District of Columbia, is amended by striking `FAMILY DIVISION' and inserting `FAMILY COURT'.

(d) CONFORMING AMENDMENTS TO TITLE 16-

(1) CALCULATION OF CHILD SUPPORT- Section 16-916.1(o)(6), District of Columbia Code, is amended by striking `Family Division' and inserting `Family Court of the Superior Court'.

(2) EXPEDITED JUDICIAL HEARING OF CASES BROUGHT BEFORE HEARING COMMISSIONERS- Section 16-924, District of Columbia Code, is amended by striking `Family Division' each place it appears in subsections (a) and (f) and inserting `Family Court'.

(3) GENERAL REFERENCES TO PROCEEDINGS- Chapter 23 of title 16, District of Columbia Code, is amended by inserting after section 16-2301 the following new section:

`Sec. 16-2301.1. References deemed to refer to Family Court of the Superior Court

`Any reference in this chapter or any other Federal or District of Columbia law, Executive order, rule, regulation, delegation of authority, or any document of or pertaining to the Family Division of the Superior Court of the District of Columbia shall be deemed to refer to the Family Court of the Superior Court of the District of Columbia.'.

(4) CLERICAL AMENDMENT- The table of sections for subchapter I of chapter 23 of title 16, District of Columbia, is amended by inserting after the item relating to section 16-2301 the following new item:

`16-2301.1. References deemed to refer to Family Court of the Superior Court.'.

SEC. 3. APPOINTMENT AND ASSIGNMENT OF JUDGES; NUMBER AND QUALIFICATIONS.

(a) NUMBER OF JUDGES FOR FAMILY COURT; QUALIFICATIONS AND TERMS OF SERVICE- Chapter 9 of title 11, District of Columbia Code, is amended by inserting after section 11-908 the following new section:

`Sec. 11-908A. Special rules regarding assignment and service of judges of Family Court

`(a) NUMBER OF JUDGES-

`(1) IN GENERAL- The number of judges serving on the Family Court of the Superior Court at any time may not be less than 12 or more than 15.

`(2) REPORT- The total number of judges on the Superior Court may exceed the limit on such judges to the extent necessary to maintain the requirements of this subsection if the chief judge of the Superior Court--

`(A) obtains the approval of the Joint Committee on Judicial Administration; and

`(B) reports to Congress regarding the circumstances that gave rise to the necessity to exceed the cap.

`(b) QUALIFICATIONS- The chief judge may not assign an individual to serve on the Family Court of the Superior Court 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 individuals serving as temporary judges under section 11-908;

`(3) the individual certifies to the chief judge that the individual will participate in the ongoing training programs carried out for judges of the Family Court under section 11-1104(c); and

`(4) the individual meets the requirements of section 11-1732A(b).

`(c) TERM OF SERVICE-

`(1) IN GENERAL-

`(A) SERVING JUDGES- An individual assigned 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 the enactment of the District of Columbia Family Court Act of 2001 shall serve for a term of not fewer than 3 years as determined by the chief judge of the Superior Court (including any consecutive period of service on the Family Division of the Superior Court immediately preceding the date of the enactment of such Act).

`(B) NEW JUDGES- An individual assigned 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 the enactment 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 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.

`(3) 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 determines that the judge is unable, for cause, to continue serving in the Family Court.'.

(b) PLAN FOR FAMILY COURT TRANSITION-

(1) IN GENERAL- Not later than 90 days after the date of the enactment of this Act, the chief judge of the Superior Court of the District of Columbia shall prepare and submit to the President and Congress a transition plan for the Family Court of the Superior Court, and shall include in the plan the following:

(A) The chief judge's determination of the role and function of the presiding judge of the Family Court.

(B) The chief judge's determination of the number of judges needed to serve on the Family Court.

(C) The chief judge's determination of the number of magistrate judges of the Family Court needed for appointment under section 11-1732, District of Columbia Code.

(D) The chief judge's determination of the appropriate functions of such magistrate judges, together with the compensation of and other personnel matters pertaining to such magistrate judges.

(E) A plan for case flow, case management, and staffing needs (including the needs for both judicial and nonjudicial personnel) for the Family Court.

(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 success of the use of magistrate judges under the expedited appointment procedures established under section 6(d) in reducing the number of pending actions and proceedings within the jurisdiction of the Family Court (as described in section 11-902(d), District of Columbia, 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 actions and proceedings within the jurisdiction of the Family Court as of the date of the enactment of this Act (together 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 Superior Court as of such date) in a manner consistent with applicable Federal and District of Columbia law and best practices, including best practices developed by the American Bar Association and the National Council of Juvenile and Family Court Judges.

(2) IMPLEMENTATION OF THE PROPOSAL FOR TRANSFER OR DISPOSITION OF ACTIONS AND PROCEEDINGS TO FAMILY COURT-

(A) IN GENERAL- The chief judge of the Superior Court and the presiding judge of the Family Court shall take such steps as may be required as provided in the proposal for disposition of actions and proceedings under paragraph (1)(H) to ensure that each action or proceeding within the jurisdiction of the Family Court of the Superior Court (as described in section 11-902(d), District of Columbia Code, as amended by subsection (a)) is transferred to the Family Court or otherwise disposed of as provided in subparagraph (B). The requirement of this subparagraph shall not apply to an action or proceeding pending before a senior judge as defined in section 11-1504, District of Columbia Code.

(B) DEADLINE- Notwithstanding any other provision of this Act or any amendment made by this Act, no action or proceeding which is within the jurisdiction of the Family Court (as described in section 11-902(d), District of Columbia Code, as amended by subsection (a))

shall remain pending with a judge not serving on the Family Court upon the expiration of 18 months after the date of enactment of this Act.

(C) PROGRESS REPORTS- The chief judge of the Superior Court shall report to the Committee on Appropriations of each House, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives 6 months and 12 months after the date of enactment 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 meet the qualifications for judges of the Family Court of the Superior Court under section 11-908A, District of Columbia Code (as added by subsection (a)); and

(B) if the chief judge determines that the number of individuals described in subparagraph (A) is less than 15, a request that the Judicial Nomination Commission recruit and the President nominate (in accordance with section 433 of the District of Columbia Home Rule Act) such additional number of individuals to serve on the Superior Court who meet the qualifications for judges of the Family Court under such section as may be required to enable the chief judge to make the required number of assignments.

(2) ROLE OF DISTRICT OF COLUMBIA JUDICIAL NOMINATION COMMISSION- For purposes of section 434(d)(1) of the District of Columbia Home Rule Act, the submission of a request from the chief judge of the Superior Court of the District of Columbia under paragraph (1)(B) shall be deemed to create a number of vacancies in the position of judge of the Superior Court equal to the number of additional appointments so requested by the chief judge, except that the deadline for the submission by the District of Columbia Judicial Nomination Commission of nominees to fill such vacancies shall be 90 days after the creation of such vacancies. In carrying out this paragraph, the District of Columbia Judicial Nomination Commission shall recruit individuals for possible nomination and appointment to the Superior Court who meet the qualifications for judges of the Family Court of the Superior Court.

(d) REPORT BY COMPTROLLER GENERAL-

(1) IN GENERAL- Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall prepare and submit to Congress and the chief judge of the Superior Court of the District of Columbia a report on the implementation of this Act (including the transition plan under subsection (b)), and shall include in the report the following:

(A) An analysis of the procedures used to make the initial appointments of judges of the Family Court under this Act and the amendments made by this Act, including an analysis of the time required to make such appointments and the effect of the qualification requirements for judges of the Court (including requirements relating to the length of service on the Court) on the time required to make such appointments.

(B) An analysis of the impact of magistrate judges for the Family Court (including the expedited initial appointment of magistrate judges for the Court under section 6(d)) on the workload of judges and other personnel of the Court.

(C) An analysis of the number of judges needed for the Family Court, including an analysis of how the number may be affected by the qualification requirements for judges, the availability of magistrate judges, and other provisions of this Act or the amendments made by this Act.

(2) SUBMISSION TO CHIEF JUDGE OF SUPERIOR COURT- Prior to submitting the report under paragraph (1) to Congress, the Comptroller General shall provide a preliminary version of the report to the chief judge of the Superior Court and shall take any comments and recommendations of the chief judge into consideration in preparing the final version of the report.

(e) CONFORMING AMENDMENT- The first sentence of section 11-908(a), District of Columbia Code, is amended by striking `The chief judge' and inserting `Subject to section 11-908A, the chief judge'.

(f) CLERICAL AMENDMENT- The table of sections for chapter 9 of title 11, District of Columbia Code, is amended by inserting after the item relating to section 11-908 the following new item:

`11-908A. Special rules regarding assignment and service of judges of Family Court.'.

SEC. 4. IMPROVING ADMINISTRATION OF CASES AND PROCEEDINGS IN FAMILY COURT.

(a) IN GENERAL- Chapter 11 of title 11, District of Columbia, is amended by striking section 1101 and inserting the following:

`Sec. 11-1101. Jurisdiction of the Family Court

`(a) IN GENERAL- The Family Court of the District of Columbia shall be assigned and have original jurisdiction over--

`(1) actions for divorce from the bond of marriage and legal separation from bed and board, including proceedings incidental thereto for alimony,

pendente lite and permanent, and for support and custody of minor children;

`(2) applications for revocation of divorce from bed and board;

`(3) actions to enforce support of any person as required by law;

`(4) actions seeking custody of minor children, including petitions for writs of habeas corpus;

`(5) actions to declare marriages void;

`(6) actions to declare marriages valid;

`(7) actions for annulments of marriage;

`(8) determinations and adjudications of property rights, both real and personal, in any action referred to in this section, irrespective of any jurisdictional limitation imposed on the Superior Court;

`(9) proceedings in adoption;

`(10) proceedings under the Act of July 10, 1957 (D.C. Code, secs. 30-301 to 30-324);

`(11) proceedings to determine paternity of any child born out of wedlock;

`(12) civil proceedings for protection involving intrafamily offenses, instituted pursuant to chapter 10 of title 16;

`(13) proceedings in which a child, as defined in section 16-2301, is alleged to be delinquent, neglected, or in need of supervision;

`(14) proceedings under chapter 5 of title 21 relating to the commitment of the mentally ill;

`(15) proceedings under chapter 11 of title 21 relating to the commitment of the substantially retarded; and

`(16) proceedings under Interstate Compact on Juveniles (described in title IV of the District of Columbia Court Reform and Criminal Procedure Act of 1970).

`(b) DEFINITION- In this chapter, the term `action or proceeding' with respect to the Family Court refers to cause of action described in paragraphs (1) through (16) of subsection (a).

`Sec. 11-1102. Use of alternative dispute resolution

`To the greatest extent practicable and safe, cases and proceedings in the Family Court of the Superior Court shall be resolved through alternative dispute resolution procedures, in accordance with such rules as the Superior Court may promulgate.

`Sec. 11-1103. Standards of practice for appointed counsel

`The Superior Court shall establish standards of practice for attorneys appointed as counsel in the Family Court of the Superior Court.

`Sec. 11-1104. Administration

`(a) `ONE FAMILY, ONE JUDGE' REQUIREMENT FOR CASES AND PROCEEDINGS- To the greatest extent practicable and feasible, if an individual who is a party to an action or proceeding assigned to the Family Court has an immediate family or household member who is a party to another action or proceeding assigned to the Family Court, the individual's action or proceeding shall be assigned to the same judge or magistrate judge to whom the immediate family member's action or proceeding is assigned.

`(b) RETENTION OF JURISDICTION OVER CASES-

`(1) IN GENERAL- In addition to the requirement of subsection (a), any action or proceeding assigned to the Family Court of the Superior Court shall remain under the jurisdiction of the Family Court until the action or proceeding is finally disposed.

`(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 INDIVIDUAL- If an individual who is a party to an action or proceeding assigned to the Family Court becomes a party to another action or proceeding assigned to the Family Court, the individual's subsequent action or proceeding shall be assigned to the same judge or magistrate judge to whom the individual's initial action or proceeding is assigned to the greatest extent practicable, feasible, and lawful.

`(C) REASSIGNMENT- If the judge to whom the action or proceeding 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, except that a judge who ceases to serve in Family Court but remains in Superior Court may retain the case or proceeding for not more than 6 months after ceasing to serve if such retention is in the best interests of the parties.

`(3) STANDARDS OF JUDICIAL ETHICS- The actions of a judge or magistrate judge in retaining an action or proceeding under this paragraph shall be subject to applicable standards of judicial ethics.

`(c) TRAINING PROGRAM-

`(1) IN GENERAL- The 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, including magistrate judges, attorneys who practice in the Family Court, and appropriate nonjudicial personnel, and shall include in the program information and instruction regarding the following:

`(A) Child development.

`(B) Family dynamics, including domestic violence.

`(C) Relevant Federal and District of Columbia laws.

`(D) Permanency planning principles and practices.

`(E) Recognizing the risk factors for child abuse.

`(F) Any other matters the presiding judge considers appropriate.

`(2) USE OF CROSS-TRAINING- The program carried out under this section shall use the resources of lawyers and legal professionals, social workers, and experts in the field of child development and other related fields.

`(d) ACCESSIBILITY OF MATERIALS, SERVICES, AND PROCEEDINGS; PROMOTION OF `FAMILY-FRIENDLY' ENVIRONMENT-

`(1) IN GENERAL- To the greatest extent practicable, the presiding judge of the Family Court shall ensure that the materials and services provided by the Family Court are understandable and accessible to the individuals and families served by the 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 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 integrating computer systems prepared by the Mayor of the District of Columbia under section 4(b) of the District of Columbia Family Court Act of 2001;

`(2) to establish and operate an electronic tracking and management system for cases and proceedings in the Family Court for the use of judges and nonjudicial personnel of the Family Court, using the records and materials stored and maintained pursuant to paragraph (1); and

`(3) to expand such system to cover all divisions of the Superior Court as soon as practicable.

`Sec. 11-1105. Social services and other related services

`(a) ON-SITE COORDINATION OF SERVICES AND INFORMATION-

`(1) IN GENERAL- The Mayor of the District of Columbia, in consultation with the chief judge of the Superior Court, shall ensure that representatives of the appropriate offices of the District government which provide social services and other related services to individuals and families served by the Family Court (including the District of Columbia Public Schools, the District of Columbia Housing Authority, the Child and Family Services Agency, the Office of the Corporation Counsel, the Metropolitan Police Department, the Department of Health, and other offices determined by the Mayor) are available 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 Columbia 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 activities of the Family Court and for providing information to the judges, magistrate judges, and nonjudicial personnel of the Court regarding the services available from the District government to the individuals and families served by the Court. The Mayor shall provide on an ongoing basis information to the chief judge of the Superior Court and the presiding judge of the Family Court regarding the services of the District government which are available for the individuals and families served by the Family Court.

`Sec. 11-1106. Reports to Congress

`Not later than 90 days after the end of each calendar year, the chief judge of the Superior Court shall submit a report to Congress on the activities of the Family Court during the year, and shall include in the report the following:

`(1) The chief judge's assessment of the productivity and success of the use of alternative dispute resolution pursuant to section 11-1102.

`(2) Goals and timetables as required by the Adoption and Safe Families Act of 1997 to improve the Family Court's performance in the following year.

`(3) Information on the extent to which the 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 establishing locations and appropriate space for the Family Court that are consistent with the mission of the Family Court until such time as the locations and space are established.

`(5) Information on any factors which are not under the control of the Family Court which interfere with or prevent the 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 electronic format under section 11-1104(d), an analysis of the Court's efficiency and effectiveness in managing its case load during the year, including an analysis of the time required to dispose of actions and proceedings among the various categories of the 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.

`(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 expedited review by the District of Columbia Court of Appeals and shall be certified by the appellant. An oral hearing on appeal shall be deemed to be waived unless specifically requested by a party to the appeal.'.

(c) PLAN FOR INTEGRATING COMPUTER SYSTEMS-

(1) IN GENERAL- Not later than 6 months after the date of the enactment of this Act, the Mayor of the District of Columbia shall submit to the President and Congress a plan for integrating the computer systems of the District government with the computer systems of the Superior Court of the District of Columbia so that the Family Court of the Superior Court and the appropriate offices of the District government which provide social services and other related services to individuals and families served by the Family Court of the Superior Court (including the District of Columbia Public Schools, the District of Columbia Housing Authority, the Child and Family Services Agency, the Office of the Corporation Counsel, the Metropolitan Police Department, the Department of Health, and other offices determined by the Mayor) will be able to access and share information on the individuals and families served by the Family Court.

(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Mayor of the District of Columbia such sums as may be necessary to carry out paragraph (1).

(d) CLERICAL AMENDMENT- The table of sections for chapter 11 of title 11, District of Columbia Code, is amended by adding at the end the following new items:

`11-1102. Use of alternative dispute resolution.

`11-1103. Standards of practice for appointed counsel.

`11-1104. Administration.

`11-1105. Social services and other related services.

`11-1106. Reports to Congress.'.

SEC. 5. TREATMENT OF HEARING COMMISSIONERS AS MAGISTRATE JUDGES.

(a) IN GENERAL-

(1) REDESIGNATION OF TITLE- Section 11-1732, District of Columbia Code, is amended--

(A) by striking `hearing commissioners' each place it appears in subsection (a), subsection (b), subsection (d), subsection (i), subsection (l), and subsection (n) and inserting `magistrate judges';

(B) by striking `hearing commissioner' each place it appears in subsection (b), subsection (c), subsection (e), subsection (f), subsection (g), subsection (h), and subsection (j) and inserting `magistrate judge';

(C) by striking `hearing commissioner's' each place it appears in subsection (e) and subsection (k) and inserting `magistrate judge's';

(D) by striking `Hearing commissioners' each place it appears in subsections (b), (d), and (i) and inserting `Magistrate judges'; and

(E) in the heading, by striking `Hearing commissioners' and inserting `Magistrate Judges'.

(2) CONFORMING AMENDMENTS- (A) Section 11-1732(c)(3), District of Columbia Code, is amended 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 chapter 17 of title 11, D.C. Code, is amended to read as follows:

`11-1732. Magistrate judges.'.

(b) TRANSITION PROVISION REGARDING HEARING COMMISSIONERS- Any individual serving as a hearing commissioner under section 11-1732 of the District of Columbia Code as of the date of the enactment of this Act shall serve the remainder of such individual's term as a magistrate judge, and may be reappointed as a magistrate judge in accordance with section 11-1732(d), District of Columbia Code, except that any individual serving as a hearing commissioner as of the date of the enactment of this Act who was appointed as a hearing commissioner prior to the effective date of section 11-1732 of the District of Columbia Code shall not be required to be a resident of the District of Columbia to be eligible to be reappointed.

(c) EFFECTIVE DATE- The amendments made by this section shall take effect on the date of the enactment of this Act.

SEC. 6. SPECIAL RULES FOR MAGISTRATE JUDGES OF FAMILY COURT.

(a) IN GENERAL- Chapter 17 of title 11, District of Columbia Code, is amended by inserting after section 11-1732 the following new section:

`Sec. 11-1732A. Special rules for magistrate judges of the 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 government, or any combination thereof;

`(4) has not fewer than 3 years of training or experience in the practice of family law; and

`(5)(A) is a bona fide resident of the District of Columbia and has maintained an actual place of abode in the District for at least 90 days immediately prior to appointment, and retains such residency during service as a magistrate judge; or

`(B) is a bona fide resident of the areas consisting of Montgomery and Prince George's Counties in Maryland, Arlington and Fairfax Counties, and the City of Alexandria in Virginia, has maintained an actual place of abode in such area for at least 5 years prior to appointment, and certifies that the individual will become a bona fide resident of the District of Columbia not later than 90 days after appointment.

`(c) SERVICE OF CURRENT HEARING COMMISSIONERS- Those individuals serving as hearing commissioners under section 11-1732 on the effective date of this section who meet the qualifications described in subsection (b)(4) may request to be appointed as magistrate judges for the Family Court of the Superior Court under such section.

`(d) FUNCTIONS- A magistrate judge, when specifically 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 contested 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 proceedings at locations readily accessible to the parties involved.

`(f) TRAINING- The Family Court of the Superior Court shall ensure that all magistrate judges of the Family Court receive training to enable them to fulfill their responsibilities, including specialized training in family law and related matters.'.

(b) CONFORMING AMENDMENTS- (1) Section 11-1732(a), District of Columbia Code, is amended by inserting after `the duties enumerated in subsection (j) of this section' the following: `(or, 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 `Except as provided in section 11-1732A(b), no individual'.

(3) Section 11-1732(k), District of Columbia Code, is amended--

(A) by striking `subsection (j),' and inserting the following: `subsection (j) (or proceedings and hearings under section 11-1732A(d), in the case of magistrate judges for the Family Court 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 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 following: `(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 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 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 enactment 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 individuals to serve as magistrate judges for the Family Division of the Superior Court in accordance with the requirements of sections 11-1732 and 11-1732A, District of Columbia Code (as added by subsection (a)).

(B) APPOINTMENTS MADE WITHOUT REGARD 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 appointed under this paragraph.

(C) PRIORITY FOR CERTAIN ACTIONS AND PROCEEDINGS- The chief judge of the Superior Court and the presiding judge of the Family Division of the Superior Court (acting jointly) shall first assign and transfer to the magistrate 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 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.

(iii) The action or proceeding was initiated in the Family Division prior to the 2-year period which ends on the date of the enactment of this Act.

SEC. 7. SENSE OF CONGRESS REGARDING BORDER AGREEMENT WITH MARYLAND AND VIRGINIA.

It is the sense of Congress that the State of Maryland, the Commonwealth of Virginia, and the District of Columbia should promptly enter into a border agreement to facilitate the timely and safe placement of children in the District of Columbia's welfare system in foster and kinship homes and other facilities in Maryland and Virginia.

SEC. 8. SENSE OF THE SENATE REGARDING THE USE OF COURT APPOINTED SPECIAL ADVOCATES.

It is the sense of the Senate that the Chief Judge of the Superior Court and the Presiding Judge of the Family Division should take all steps necessary to encourage and support the use of Court Appointed Special Advocates (CASA) in family court actions or proceedings.

SEC. 9. INTERIM REPORTS.

Not later than 12 months after the date of enactment of this Act, the chief judge of the Superior Court and the presiding judge of the Family Court--

(1) in consultation with the General Services Administration, shall submit to Congress a feasibility study for the construction of appropriate permanent courts and facilities for the Family Court; and

(2) shall submit to Congress an analysis of the success of the use of magistrate judges under the expedited appointment procedures established under section 6(d) in reducing the number of pending actions and proceedings within the jurisdiction of the Family Court (as described in section 11-902(d), District of Columbia).

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Courts of the District of Columbia and the District of Columbia such sums as may be necessary to carry out the amendments made by this Act.

SEC. 11. EFFECTIVE DATE.

The amendments made by section 4 shall take effect upon the expiration of the 18 month period which begins on the date of the enactment of this Act.

END