§ 4. GRANTS TO STATE COURTS AND LOCAL COURTS TO AUTOMATE THE DATA COLLECTION AND TRACKING OF PROCEEDINGS IN ABUSE AND NEGLECT COURTS.

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Authority To Award Grants.— 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— 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; encouraging the replication of such systems in abuse and neglect courts in other jurisdictions; and 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.).

Limitations.— Number of grants .— Not less than 20 nor more than 50 grants may be awarded under this section. Per state limitation .— Not more than 2 grants authorized under this section may be awarded per State. 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 conducted by, or under the supervision of, an abuse and neglect court.

Application.— In general .— A State court or local court may submit an application for a grant authorized under this section at such time and in such manner as the Attorney General may determine. Information required .— An application for a grant authorized under this section shall contain the following: A description of a proposed plan for the development, 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.

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— identification of relevant judges, court, and agency personnel; records of all court proceedings with regard to the abuse and neglect case, including all court findings and orders (oral and written); and relevant information about the subject child, including family information and the reason for court supervision.

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 Omnibus Budget Reconciliation Act of 1993 ( 42 U.S.C. 670 note) [now 42 U.S.C. 629h ] if there is such a plan in the State. 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.

After consultation with the State agency responsible for the administration of parts B and E of title IV of the Social Security Act ( 42 U.S.C. 620 et seq.; 670 et seq.)— 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 Security Act ( 42 U.S.C. 679 ); and an assurance that such coordination will be implemented and maintained.

Identification of an independent third party that will conduct ongoing evaluations of the feasibility and implementation of the plan and system and a description of the plan for conducting such evaluations. A description or identification of a proposed funding source for completion of the plan (if applicable) and maintenance of the system after the conclusion of the period for which the grant is to be awarded. An assurance that any contract entered into between the State court or local court and any other entity that is to provide services for the development, implementation, 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.

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: The total number of cases that are filed in the abuse and neglect court. The number of cases assigned to each judge who presides over the abuse and neglect court. The average length of stay of children in foster care. With respect to each child under the jurisdiction of the court— the number of episodes of placement in foster care; the number of days placed in foster care and the type of placement (foster family home, group home, or special residential care facility); the number of days of in-home supervision; and the number of separate foster care placements.

The number of adoptions, guardianships, or other permanent dispositions finalized. The number of terminations of parental rights. The number of child abuse and neglect proceedings closed that had been pending for 2 or more years. With respect to each proceeding conducted by, or under the supervision of, an abuse and neglect court— the timeliness of each stage of the proceeding from initial filing through legal finalization of a permanency plan (for both contested and uncontested hearings); 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; the number of courts that conduct or supervise the proceeding for the duration of the abuse and neglect case; the number of judges assigned to the proceeding for the duration of the abuse and neglect case; and 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. 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 adoption services. 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. An assurance that the proposed system is consistent with other civil and criminal information requirements of the Federal Government. An assurance that the proposed system will provide notice of timeframes required under the Adoption and Safe Families Act of 1997 ( Public Law 105–89 ; 111 Stat. 2115 ) for individual cases to ensure prompt attention and compliance with such requirements. Conditions for Approval of Applications.— Matching requirement.— 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. 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 requirement. Non-federal expenditures.— 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. No 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). Notification to state or appropriate child welfare agency .— No application for a grant authorized under this section may be approved unless the State court or local court submitting the application demonstrates to the satisfaction of the Attorney General that the court has provided the State, in the case of a State court, or the appropriate child welfare agency, in the case of a local court, with notice of the contents and submission of the application. Considerations .— In evaluating an application for a grant under this section the Attorney General shall consider the following: The extent to which the system proposed in the application may be replicated in other jurisdictions. The extent to which the proposed system is consistent with the provisions of, and amendments made by, the Adoption and Safe Families Act of 1997 ( Public Law 105–89 ; 111 Stat. 2115 ), and parts B and E of title IV of the Social Security Act ( 42 U.S.C. 620 et seq.; 670 et seq.). The extent to which the proposed system is feasible and likely to achieve the purposes described in subsection (a)(1). 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. Length of Awards .— No grant may be awarded under this section for a period of more than 5 years. Availability of Funds .— Funds provided to a State court or local court under a grant awarded under this section shall remain available until expended without fiscal year limitation. Reports.— 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 description of the ongoing results of the independent evaluation of the plan for, and implementation of, the automated data collection and case-tracking system funded under the grant; and the information described in subsection (b)(2)(I). Interim and final reports from attorney general.— Interim reports .— Beginning 2 years after the date of enactment of this Act [ Oct. 17, 2000 ], 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. 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 identifying successful 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. 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.

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