
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13021]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                   CHAPTER 132--VICTIMS OF CHILD ABUSE
 
SUBCHAPTER III--CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND 
                              PRACTITIONERS
 
Sec. 13021. Findings and purpose


(a) Findings

    The Congress finds that--
        (1) a large number of juvenile and family courts are inundated 
    with increasing numbers of cases due to increased reports of abuse 
    and neglect, increasing drug-related maltreatment, and insufficient 
    court resources;
        (2) the amendments made to the Social Security Act [42 U.S.C. 
    301 et seq.] by the Adoption Assistance and Child Welfare Act of 
    1980 make substantial demands on the courts handling abuse and 
    neglect cases, but provide no assistance to the courts to meet those 
    demands;
        (3) the Adoption \1\ and Child Welfare Act of 1980 requires 
    courts to--
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``Adoption Assistance''.
---------------------------------------------------------------------------
            (A) determine whether the agency made reasonable efforts to 
        prevent foster care placement;
            (B) approve voluntary nonjudicial placement; and
            (C) provide procedural safeguards for parents when their 
        parent-child relationship is affected;

        (4) social welfare agencies press the courts to meet such 
    requirements, yet scarce resources often dictate that courts comply 
    pro forma without undertaking the meaningful judicial inquiry 
    contemplated by Congress in the Adoption \1\ and Child Welfare Act 
    of 1980;
        (5) compliance with the Adoption \1\ and Child Welfare Act of 
    1980 and overall improvements in the judicial response to abuse and 
    neglect cases can best come about through action by top level court 
    administrators and judges with administrative functions who 
    understand the unique aspects of decisions required in child abuse 
    and neglect cases; and
        (6) the Adoption \1\ and Child Welfare Act of 1980 provides 
    financial incentives to train welfare agency staff to meet the 
    requirements, but provides no resources to train judges.

(b) Purpose

    The purpose of this subchapter is to provide expanded technical 
assistance and training to judicial personnel and attorneys, 
particularly personnel and practitioners in juvenile and family courts, 
to improve the judicial system's handling of child abuse and neglect 
cases with specific emphasis on the role of the courts in addressing 
reasonable efforts that can safely avoid unnecessary and unnecessarily 
prolonged foster care placement.

(Pub. L. 101-647, title II, Sec. 221, Nov. 29, 1990, 104 Stat. 4796; 
Pub. L. 103-322, title IV, Sec. 40156(b)(2), Sept. 13, 1994, 108 Stat. 
1923.)

                       References in Text

    The Social Security Act, referred to in subsec. (a)(2), is act Aug. 
14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified 
generally to chapter 7 (Sec. 301 et seq.) of this title. For complete 
classification of this Act to the Code, see section 1305 of this title 
and Tables.
    The Adoption Assistance and Child Welfare Act of 1980, referred to 
in subsec. (a), is Pub. L. 96-272, June 17, 1980, 94 Stat. 500, as 
amended. For complete classification of this Act to the Code, see Short 
Title of 1980 Amendments note set out under section 1305 of this title 
and Tables.


                               Amendments

    1994--Subsec. (b). Pub. L. 103-322 made technical amendment to 
reference to this subchapter to correct reference to corresponding 
provision of original act.
