Domestic Violence Judicial Support Act of 2012 - Amends the Victims of Trafficking and Violence Protection Act of 2000, as amended by the Violence Against Women and Department of Justice Reauthorization Act of 2005, to authorize the Attorney General to make grants to state and local governments, Indian tribal governments, courts and other specified providers for: (1) supervised visitation and safe visitation exchange of children and youth by and between parents in situations involving domestic violence, dating violence, child sexual abuse, sexual assault, or stalking; and (2) court-related and child protective services workers education on the dynamics of domestic violence, dating violence, sexual assault (including child sexual abuse), and stalking.
Amends the Victims of Child Abuse Act of 1990 to: (1) ensure that by January 1, 2015, a court-appointed special advocate shall be available to every victim of child abuse or neglect in the United States that needs one; and (2) reauthorize through FY2017 the court-appointed special advocate program and the child abuse training programs for judicial personnel and practitioners.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3977 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 3977
To consolidate, improve, and reauthorize programs that support families
and victims in the justice system affected by domestic violence.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 8, 2012
Mr. Honda introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To consolidate, improve, and reauthorize programs that support families
and victims in the justice system affected by domestic violence.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Domestic Violence
Judicial Support Act of 2012''.
(b) Findings.--The Congress finds as follows:
(1) The 2010 National Survey by the Centers for Disease
Control and Prevention found that 1 in 4 women have been the
victim of severe physical violence by an intimate partner,
while 1 in 7 men experienced severe physical violence by an
intimate partner. Female victims of intimate partner violence
experienced different patterns of violence than male victims.
Female victims experienced multiple forms of these types of
violence; male victims most often experienced physical
violence.
(2) A critical issue in domestic violence cases is the risk
of continued victimization during the pretrial period.
Offenders may violate no-contact orders, further injure
victims, or intimidate them. Such occurrences highlight a
critical need for efficiency in court proceedings.
(3) Of 3,750 intimate partner violence cases filed in State
courts in 16 large urban counties in 2002, children were
present during the violent incident in 36 percent of the cases.
Of those children who were present, 60 percent directly
witnessed the violence. Court collection of information and
statistics related to children who witnessed a violent incident
between intimate partners assists courts in identifying
children in need of services as a result of such an incident.
(4) Domestic violence cases involving spouses and other
intimate partners often entail complex processes that require
careful consideration by the criminal justice system. In the
1990s, many jurisdictions began to create specialized domestic
violence courts for judges to ensure follow-through on cases,
aid domestic violence victims, and hold offenders accountable,
with the assistance of justice and social service agencies. By
specializing in domestic violence offenses, these courts aim to
process cases more efficiently and deliver more consistent
rulings about domestic violence statutes. Some domestic
violence courts also incorporate a stronger focus on
rehabilitation of offenders and deterrence of repeat offenses.
These courts can also be more sensitive to the needs of victims
and be able to direct victims to additional community
resources.
(5) One-third of violent felony defendants in State
criminal courts have been charged with domestic violence.
(6) Teen dating violence cases are best handled by courts
who have had the training to make informed decisions and have
the resources to make services available, on-site and in the
community, including--
(A) counseling;
(B) victim witness services;
(C) assistance with civil restraining orders,
paternity determinations, custody and access orders,
and child support orders; and
(D) locating other assistance needed by teen
victims.
(7) There are more than 400,000 children in foster care in
the United States. Congress has charged juvenile courts with
oversight of child welfare cases. Highly trained and engaged
judges focused on effective case oversight and system reform
have been shown to save significant foster care costs for the
States.
(8) A 2009 study by the Department of Justice found that
Kentucky saved $85,000,000 in one year through the issuance of
protection orders and the reduction in violence resulting from
the issuance of such orders. Examples such as this are
prevalent across the Nation.
(9) Children with a Court Appointed Special Advocate
volunteer spend 7.5 months less in foster care, experience
fewer out of home placements, and have significantly improved
education performance, compared to their peers without a
volunteer advocate.
(10) By reducing long-term foster care placements,
subsequent victimization, and reentry into the foster care
system, the Court Appointed Special Advocate program
substantially reduces child welfare costs.
SEC. 2. CONSOLIDATION OF GRANTS TO SUPPORT FAMILIES AND VICTIMS IN THE
JUSTICE SYSTEM.
(a) In General.--Title III of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law 106-386;
114 Stat. 1509) is amended by striking the section preceding section
1302 (42 U.S.C. 10420), as amended by section 306 of the Violence
Against Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162; 119 Stat. 316), and inserting the following:
``SEC. 1301. COURT TRAINING AND SUPERVISED VISITATION IMPROVEMENTS.
``(a) In General.--The Attorney General may make grants to States,
units of local government, courts (including juvenile courts), Indian
tribal governments, nonprofit organizations, legal services providers,
and victim services providers to improve the response of all aspects of
the civil and criminal justice system to families and victims with a
history of domestic violence, dating violence, sexual assault, or
stalking, or in cases involving allegations of child sexual abuse.
``(b) Use of Funds.--A grant under this section may be used to--
``(1) provide supervised visitation and safe visitation
exchange of children and youth by and between parents in
situations involving domestic violence, dating violence, child
sexual abuse, sexual assault, or stalking;
``(2) develop and promote State, local, and tribal
legislation, policies, and best practices for improving civil
and criminal court functions, responses, practices, and
procedures in cases involving a history of domestic violence,
dating violence, sexual assault, or stalking, or in cases
involving allegations of child sexual abuse, including cases in
which the victim proceeds pro se;
``(3) educate court-based and court-related personnel
(including custody evaluators and guardians ad litem) and child
protective services workers on the dynamics of domestic
violence, dating violence, sexual assault (including child
sexual abuse), and stalking, including information on
perpetrator behavior, evidence-based risk factors for domestic
and dating violence homicide, and on issues relating to the
needs of victims, including safety, security, privacy, and
confidentiality, including cases in which the victim proceeds
pro se;
``(4) provide appropriate resources in juvenile court
matters to respond to dating violence, domestic violence,
sexual assault (including child sexual abuse), and stalking and
ensure necessary services dealing with the health and mental
health of victims are available;
``(5) enable courts or court-based or court-related
programs to develop or enhance--
``(A) court infrastructure (such as specialized
courts, consolidated courts, dockets, intake centers,
or interpreter services);
``(B) community-based initiatives within the court
system (such as court watch programs, victim
assistants, pro se victim assistance programs, or
community-based supplementary services);
``(C) offender management, monitoring, and
accountability programs;
``(D) safe and confidential information-storage and
information-sharing databases within and between court
systems;
``(E) education and outreach programs to improve
community access, including enhanced access for
underserved populations; and
``(F) other projects likely to improve court
responses to domestic violence, dating violence, sexual
assault, and stalking;
``(6) provide civil legal assistance and advocacy services,
including legal information and resources in cases in which the
victim proceeds pro se, to--
``(A) victims of domestic violence, dating
violence, sexual assault, or stalking; and
``(B) nonoffending parents in matters--
``(i) that involve allegations of child
sexual abuse;
``(ii) that relate to family matters,
including civil protection orders, custody, and
divorce; and
``(iii) in which the other parent is
represented by counsel;
``(7) collect data and provide training and technical
assistance, including developing State, local, and tribal model
codes and policies, to improve the capacity of grantees and
communities to address the civil and criminal justice needs of
victims of domestic violence, dating violence, sexual assault,
and stalking who have legal representation, who are proceeding
pro se, or are proceeding with the assistance of a legal
advocate; and
``(8) improve training and education to assist judges,
judicial personnel, attorneys, child welfare personnel, and
legal advocates in the civil, criminal, and juvenile justice
systems.
``(c) Considerations.--
``(1) In general.--In making grants for purposes described
in paragraphs (1) through (7) of subsection (b), the Attorney
General shall consider--
``(A) the number of families and victims to be
served by the proposed programs and services;
``(B) the extent to which the proposed programs and
services serve underserved populations;
``(C) the extent to which the applicant
demonstrates cooperation and collaboration with
nonprofit, nongovernmental entities in the local
community with demonstrated histories of effective work
on domestic violence, dating violence, sexual assault,
or stalking, including State or tribal domestic
violence coalitions, State or tribal sexual assault
coalitions, local shelters, and programs for domestic
violence and sexual assault victims; and
``(D) the extent to which the applicant
demonstrates coordination and collaboration with State,
tribal, and local court systems, including mechanisms
for communication and referral.
``(2) Other grants.--In making grants under paragraph (8)
of subsection (b), the Attorney General shall take consider the
extent to which the applicant has experience providing
training, education, or other assistance to the judicial system
related to family violence, child custody, child abuse and
neglect, adoption, foster care, supervised visitation, divorce,
and parentage.
``(d) Applicant Requirements.--The Attorney General may make a
grant under this section to an applicant that--
``(1) demonstrates expertise in the areas of domestic
violence, dating violence, sexual assault, stalking, or child
sexual abuse, as appropriate;
``(2) ensures that any fees charged to individuals for use
of supervised visitation programs and services are based on the
income of those individuals, unless otherwise provided by court
order;
``(3) for a court-based program, certifies that victims of
domestic violence, dating violence, sexual assault, or stalking
are not charged fees or any other costs related to the filing,
petitioning, modifying, issuance, registration, enforcement,
withdrawal, or dismissal of matters relating to the domestic
violence, dating violence, sexual assault, or stalking;
``(4) demonstrates that adequate security measures,
including adequate facilities, procedures, and personnel
capable of preventing violence, and adequate standards are, or
will be, in place (including the development of protocols or
policies to ensure that confidential information is not shared
with courts, law enforcement agencies, or child welfare
agencies unless necessary to ensure the safety of any child or
adult using the services of a program funded under this
section), if the applicant proposes to operate supervised
visitation programs and services or safe visitation exchange;
``(5) certifies that the organizational policies of the
applicant do not require mediation or counseling involving
offenders and victims being physically present in the same
place, in cases where domestic violence, dating violence,
sexual assault, or stalking is alleged;
``(6) certifies that any person providing legal assistance
through a program funded under this section has completed or
will complete training on domestic violence, dating violence,
sexual assault, and stalking, including child sexual abuse, and
related legal issues; and
``(7) certifies that any person providing custody
evaluation or guardian ad litem services through a program
funded under this section has completed or will complete
training developed with input from and in collaboration with a
tribal, State, territorial, or local domestic violence, dating
violence, sexual assault, or stalking organization or coalition
on the dynamics of domestic violence and sexual assault,
including child sexual abuse, that includes training on how to
review evidence of past abuse and the use of evidenced-based
theories to make recommendations on custody and visitation.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $22,000,000 for each of the
fiscal years 2013 through 2017. Amounts appropriated pursuant to this
subsection shall remain available until expended.''.
SEC. 3. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
Subtitle B of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13011 et seq.) is amended--
(1) in section 216 (42 U.S.C. 13012), by striking ``January
1, 2010'' and inserting ``January 1, 2015'';
(2) in section 217 (42 U.S.C. 13013)--
(A) in subparagraph (A) of subsection (c)(2), by
striking ``Code of Ethics'' and inserting ``Standards
for Programs''; and
(B) by adding at the end the following:
``(e) Reporting by Grantees.--An organization that receives a grant
under this section for a fiscal year shall submit to the Administrator
a report regarding the use of the grant for the fiscal year, including
a discussion of outcome performance measures (which shall be
established by the Administrator) to determine the effectiveness of the
programs of the organization in meeting the needs of children in the
child welfare system.''; and
(3) in subsection (a) of section 219 (42 U.S.C. 13014), by
striking ``fiscal years 2007 through 2011'' and inserting ``the
fiscal years 2013 through 2017''.
SEC. 4. REAUTHORIZATION OF THE CHILD ABUSE TRAINING PROGRAMS FOR
JUDICIAL PERSONNEL AND PRACTITIONERS.
Subsection (a) of section 224 of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13024) is amended to read as follows:
``(a) Authorization.--There is authorized to be appropriated to
carry out this subtitle $2,300,000 for each of the fiscal years 2013
through 2017.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line