§ 20331. Findings and purpose

Statutory text

Findings

The Congress finds that—

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;

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;

the Adoption 1 and Child Welfare Act of 1980 requires courts to—

determine whether the agency made reasonable efforts to prevent foster care placement;

approve voluntary nonjudicial placement; and

provide procedural safeguards for parents when their parent-child relationship is affected;

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;

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

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.

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.

Footnotes

1 So in original. Probably should be “Adoption Assistance”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1990
Victims of Child Abuse Act of 1990
Pub. L. 101–647 title II § 221 · 104 Stat. 4789
Enacted · 34 U.S.C. § 20331
Pub. L. 101–647, title II, § 221, Nov. 29, 1990, 104 Stat. 4796
Source evidence
Code source credit
Pub. L. 101–647, title II, § 221, Nov. 29, 1990, 104 Stat. 4796
Enacted provision · exact public law section
SEC. 221. 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 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 and Child Welfare Act of 1980 requires courts (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 and Child Welfare Act of 1980; (5) compliance with the Adoption 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 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 chapter 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.
1994
Safe Streets for Women Act of 1994
Pub. L. 103–322 title IV § 40156(b)(2) · 108 Stat. 1796
Changed · 34 U.S.C. § 20331(b)
Pub. L. 103–322 made technical amendment to reference to this subchapter to correct reference to corresponding provision of original act
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–322 made technical amendment to reference to this subchapter to correct reference to corresponding provision of original act.
Enacted provision · exact public law section
(2) Technical amendment.— Section 221(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13021(b)) is amended by striking “this chapter” and inserting “this subtitle”.

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (a)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 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. For complete classification of this Act to the Code, see Short Title of 1980 Amendments note set out under section 1305 of Title 42, The Public Health and Welfare, and Tables.

Codification

Section was formerly classified to section 13021 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

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.

Credits

1990–1994 · 2 acts

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

Show as published

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