42 U.S.C. § 13021 : US Code - Section 13021: Findings and purpose

Search 42 U.S.C. § 13021 : US Code - Section 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 -
(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.