Pub. L. 109-171, tit. VII, subtit. D, sec. 7401
STRENGTHENING COURTS.
SEC. 7401. STRENGTHENING COURTS.(a) Court Improvement Grants.—(1) In general.—Section 438(a) (42 U.S.C. 629h(a)) is amended—(A) by striking “and” at the end of paragraph (1);(B) by striking the period at the end of paragraph (2) and inserting a semicolon; and(C) by adding at the end the following:“(3) to ensure that the safety, permanence, and well-being needs of children are met in a timely and complete manner; and“(4) to provide for the training of judges, attorneys and other legal personnel in child welfare cases.”.(2) Applications.—Section 438(b) (42 U.S.C. 629h(b)) is amended to read as follows:“(b) Applications.—“(1) In general.—In order to be eligible to receive a grant under this section, a highest State court shall submit to the Secretary an application at such time, in such form, and including such information and assurances as the Secretary may require, including—“(A) in the case of a grant for the purpose described in subsection (a)(3), a description of how courts and child welfare agencies on the local and State levels will collaborate and jointly plan for the collection and sharing of all relevant data and information to demonstrate how improved case tracking and analysis of child abuse and neglect cases will produce safe and timely permanency decisions;“(B) in the case of a grant for the purpose described in subsection (a)(4), a demonstration that a portion of the grant will be used for cross-training initiatives that are jointly planned and executed with the State agency or 120 STAT. 149 any other agency under contract with the State to administer the State program under the State plan under subpart 1, the State plan approved under section 434, or the State plan approved under part E; and“(C) in the case of a grant for any purpose described in subsection (a), a demonstration of meaningful and ongoing collaboration among the courts in the State, the State agency or any other agency under contract with the State who is responsible for administering the State program under part B or E, and, where applicable, Indian tribes.“(2) Separate applications.—A highest State court desiring grants under this section for 2 or more purposes shall submit separate applications for the following grants:“(A) A grant for the purposes described in paragraphs (1) and (2) of subsection (a).“(B) A grant for the purpose described in subsection (a)(3).“(C) A grant for the purpose described in subsection (a)(4).”.(3) Allotments.—Section 438(c) (42 U.S.C. 429h(c)) is amended—(A) in paragraph (1)—(i) by inserting “of this section for a grant described in subsection (b)(2)(A) of this section” after “subsection (b)”; and(ii) by striking “paragraph (2) of this subsection” and inserting “subparagraph (B) of this paragraph”;(B) in paragraph (2)—(i) by striking “this paragraph” and inserting “this subparagraph”;(ii) by striking “paragraph (1) of this subsection” and inserting “subparagraph (A) of this paragraph”; and(iii) by inserting “for such a grant” after “subsection (b)”;(C) by redesignating and indenting paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;(D) by inserting before and above such subparagraph (A) the following:“(1) Grants to assess and improve handling of court proceedings relating to foster care and adoption.—”; and(E) by adding at the end the following:“(2) Grants for improved data collection and training.—“(A) In general.—Each highest State court which has an application approved under subsection (b) of this section for a grant referred to in subparagraph (B) or (C) of subsection (b)(2) shall be entitled to payment, for each of fiscal years 2006 through 2010, from the amount made available under whichever of paragraph (1) or (2) of subsection (e) applies with respect to the grant, of an amount equal to the sum of $85,000 plus the amount described in subparagraph (B) of this paragraph for the fiscal year with respect to the grant.“(B) Formula.—The amount described in this subparagraph for any fiscal year with respect to a grant referred 120 STAT. 150 to in subparagraph (B) or (C) of subsection (b)(2) is the amount that bears the same ratio to the amount made available under subsection (e) for such a grant (reduced by the dollar amount specified in subparagraph (A) of this paragraph) as the number of individuals in the State who have not attained 21 years of age bears to the total number of such individuals in all States the highest State courts of which have approved applications under subsection (b) for such a grant.”.(4) Funding.—Section 438 (42 U.S.C. 629h) is amended by adding at the end the following:“(e) Funding for Grants for Improved Data Collection and Training.—Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary, for each of fiscal years 2006 through 2010—“(1) $10,000,000 for grants referred to in subsection (b)(2)(B); and“(2) $10,000,000 for grants referred to in subsection (b)(2)(C).”.(b) Requirement To Demonstrate Meaningful Collaboration Between Courts and Agencies in Child Welfare Services Programs.—Section 422(b) (42 U.S.C. 622(b)) is amended—(1) by striking “and” at the end of paragraph (13);(2) by striking the period at the end of paragraph (14) and inserting “; and”; and(3) by adding at the end the following:“(15) demonstrate substantial, ongoing, and meaningful collaboration with State courts in the development and implementation of the State plan under subpart 1, the State plan approved under subpart 2, and the State plan approved under part E, and in the development and implementation of any program improvement plan required under section 1123A.”.(c) Use of Child Welfare Records in State Court Proceedings.—Section 471 (42 U.S.C. 671) is amended—(1) in subsection (a)(8), by inserting “subject to subsection (c),” after “(8)”; and(2) by adding at the end the following:“(c) Use of Child Welfare Records in State Court Proceedings.—Subsection (a)(8) shall not be construed to limit the flexibility of a State in determining State policies relating to public access to court proceedings to determine child abuse and neglect or other court hearings held pursuant to part B or this part, except that such policies shall, at a minimum, ensure the safety and well-being of the child, parents, and family.”.