Enhancing efforts to combat the trafficking of children

Section 235(c) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)) is amended— (1)in paragraph (2)— (A)by striking Subject to section 462(b)(2) and inserting

(i)

In general.—Except as provided in clause (ii), subject to section 462(b)(2); (B)by striking In making such placements, the Secretary may consider and inserting In making such placements, the Secretary shall consider; (C)by striking A child shall not be placed and inserting Except as provided in clause (ii), a child shall not be placed; and (D)by adding at the end the following:

(ii)

Additional safeguards

Except in the case of a unaccompanied alien child who is 12 years of age or younger— (I)prior to making a placement under clause (i), the Secretary shall— (aa)contact the consulate or embassy of the country of nationality or last habitual residence of an unaccompanied alien child in the custody of the Secretary of Health and Human Services to request such unaccompanied alien child’s criminal record; and (bb)shall conduct an examination of the unaccompanied alien child for gang-related tattoos and other gang-related markings, and (II)if the Secretary determines that the unaccompanied alien child has a gang-related tattoo, any other gang-related marking, or an arrest record, pending criminal charge, or conviction in his or her country of nationality or last habitual residence relating to gang affiliation or activity, the unaccompanied alien child shall be placed in a secure facility.

Notwithstanding clause (i), the Secretary is not required to review the placement of an unaccompanied alien child in a secure facility under this clause.

; and

(2)in paragraph (3)— (A)in subparagraph (A)— (i)by striking Subject to the requirements of subparagraph (B) and inserting Subject to the requirements of subparagraphs (B) and (D); and (ii)by inserting at the end the following: A child shall not be placed with an individual who is unlawfully present in the United States.; and (B)by inserting at the end the following:

(D)

Information about individuals with whom children are placed

Before placing a child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the individual with whom the child will be placed and all adult residents of the individual’s household, information on— (i)the name of the individual and all adult residents of the individual’s household; (ii)the social security number of the individual and all adult residents of the individual’s household; (iii)the date of birth of the individual and all adult residents of the individual’s household; (iv)the location of the individual’s residence where the child will be placed; (v)the immigration status of the individual and all adult residents of the individual’s household; (vi)contact information for the individual and all adult residents of the individual’s household; and (vii)the results of all background and criminal records checks for the individual and all adult residents of the individual’s household, which shall include at a minimum an investigation of public records sex offender registry conducted through the U.S. Department of Justice National Sex Offender public website, a public records background check, and Federal Bureau of Investigation National Criminal history check based on fingerprints.