[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6649 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6649

   To amend part E of title IV of the Social Security Act to require 
States to help alien children in the child welfare system apply for all 
     available forms of immigration relief, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2008

Mr. Stark (for himself and Mr. Becerra) introduced the following bill; 
         which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
   To amend part E of title IV of the Social Security Act to require 
States to help alien children in the child welfare system apply for all 
     available forms of immigration relief, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foster Children Opportunity Act''.

SEC. 2. STATE PLAN REQUIREMENT TO HAVE PROCEDURES TO HELP ALIEN 
              CHILDREN IN THE CHILD WELFARE SYSTEM ACHIEVE SPECIAL 
              IMMIGRANT JUVENILE STATUS AND LAWFUL PERMANENT RESIDENT 
              STATUS.

    Sect. 471(a)(27) of the Social Security Act (42 U.S.C. 671(a)(27)) 
is amended by inserting ``, and if the child is an alien, for assisting 
the child in applying for special immigrant juvenile status, lawful 
permanent resident status, and other forms of relief under immigration 
law, before the child exits foster care, if doing so would be in the 
best interests of the child'' before the period.

SEC. 3. REQUIREMENT THAT STATE CHILD WELFARE AGENCIES DOCUMENT THEIR 
              EFFORTS TO PURSUE LEGAL IMMIGRANT STATUS FOR ELIGIBLE 
              ALIEN FOSTER CHILDREN.

    Section 475(1) of the Social Security Act (42 U.S.C. 675(1)) is 
amended by adding at the end the following:
                    ``(F) In the case of an alien child who may qualify 
                for special immigrant juvenile status, lawful permanent 
                resident status, and other forms of relief under 
                immigration law, documentation of the steps the agency 
                is taking in assisting the child to obtain the status 
                before exiting foster care, including whether the 
                requisite petitions have been filed on behalf of the 
                child, and whether assistance has been provided to 
                secure immigration legal counsel for the child.''.

SEC. 4. REQUIREMENT TO FILE PETITIONS FOR SPECIAL IMMIGRANT STATUS AND 
              LAWFUL PERMANENT RESIDENT STATUS FOR ALIEN FOSTER 
              CHILDREN IN APPROPRIATE CASES.

    Section 475(5)(C)(i) of the Social Security Act (42 U.S.C. 
675(5)(C)(i)) is amended by inserting ``, and, in the case of an alien 
child who will not be returned to a parent of the child, the hearing 
shall determine whether petitions for special immigrant juvenile status 
and lawful permanent resident status have been filed on behalf of the 
child and, if such a petition has not been so filed, whether it is in 
the best interests of the child to have such a petition so filed or to 
have immigration counsel appointed'' before the semicolon.

SEC. 5. AUTHORITY TO USE COURT IMPROVEMENT PROGRAM GRANT FUNDS TO 
              EDUCATE AND TRAIN JUDGES AND LAWYERS TO ASSIST ALIEN 
              CHILDREN IN ACHIEVING SPECIAL IMMIGRANT JUVENILE STATUS 
              AND LAWFUL PERMANENT RESIDENT STATUS.

    Section 438(a)(2) of the Social Security Act (42 U.S.C. 629h(a)(2)) 
is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by adding ``and'' at the end of subparagraph (B); and
            (3) by adding at the end the following:
                    ``(C) to educate and train judges and attorneys to 
                assist alien children in achieving special immigrant 
                juvenile status in a timely manner;''.

SEC. 6. TECHNICAL ASSISTANCE FOR CHILD WELFARE AGENCIES.

    On request of a State child welfare agency for technical assistance 
in carrying out the amendments made by this Act, the Secretary of 
Health and Human Services, in consultation with the Secretary of 
Homeland Security, shall provide the assistance, and may award grants 
to and enter into contracts with non-profit or other community-based 
service providers to perform the assistance.

SEC. 7. EFFECTIVE DATE.

    (a) In General.--The amendments made by this Act shall take effect 
on the date of the enactment of this Act, and shall apply to payments 
under part E of title IV of the Social Security Act for quarters 
beginning on or after such date.
    (b) Delay Permitted if State Legislation Required.--In the case of 
a State plan approved under part E of title IV of the Social Security 
Act which the Secretary of Health and Human Services determines 
requires State legislation (other than legislation appropriating funds) 
in order for the plan to meet the additional requirements imposed by 
this Act, the State plan shall not be regarded as failing to comply 
with the requirements of such part solely on the basis of the failure 
of the plan to meet such additional requirements before the 1st day of 
the 1st calendar quarter beginning after the close of the 1st regular 
session of the State legislature that ends after the 1-year period 
beginning with the date of the enactment of this Act. For purposes of 
the preceding sentence, in the case of a State that has a 2-year 
legislative session, each year of the session is deemed to be a 
separate regular session of the State legislature.
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