110 HR 6649 IH: Foster Children Opportunity U.S. House of Representatives 2008-07-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 110th CONGRESS 2d Session H. R. 6649 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.
1.
Short title
This Act may be cited as the Foster Children Opportunity Act.
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.
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. .
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.
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; .
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.
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.