[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1336 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1336
To require the Federal Government to provide mental health services to
each child who has been separated from one or more parent as a result
of implementation of the Trump Administration's zero tolerance policy
at the United States border, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2019
Ms. Barragan introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require the Federal Government to provide mental health services to
each child who has been separated from one or more parent as a result
of implementation of the Trump Administration's zero tolerance policy
at the United States border, 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 ``Mental Health Care for Children
Inhumanely Separated from Parents by the Federal Government Act of
2019''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) On April 6, 2018, Attorney General Jeff Sessions
announced that the Trump Administration would begin
implementing a new zero tolerance policy for immigrants
crossing the border into the United States illegally.
(2) Between April 19 and May 31, 2018, 1,995 children were
separated by the Department of Homeland Security from their
migrant parents at the border.
(3) On May 8, 2018, the president of the American Academy
of Pediatrics issued a statement opposing separation of
children and parents at the border, explaining that ``highly
stressful experiences, like family separation, can cause
irreparable harm, disrupting a child's brain architecture and
affecting his or her short- and long-term health. This type of
prolonged exposure to serious stress--known as toxic stress--
can carry lifelong consequences for children.''.
(4) On May 29, 2018, the president of the American
Psychological Association issued a statement regarding the
``traumatic effects of separating immigrant families'',
explaining that ``[t]he longer that children and parents are
separated, the greater the reported symptoms of anxiety and
depression for the children. Negative outcomes for children
include psychological distress, academic difficulties and
disruptions in their development.''.
(b) Sense of Congress.--It is the sense of Congress that the
separation of children from migrating parents, as is resulting from the
Trump Administration's implementation of the zero tolerance immigration
policy, is cruel, inhumane, and harmful to the mental health of
separated children.
SEC. 3. MENTAL HEALTH SERVICES FOR CHILDREN SEPARATED BY THE DEPARTMENT
OF HOMELAND SECURITY AT THE BORDER.
(a) In General.--The Federal Government shall, including through
contracts with qualified mental health professionals, ensure that--
(1) beginning not later than 24 hours after a child is
separated from one or more parent by the Department of Homeland
Security at the United States border, such child receives a
mental health assessment by such a professional who is not
employed by the Federal Government;
(2) not later than 24 hours after the date of the enactment
of this Act, any child who was separated from one or more
parent at the United States border at any time on or after
April 6, 2018, shall receive a mental health assessment from
such a professional who is not employed by the Federal
Government;
(3) on an ongoing basis and as described in subsection (c),
a child described in paragraph (1) or (2) is, subject to
subsection (b), provided with mental health services by such a
professional regardless of whether such child remains in a
detention center or is released to a family member or guardian
(provided such child remains in the United States) and an
adequate network of such professionals is available nationwide
to enable access to such services; and
(4) 100 percent of the costs of such assessment and
services provided to a child pursuant to this subsection are
covered by the Federal Government, without any cost-sharing or
other related obligation with respect to such assessment or
services provided to such child.
(b) Opt-Out.--After release from a detention center, the parent or
legal guardian of a child described in subsection (a) may choose for
such child to not receive services otherwise made available pursuant to
paragraph (3) of such subsection and to not be provided an independent
assessment described in subsection (c).
(c) Termination.--On an annual basis, a child receiving mental
health services provided pursuant to subsection (a)(3) shall be subject
to an independent assessment by a qualified mental health professional
who is not directly involved in the provision of mental health services
to such child and who is not employed by the Federal Government to
determine whether such child continues to need such services or if such
services should be terminated. In the case a determination is made
pursuant to the previous sentence that such services should be
terminated, the requirements under subsection (a) with respect to such
child shall terminate. Prior to the termination of services, the
qualified mental health professional involved in the provision of
mental health services to such child shall consult the parent or
guardian of such child in planning for reducing and then terminating
such services.
(d) Qualified Mental Health Professional Defined.--In this section,
the term ``qualified mental health professional'' means a provider of
mental health services who is eligible to participate as such a
provider under a State plan under the Medicaid program under title XIX
of the Social Security Act or under a State child health plan under the
Children's Health Insurance Program under title XXI of such Act and
who--
(1) has training in the treatment of mental illness in
children and adolescents; and
(2) agrees to maintain patient records for children and
adolescents receiving mental health services under this Act in
accordance with State and Federal health information privacy
and security laws in the same manner and to the same extent as
such provider would be required under such laws to maintain
such records for such children and adolescents if such children
and adolescents were nationals of the United States (as such
term is defined in paragraph (22) of section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101)).
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