[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Pages S613-S635]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1467. Mr. MERKLEY submitted an amendment intended to be proposed
to amendment SA 1388 submitted by Mrs. Murray (for herself and Mr.
Schumer) and intended to be proposed to the bill H.R. 815, to amend
title 38, United States Code, to make certain improvements relating to
the eligibility of veterans to receive reimbursement for emergency
treatment furnished through the Veterans Community Care program, and
for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION C--CHILDREN'S SAFE WELCOME ACT OF 2024
SECTION 4001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Children's Safe Welcome Act of 2024''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION C--CHILDREN'S SAFE WELCOME ACT OF 2024
Sec. 4001. Short title; table of contents.
Sec. 4002. Definitions.
TITLE I--PROCEDURES AND TEMPORARY PLACEMENTS FOLLOWING APPREHENSION
Sec. 4101. Prohibition on family separation.
Sec. 4102. Protections for noncitizen children.
Sec. 4103. Nonadversarial asylum processing for noncitizen children.
Sec. 4104. Standards for U.S. Customs and Border Protection detention
of noncitizen children.
Sec. 4105. Standards for U.S. Customs and Border Protection facilities
housing noncitizen children.
Sec. 4106. Modification of term ``asylum officer'' to exclude officers
of U.S. Customs and Border Protection.
TITLE II--STANDARDS FOR DEPARTMENT OF HEALTH AND HUMAN SERVICES CUSTODY
OF UNACCOMPANIED NONCITIZEN CHILDREN
Subtitle A--Standards for Foster Care Homes and Childcare Facilities
Sec. 4201. Operation of foster care homes and childcare facilities.
Sec. 4202. Notice of rights.
Sec. 4203. Staffing and training.
Subtitle B--Services for Unaccompanied Noncitizen Children
Sec. 4211. Required services.
Sec. 4212. Evaluation for disability.
Sec. 4213. Education.
Sec. 4214. Recreation.
Subtitle C--Placement of Children
Sec. 4221. Phasing out large congregate care facilities.
Sec. 4222. Least restrictive setting.
Sec. 4223. Foster family care.
Sec. 4224. Additional requirements relating to children with
disabilities and children with mental health needs.
Sec. 4225. Minimizing transfers.
Sec. 4226. Restrictive placements.
Sec. 4227. Judicial review of placement.
Subtitle D--Family Reunification and Standards Relating to Sponsors
Sec. 4231. Family reunification efforts by Office of Refugee
Resettlement.
Sec. 4232. Standards relating to sponsors.
Sec. 4233. Special considerations relating to release of children with
disabilities.
Subtitle E--Release
Sec. 4241. Procedures for release.
Sec. 4242. Post-release services.
Sec. 4243. Individuals attaining 18 years of age.
Sec. 4244. Custody review by Ombudsperson.
TITLE III--EMERGENCIES AND INFLUXES
Sec. 4301. Sense of Congress.
Sec. 4302. Definitions.
Sec. 4303. Placement.
Sec. 4304. Planning for emergencies and influxes.
Sec. 4305. Influx facility standards and staffing.
Sec. 4306. Monitoring and oversight.
TITLE IV--LEGAL REPRESENTATION FOR UNACCOMPANIED NONCITIZEN CHILDREN
Sec. 4401. Legal orientation presentations and legal screenings.
Sec. 4402. Legal representation.
TITLE V--APPOINTMENT OF CHILD ADVOCATES AND IMPROVEMENTS TO IMMIGRATION
COURTS
Sec. 4501. Appointment of child advocates.
Sec. 4502. Immigration court improvements.
TITLE VI--OVERSIGHT, MONITORING, AND ENFORCEMENT
Sec. 4601. Office of the Ombudsperson for Unaccompanied Noncitizen
Children in Immigration Custody.
Sec. 4602. Data collection and reporting.
Sec. 4603. Enforcement.
Sec. 4604. Protection from retaliation.
Sec. 4605. Mandatory access to detention facilities for Members of
Congress.
TITLE VII--NONDISCRIMINATION
Sec. 4701. Fair and equal treatment.
Sec. 4702. Responsibilities of care providers.
TITLE VIII--INFORMATION SHARING AND DATA PROTECTION
Sec. 4801. Separation of records.
Sec. 4802. Prohibition on use for denial of relief or in removal
proceedings.
Sec. 4803. Disclosure.
Sec. 4804. Prohibition on information sharing.
Sec. 4805. Counseling records.
Sec. 4806. Data protection for sponsors.
TITLE IX--MISCELLANEOUS PROVISION
Sec. 4901. Rule of construction.
SEC. 4002. DEFINITIONS.
In this division:
(1) Best interests of the child.--With respect to an
accompanied noncitizen child or unaccompanied noncitizen
child, the term ``best interests of the child'' means a
consideration, informed to the extent practicable by the
child and the parents or guardian and extended family of the
child, that takes into account--
(A) the safety and well-being of the child;
(B) the expressed interests of the child, taking into
account the child's age and stage of development;
(C) the physical and mental health of the child;
(D) the right of the child to--
(i) family integrity;
(ii) liberty; and
(iii) development; and
(E) the identity of the child, including religious, ethnic,
linguistic, gender, sexual orientation, and cultural
identity.
(2) Childcare facility.--The term ``childcare facility''
means a facility operated by the Department of Health and
Human Services, or a contractor or grantee
[[Page S614]]
of the Department of Health and Human Services, that--
(A) is a State-licensed program; and
(B) provides residential care for unaccompanied noncitizen
children.
(3) Director.--The term ``Director'' means the Director of
the Office of Refugee Resettlement.
(4) Flores settlement agreement.--The term ``Flores
settlement agreement'' means the stipulated settlement
agreement in Reno v. Flores, as filed in the United States
District Court for the Central District of California on
January 17, 1997 (CV-85-4544-RJK), including all subsequent
court decisions, orders, agreements, and stipulations.
(5) Immigration custody.--The term ``immigration custody''
means the physical custody of the Secretary of Health and
Human Services or the Secretary of Homeland Security (or the
head of any successor agency of the Department of Health and
Human Services or the Department of Homeland Security).
(6) Influx.--The term ``influx'' means a period--
(A) beginning on the date on which, for not less than 7
consecutive days, the net available bed capacity of State-
licensed programs that is occupied or held for placement by
unaccompanied noncitizen children is 85 percent or more; and
(B) ending on the date on which, for not less than 7
consecutive days, such bed capacity occupied or held for
placement by unaccompanied noncitizen children is less than
85 percent.
(7) Influx facility.--The term ``influx facility'' means
any facility established to provide temporary emergency
shelter and services for unaccompanied noncitizen children
during an influx or emergency.
(8) Noncitizen.--The term ``noncitizen'' means an
individual who is not a citizen or national of the United
States.
(9) Noncitizen child.--The term ``noncitizen child'' means
a noncitizen under the age of 18 years.
(10) Nonparent family member.--With respect to an
unaccompanied noncitizen child apprehended with a nonparent
family member, the term ``nonparent family member'' means an
individual who is--
(A) 18 years of age or older; and
(B) a relative of such child, including a grandparent,
aunt, uncle, first cousin, sibling, and fictive kin.
(11) Ombudsperson.--The term ``Ombudsperson'' means the
Ombudsperson of the Office of the Ombudsperson for
Unaccompanied Noncitizen Children established under section
4601.
(12) Out-of-network facility.--The term ``out-of-network
facility'' means any public or private facility, including a
mental health facility, or any other location that--
(A) is used to provide residential care for unaccompanied
noncitizen children; and
(B) is not an Office of Refugee Resettlement facility.
(13) Prospective sponsor.--The term ``prospective sponsor''
means an individual or entity who applies for custody of an
unaccompanied noncitizen child.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(15) Secure facility.--The term ``secure facility'' means
any public or private facility that is opened by a program,
agency, or organization that is licensed by an appropriate
State agency to provide residential care for children who
have been adjudicated delinquent.
(16) Special needs noncitizen child.--The term ``special
needs noncitizen child''--
(A)(i) means a noncitizen under the age of 18 years, the
mental or physical condition of whom requires special
services or medical equipment and special treatment by the
staff of a childcare facility; and
(ii) includes such an individual who--
(I) has special needs due to drug or alcohol abuse, serious
emotional disturbance, mental illness, developmental or
cognitive delay, or a physical condition or chronic illness
that requires special services or treatment;
(II) is an individual with a disability (as defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102)); or
(III) requires special services or treatment as a result of
neglect or abuse; and
(B) in the case of a child who is 12 years of age or older,
means such a child who consents to such designation,
services, and treatment.
(17) Sponsor.--The term ``sponsor'' means an individual or
entity who has been approved by the Director to assume care
of an unaccompanied noncitizen child on release from the
custody of the Secretary.
(18) Staff-secure facility.--The term ``staff-secure
facility''--
(A) means any public or private facility that is licensed
by an appropriate State agency to provide residential care
for children who have been determined to require close or
intensive care in accordance with section 4226(c)(3); and
(B) does not include a facility that provides residential
care to children who have been adjudicated delinquent.
(19) State-licensed program.--The term ``State-licensed
program'' means any public or private program, agency, or
organization licensed by an appropriate State agency to
provide residential, group, or foster care services for
unaccompanied noncitizen children (including a program
operating group homes, foster homes, or facilities for
special needs noncitizen children) that complies with
applicable--
(A) State child welfare laws, regulations, and policies;
(B) State and local building, fire, health, and safety laws
and regulations;
(C) Federal, State, and local human rights and privacy
laws, as applicable; and
(D) State staffing and training requirements.
(20) Tender age minor.--The term ``tender age minor'' means
an individual who is 12 years of age or younger or has the
developmental age of such an individual.
(21) Unaccompanied noncitizen child.--The term
``unaccompanied noncitizen child'' has the meaning given the
term ``unaccompanied alien child'' in section 462(g) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)).
TITLE I--PROCEDURES AND TEMPORARY PLACEMENTS FOLLOWING APPREHENSION
SEC. 4101. PROHIBITION ON FAMILY SEPARATION.
(a) In General.--A noncitizen child shall remain physically
together with their parent, legal guardian, or nonparent
family member at all times while in the custody of the
Secretary of Homeland Security or the Secretary of Health and
Human Services, unless--
(1) the noncitizen child requests privacy temporarily;
(2) during the screening process, a determination is made
based on clear and convincing evidence that the parent or
legal guardian of the noncitizen child, or the nonparent
family member of the child who has been determined by a child
welfare expert to be suitable to provide care and physical
custody of the child in the United States, presents an
imminent threat to United States national security or is
inadmissible under subparagraphs (C)(i), (E), (G), or (I) of
section 212(a)(2) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)); or
(3) the child welfare expert documents, based on clear and
convincing evidence, that the continued care of the
noncitizen child by the parent, legal guardian, or nonparent
family member is likely to result in serious emotional or
physical damage to the child.
(b) Role of DHS.--An employee or contractor of the
Department of Homeland Security may not play any role in the
documentation or determination described in subsection (a).
(c) Termination of Separation.--In the case of a separation
under paragraph (2) or (3) of subsection (a), as soon as
practicable after the potential damage to the child is
sufficiently mitigated or remedied--
(1) in the case of a child in the custody of the Secretary
of Health and Human Services, the Secretary of Health and
Human Services shall reunify the child with the individual
from whom they were separated; and
(2) in the case of a child in the custody of the Secretary
of Homeland Security, the Secretary of Homeland Security
shall release the individual in accordance with subsection
(a)(5) of section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232), as amended by section 4102.
(d) Challenge to Separation.--In the case of a separation
under paragraph (2) or (3) of subsection (a), the Secretary
of Homeland Security shall--
(1) notify the parents, legal guardians, and children
concerned of their--
(A) right to challenge such separation under titles VI and
VII; and
(B) private right of action to seek review before a
district court of the United States; and
(2) provide a copy of any determination, evidence, arrest
warrants, or other documentation supporting such separation
to such individuals and their attorneys.
(e) Treatment of Unaccompanied Children Traveling With
Certain Caregivers.--Unaccompanied children traveling with a
nonparent family member shall be treated by the Secretary of
Health and Human Services in accordance with paragraph (3)(C)
of section 235(b) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(b)), as amended by section 4102.
(f) Staffing.--
(1) Child welfare experts.--The Secretary of Health and
Human Services shall hire child welfare experts to carry out
the screening process described in subsection (a).
(2) Qualifications.--Each child welfare expert hired under
this subsection shall--
(A) be professionally trained and licensed in social work;
(B) have direct experience providing trauma-informed care
to children who have experienced trauma; and
(C) be proficient in Spanish or 1 of the top 5 most common
languages spoken by noncitizen children in the past 5 years.
SEC. 4102. PROTECTIONS FOR NONCITIZEN CHILDREN.
Section 235 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is
amended--
(1) by striking ``unaccompanied alien child'' each place it
appears and inserting ``unaccompanied noncitizen child'';
(2) by striking ``unaccompanied alien child's'' each place
it appears and inserting ``unaccompanied noncitizen
child's'';
(3) by striking ``unaccompanied alien children'' each place
it appears and inserting ``unaccompanied noncitizen
children'';
(4) by striking ``unaccompanied alien children's'' each
place it appears and inserting ``unaccompanied noncitizen
children's'';
[[Page S615]]
(5) in subsection (a)--
(A) by striking paragraphs (2) and (4);
(B) by redesignating paragraphs (3) and (5) as paragraphs
(2) and (3), respectively;
(C) in paragraph (2), as redesignated, in the paragraph
heading, by striking ``other'' and inserting ``unaccompanied
noncitizen'';
(D) in paragraph (3), as redesignated--
(i) in subparagraph (C), in the subparagraph heading, by
striking ``unaccompanied alien children'' and inserting
``unaccompanied noncitizen children''; and
(ii) in subparagraph (D), in the matter preceding clause
(i), by striking ``, except for an unaccompanied alien child
from a contiguous country subject to exceptions under
subsection (a)(2),''; and
(E) by inserting after paragraph (3), as redesignated, the
following:
``(4) Child caregiver professionals at the border.--
``(A) In general.--The Secretary of Homeland Security shall
ensure that a licensed child caregiver professional is
physically present to provide onsite expertise at each--
``(i) land port of entry at which noncitizen children are
most likely to enter;
``(ii) Border Patrol station on the southern border; and
``(iii) U.S. Customs and Border Protection processing
facility and reception center, regardless of whether such
facility or center is temporary in nature.
``(B) Qualifications.--
``(i) In general.--Such a child caregiver professional--
``(I) shall--
``(aa) be professionally trained and licensed to provide
services to children;
``(bb) have direct experience providing trauma-informed
care to children who have experienced trauma; and
``(cc) subject to clause (ii), be proficient in Spanish or
1 of the top 5 most common languages spoken by noncitizen
children in the past 5 years; and
``(II) may be a licensed childcare worker, licensed
pediatric health professional, or licensed child welfare
professional.
``(ii) Phase-in of language proficiency.--During the 3-year
period beginning on the date of the enactment of the
Children's Safe Welcome Act of 2024, 25 percent of the child
caregiver professionals hired by the Secretary of Homeland
Security to carry out the duties under this section shall be
exempt from clause (i)(III).
``(C) Oversight of care.--Such a child caregiver
professional shall oversee the care of noncitizen children in
U.S. Customs and Border Protection facilities, consistent
with the standards established under sections 4104 and 4105
of the Children's Safe Welcome Act of 2024, including by--
``(i) issuing and ensuring access to adequate food,
hydration, hygiene necessities, clothing, and other supplies
as needed;
``(ii) supporting general care to infants and children,
including monitoring, changing diapers, assisting with toilet
use and handwashing, feeding any child who is not able to
feed himself or herself, and identifying and tending to other
similar basic needs of children as such needs arise;
``(iii) providing supervision and support to children
during recreational and exercise activities;
``(iv) maintaining a safe working environment and observing
and encouraging adherence to safety rules and health
guidelines; and
``(v) referring any suspected or reported medical or mental
health issues to onsite Border Patrol or U.S. Customs and
Border Protection personnel and medical personnel.
``(D) Availability.--Caregiver services provided under this
paragraph shall be--
``(i) available 24 hours per day, 7 days per week,
including on weekends and Federal holidays; and
``(ii) provided by a mixed-gender staff, including not
fewer than 1 male and 1 female staff member at all times.
``(5) Release of children apprehended with parents,
adoptive parents, or legal guardians.--In the case of a child
apprehended with a parent, adoptive parent, or legal
guardian, the Secretary of Homeland Security shall--
``(A) subject to paragraph (2) or (3) of section 4101(a) of
the Children's Safe Welcome Act of 2024, release the child
together with the parent, adoptive parent, or legal guardian,
as applicable; and
``(B) ensure that the child is provided with support from a
qualified nongovernmental community-based organization with
experience providing services to immigrant, refugee, and
asylum-seeking populations.
``(6) Release of children apprehended with nonparent family
members.--In the case of a child apprehended with a nonparent
family member determined under subsection (b)(3)(C)(iii) to
be an appropriate sponsor for the child, the Secretary of
Health and Human Services shall--
``(A) subject to paragraph (2) or (3) of section 4101(a) of
the Children's Safe Welcome Act of 2024, release the child
together with the nonparent family member; and
``(B) ensure that the child is provided with support from a
qualified nongovernmental community-based organization with
experience providing services to immigrant, refugee, and
asylum-seeking populations.
``(7) Prohibition on operation of family detention
facilities.--The Federal Government may not operate, under
any circumstance, a family detention facility.'';
(6) in subsection (b)--
(A) in paragraph (1), in the paragraph heading, by striking
``unaccompanied alien children'' and inserting
``unaccompanied noncitizen children'';
(B) in paragraph (3)--
(i) in the paragraph heading, by striking ``unaccompanied
alien children'' and inserting ``unaccompanied noncitizen
children'';
(ii) by striking ``Except in the case of exceptional
circumstances,'' and inserting the following:
``(A) In general.--Except in the case of exceptional
circumstances, subject to subparagraph (B),''; and
(iii) by adding at the end the following:
``(B) Limitation on u.s. customs and border protection
custody.--Under no circumstance may the Commissioner hold an
unaccompanied or accompanied noncitizen child in custody for
more than 72 hours.
``(C) Reception centers.--
``(i) Designation.--The Commissioner shall designate 1 or
more reception centers located within 100 miles of each port
of entry and each Border Patrol Station on the southern
border for the purpose of conducting expedited evaluations
described in clause (iii).
``(ii) Transfer.--In the case of an unaccompanied
noncitizen child apprehended with a nonparent family member,
the Commissioner shall immediately transfer the child and his
or her 1 or more nonparent family members, as applicable, to
a reception center designated under clause (i) for the
purpose of an evaluation under clause (iii).
``(iii) Expedited evaluations.--
``(I) In general.--On the arrival of an unaccompanied
noncitizen child apprehended with a nonparent family member
at a designated reception center, a case manager or case
coordinator of the Department of Health and Human Services
shall evaluate the child to determine whether he or she may
be released safely from U.S. Customs and Border Protection
custody to the nonparent family member with whom the child
was apprehended.
``(II) Private space.--The Commissioner shall make
available in each designated reception center a private space
in which such a case manager or case coordinator may carry
out such evaluations.
``(iv) Staffing.--
``(I) Case managers and case coordinators.--
``(aa) In general.--Case managers and case coordinators of
the Department of Health and Human Services shall be detailed
to designated reception centers for brief periods to ensure
the independence of Department of Health and Human Services
staff from the duties and functions of U.S. Customs and
Border Protection.
``(bb) Duties.--A case manager or case coordinator detailed
to a designated reception center shall assist the Federal
field specialist at the reception center in verifying family
relationships and screening each unaccompanied noncitizen
child apprehended with a nonparent family member for safety
concerns using existing or newly developed Department of
Health and Human Services tools and skills, including
document review, observation, and interviews of the child and
family members.
``(II) Federal field specialists.--
``(aa) In general.--Federal field specialists of the
Department of Health and Human Services shall prioritize for
review the release decisions for any child arriving at the
border of the United States with a relative who is not a
parent of the child, whom the Director of the Office of
Refugee Resettlement would consider as a potential sponsor
for the child.
``(bb) Duties.--Such a Federal field specialist shall work
with case managers and case coordinators to review the
recommendation of case managers or case coordinators with
respect to the qualification of such relatives as sponsors
for such children.
``(III) Legal services providers.--The Secretary of Health
and Human Services shall enter into 1 or more contracts with
nongovernmental legal services providers to provide legal
orientation presentations to accompanied noncitizen children
and unaccompanied noncitizen children apprehended with
nonparent family members and their parents or legal guardians
or nonparent family members, as applicable, under
consideration for expedited release under this subparagraph.
``(v) Release decision.--The Secretary of Health and Human
Services shall make a determination with respect to expedited
release under this subparagraph not later than 72 hours after
the child has been determined to be an unaccompanied
noncitizen child.
``(vi) Release of nonparent family member.--
``(I) In general.--If the Secretary of Health and Human
Services determines that the nonparent family member of an
unaccompanied noncitizen child apprehended with a nonparent
family member is a safe sponsor, and the applicable Federal
field specialist and case manager or case coordinator have
verified the family relationship, the Commissioner shall
approve the release of the nonparent family member for the
purpose of reunification with the child.
``(II) Retention of unaccompanied noncitizen child
determination.--An unaccompanied noncitizen child released to
a nonparent family member who is released under subclause (I)
shall retain his or her determination as an unaccompanied
noncitizen child.
``(III) Post-release counsel and services.--The Secretary
of Health and Human
[[Page S616]]
Services shall provide to each child released to a nonparent
family member who is released under subclause (I) post-
release counsel and services, such as legal counsel, in the
location in which the child's removal proceedings are
scheduled.
``(vii) Transfer to office of refugee resettlement
custody.--
``(I) In general.--If the Secretary of Health and Human
Services cannot make a determination with respect to whether
a nonparent family member is an imminent substantial and
credible threat to a child within 72 hours after the
Commissioner has made the unaccompanied noncitizen child
determination, or if an unaccompanied noncitizen child
apprehended with a nonparent family member is denied
expedited release under this subparagraph--
``(aa) such child shall be placed in the least restrictive
setting;
``(bb) notice shall be provided to the nonparent family
member and the parents or legal guardians of the child, to
the extent such individuals may be ascertained and contacted,
with respect to--
``(AA) the reason for the inability to timely make such
determination or for the denial; and
``(BB) the location of the child's transfer and any
subsequent transfer; and
``(cc) the family relationship shall be documented.
``(II) Appointment of child advocate.--In the case of a
child denied expedited release under this subparagraph, the
Secretary of Health and Human Services shall appoint a child
advocate for the child.
``(viii) Prohibition.--The adjudication of asylum
applications shall not be carried out in a reception center
designated under this subparagraph.
``(D) Transportation.--
``(i) In general.--Except as provided in clause (ii), the
Commissioner may not transport any unaccompanied noncitizen
child in a vehicle with a detained adult who is not related
to the child.
``(ii) Exception.--
``(I) In general.--The Commissioner may transport an
unaccompanied noncitizen child in a vehicle with such an
adult only from the place of arrest or apprehension to a U.S.
Customs and Border Protection facility.
``(II) Precautions.--In transporting an unaccompanied
noncitizen child under subclause (I), the Commissioner shall
take necessary precautions for the protection and well-being
of the unaccompanied noncitizen child.''; and
(C) by adding at the end the following:
``(5) Substantive and procedural protections.--
``(A) In general.--On a determination that a child is an
unaccompanied noncitizen child, the unaccompanied noncitizen
child shall be afforded, for the duration of the
unaccompanied noncitizen child's removal proceedings, all
substantive and procedural protections provided under this
section and any other applicable Federal law.
``(B) Unaccompanied noncitizen child determination.--No
Federal agency, officer, or personnel may--
``(i) reevaluate or revoke a determination that a child is
an unaccompanied noncitizen child, unless an age assessment
conducted by the Secretary of Health and Human Services
consistent with section 4105(h) of the Children's Safe
Welcome Act of 2024 indicates that the individual is 18 years
of age or older; or
``(ii) deny or impede access to any protection provided for
unaccompanied noncitizen children under Federal law,
including on the basis of--
``(I) the reunification of an unaccompanied noncitizen
child with a parent or legal guardian;
``(II) the release of an unaccompanied noncitizen child to
a nonparent family member in accordance with subsection
(b)(3)(C)(vi); or
``(III) an unaccompanied noncitizen child having attained
18 years of age.'';
(7) in subsection (d)(8), in the paragraph heading, by
striking ``unaccompanied alien children'' and inserting
``unaccompanied noncitizen children'';
(8) by striking subsection (g);
(9) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively; and
(10) by adding at the end the following:
``(i) Access to Legal Services.--Each child in immigration
custody, including accompanied noncitizen children, shall--
``(1) receive a legal orientation presentation; and
``(2) have access to legal counsel and child advocates.
``(j) Treatment of Adult Family Members Apprehended With
Children.--
``(1) In general.--A parent or legal guardian or a
nonparent family member who is apprehended with a child shall
be placed in removal proceedings under section 240 of the
Immigration and Nationality Act (8 U.S.C. 1229a).
``(2) Requirement.--Such a parent or legal guardian or
nonparent family member and the child concerned shall be
provided an opportunity--
``(A) to consult, independently and jointly, legal counsel;
and
``(B) to request such measures as may be necessary to
ensure--
``(i) full and fair consideration of their cases for relief
from removal; and
``(ii) the best interests of the child.
``(k) Removal Proceedings for Accompanied Noncitizen
Children.--With respect to an accompanied noncitizen child,
the child and their parent or legal guardian may only be
placed in removal proceedings under section 240 of the
Immigration and Nationality Act (8 U.S.C. 1229a).
``(l) Definitions.--In this section:
``(1) Accompanied noncitizen child.--The term `accompanied
noncitizen child' means a noncitizen under 18 years of age
who--
``(A) has no lawful immigration status in the United
States; and
``(B) is apprehended while traveling with a parent,
adoptive parent, or legal guardian.
``(2) Commissioner.--The term `Commissioner' means the
Commissioner of U.S. Customs and Border Protection.
``(3) Danger of abuse or neglect at the hands of the
parent, legal guardian, or nonparent family member.--The term
`danger of abuse or neglect at the hands of the parent, legal
guardian, or nonparent family member' shall not mean
migrating to or crossing the United States border.
``(4) Nonparent family member.--With respect to an
unaccompanied noncitizen child apprehended with a nonparent
family member, the term `nonparent family member' means an
individual who is--
``(A) 18 years of age or older; and
``(B) a relative of such child, including a grandparent,
aunt, uncle, first cousin, sibling, and fictive kin.
``(5) Unaccompanied noncitizen child.--The term
`unaccompanied noncitizen child' has the meaning given the
term `unaccompanied alien child' in section 462(g) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)).
``(6) Unaccompanied noncitizen child apprehended with a
nonparent family member.--The term `unaccompanied noncitizen
child apprehended with a nonparent family member' means an
unaccompanied noncitizen child who is apprehended while
traveling with a nonparent family member.''.
SEC. 4103. NONADVERSARIAL ASYLUM PROCESSING FOR NONCITIZEN
CHILDREN.
Section 208(b)(3)(C) of the Immigration and Nationality Act
(8 U.S.C. 1158(b)(3)(C)) is amended to read as follows:
``(C) Nonadversarial asylum processing for children.--The
Director of U.S. Citizenship and Immigration Services shall
have jurisdiction over the asylum application of an
individual who--
``(i) has been classified as an unaccompanied noncitizen
child (as defined in section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232)), regardless of the age or marital status of the
individual on the date on which he or she files an asylum
application;
``(ii) was a child apprehended with a parent, adoptive
parent, or legal guardian, regardless of the age or marital
status of the individual on the date on which he or she files
an asylum application; or
``(iii) is the parent or legal guardian of an individual
described in clause (ii).''.
SEC. 4104. STANDARDS FOR U.S. CUSTOMS AND BORDER PROTECTION
DETENTION OF NONCITIZEN CHILDREN.
(a) Initial Processing of Noncitizen Children and Families
With Noncitizen Children.--
(1) In general.--The Commissioner of U.S. Customs and
Border Protection (referred to in this title as the
``Commissioner'') may only detain a noncitizen child for the
purpose of initial processing.
(2) Time limitation.--Under no circumstance may the
Commissioner detain a family with a noncitizen child for more
than 72 hours.
(b) Prioritization of Best Interests of the Child and
Family Unity.--In all decisions undertaken by the
Commissioner with respect to the detention of a noncitizen
child, the Commissioner shall prioritize--
(1) the best interests of the noncitizen child; and
(2) in the case of a noncitizen child apprehended with a
parent, legal guardian, or nonparent family member, family
unity.
SEC. 4105. STANDARDS FOR U.S. CUSTOMS AND BORDER PROTECTION
FACILITIES HOUSING NONCITIZEN CHILDREN.
(a) In General.--A noncitizen child may not be housed in a
U.S. Customs and Border Protection facility that is not in
compliance with this division or the amendments made by this
division.
(b) Humanitarian Access.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security
and the Secretary of Health and Human Services shall jointly
develop operating procedures to provide employees of the
Department of Health and Human Services immediate access to
any U.S. Customs and Border Protection facility so as to
facilitate the humane treatment of individuals and families
encountered at the border.
(2) Elements.--The procedures developed under paragraph (1)
shall, at a minimum, provide that--
(A) for each U.S. Customs and Border Protection facility in
which an individual may be detained in U.S. Customs and
Border Protection custody longer than 72 hours, the
Department of Health and Human Services shall have access to
a separate designated space in the facility so that
Department of Health and Human Services employees may conduct
medical and mental health screenings, ensure opportunities
for general hygiene, provide adequate food and hydration,
offer nursing and diapering supplies,
[[Page S617]]
and provide appropriate space for children; and
(B) employees of the Department of Health and Human
Services at such a facility shall immediately begin efforts--
(i) to reunify unaccompanied children with sponsors in the
United States; and
(ii) verify family relationships to ensure that
unaccompanied children who arrive with a nonparent family
member may remain in the care of such nonparent family
member.
(c) National Standards on Transport, Escort, Detention, and
Search.--
(1) Review.--Not later than 180 days after the date of the
enactment of this Act, the Commissioner, in consultation with
stakeholder organizations that serve immigrant and refugee
children and families, shall conduct a review of the U.S.
Customs and Border Protection standards entitled ``National
Standards on Transport, Escort, Detention, and Search''
issued in October 2015, to identify necessary improvements
with respect to the treatment and care of noncitizen children
in U.S. Customs and Border Protection custody.
(2) Revision.--Not later than 90 days after the date on
which the review required by paragraph (1) is completed, the
Commissioner shall revise such standards to incorporate the
improvements identified by the review.
(3) Compliance.--Not later than 180 days after the revision
under paragraph (2), each U.S. Customs and Border Protection
facility that houses 1 or more noncitizen children shall
attain compliance with the revised standards.
(d) Facility Requirements.--
(1) In general.--The Commissioner shall ensure that each
U.S. Customs and Border Protection facility that houses 1 or
more noncitizen children is safe and sanitary and promotes an
appropriate and healthy environment for children.
(2) Children's area.--
(A) In general.--The Commissioner shall ensure that each
U.S. Customs and Border Protection facility that houses 1 or
more noncitizen children includes--
(i) a dedicated physical environment that is appropriate
for children of all ages and stages of development (referred
to in this paragraph as a ``children's area''); and
(ii) an outdoor recreation area.
(B) Elements.--Each children's area shall be colorful and
include--
(i) low, warm lights;
(ii) child-sized furniture and equipment, including
developmentally appropriate books and toys that facilitate
structured and unstructured play;
(iii) child-friendly images and displays;
(iv) a children's bathroom;
(v) a diaper-changing area and access to sanitation;
(vi) nursing chairs for breastfeeding mothers; and
(vii) an area in which children may sit and rest
comfortably.
(C) Child caregiver professional staffing.--Each children's
area shall be staffed by 1 or more individuals who are
professionally trained and licensed to provide services to
children, including licensed childcare workers, licensed
pediatric health professionals, and licensed child welfare
professionals.
(3) Medical screening and care.--
(A) In general.--The Commissioner shall ensure that--
(i) except as provided in subparagraph (F)(i), not later
than 6 hours after the arrival of a noncitizen child at a
U.S. Customs and Border Protection facility, the child
receives a medical screening conducted by a licensed
physician, advanced practice provider, nurse, or physician's
assistant in accordance with this paragraph;
(ii) a noncitizen child in the custody of the Commissioner
shall have unrestricted access to appropriate medication for
the management of an illness or injury of the child;
(iii) in the case of such a child with a medical assistive
device or other health care support item, the noncitizen
child, or the parent, legal guardian, or nonparent family
member of the child, is permitted unrestricted access to the
device or item;
(iv) on release from such custody, a noncitizen child, or
the parent, legal guardian, or nonparent family member of the
child, is provided with documentation of the child's medical
screening and care, including the need for any followup while
in such custody, in accordance with subparagraph (B)(viii);
and
(v) medication in possession of a noncitizen child, or in
the possession of the child's parent, legal guardian, or
nonparent family member, on arrival shall not be destroyed or
discarded before the review and determination under
subparagraph (B)(vi) occur.
(B) Duties of medical professional.--With respect to a
medical screening required by subparagraph (A) and the care
of a noncitizen child at a U.S. Customs and Border Protection
facility, a licensed physician, advanced practice provider,
nurse, or physician's assistant attending the child at the
facility shall--
(i) assess and identify any illness, condition, or physical
ailment;
(ii)(I) identify any acute condition or elevated medical
risk; and
(II) in the case of a child for which such a condition or
risk is identified, consult with a licensed pediatrician or
pediatric subspecialist;
(iii) ensure that appropriate health care is provided to
the child as necessary, including pediatric and reproductive
health care;
(iv) in the case of a child under 12 years of age, conduct
a physical examination of the child in the presence of a
parent, legal guardian, or family member;
(v) in the case of a child who is 12 years of age or
older--
(I) provide the child with the choice of--
(aa) a physical examination in the presence of a parent,
legal guardian, or nonparent family member; or
(bb) a private physical examination without the presence of
a parent, legal guardian, or nonparent family member; and
(II) conduct such examination in accordance with the
child's preference;
(vi) review any medication that is in the possession of the
child on arrival to determine whether the medication shall be
kept by the child or the child's parent, legal guardian, or
nonparent family member, as applicable;
(vii) in the case of a medication described in clause (vi)
that may not be kept by the child or the child's parent,
legal guardian, or nonparent family member for medical
storage purposes, such as a medication that requires
refrigeration, ensure storage with appropriate access for the
child's use while in U.S. Customs and Border Protection
custody;
(viii) ensure that the medical screening and care under
this paragraph, and any other medical evaluation of or
intervention for the child conducted while the child is in
the custody of the Commissioner, is documented in accordance
with commonly accepted standards in the United States for
medical records documentation; and
(ix) ensure that a copy of all medical records and
documentation of any medical screening and any other medical
evaluation of, or intervention for, the child conducted while
the child is in the custody of the Commissioner is--
(I) provided to the child and the child's parent, legal
guardian, or nonparent family member before the child is
released from such custody; or
(II) in the case of a child who is transferred to the
custody of the Director, sent to the Office of Refugee
Resettlement immediately upon such transfer.
(C) Procedures for medical screenings.--The Commissioner
shall establish procedures for medical screenings and
examinations under this paragraph that are consistent with--
(i) relevant guidelines set forth in the American Medical
Association Code of Medical Ethics; and
(ii) the recommendations of the American Academy of
Pediatrics and the American College of Obstetricians and
Gynecologists.
(D) Language services.--The Commissioner shall ensure--
(i) the availability of in-person, language-appropriate
interpretation services, including indigenous languages, for
each noncitizen child in the custody of the Commissioner
during any medical screening or examination; and
(ii) that noncitizen children in such custody are informed
of the availability of such services.
(E) Location of medical screenings.--The Commissioner shall
ensure that medical screenings, examinations, and any follow-
up care under this paragraph are conducted in a location
that--
(i) is private and provides a comfortable and considerate
atmosphere for children;
(ii) ensures each noncitizen child's dignity and right to
privacy; and
(iii) contains all necessary and appropriate medical
equipment and supplies, including basic over-the-counter
medications appropriate for all age groups.
(F) Acute medical conditions.--
(i) In general.--The Commissioner shall ensure that any
noncitizen child exhibiting symptoms of an acute medical
condition, or who is at risk for an acute medical condition,
receives immediate care from a licensed physician, advanced
practice provider, nurse, or physician's assistant.
(ii) Transfer to local health care facility.--
(I) In general.--If appropriate medical care cannot be
provided for a noncitizen child described in clause (i) at a
U.S. Customs and Border Protection facility, the Commissioner
shall expeditiously transfer the child to a local medical
facility.
(II) Accompaniment by family.--In the case of a noncitizen
child transferred under subclause (I), 1 or more parents,
legal guardians, or nonparent family members, shall be
permitted to accompany the child to such medical facility and
stay with the child if so accompanying the child does not
pose a serious safety risk to the child, as determined by a
child welfare expert.
(iii) Ongoing availability of transportation.--The
Commissioner shall maintain--
(I) appropriate transportation at each U.S. Customs and
Border Protection facility that houses 1 or more noncitizen
children to ensure the availability of transport to outside
medical facilities in the case of a medical emergency; or
(II) an on-call service to provide such transportation to
such a facility within 30 minutes.
(G) Rule of construction.--Nothing in this paragraph shall
be construed to require a noncitizen child, parent, legal
guardian, or nonparent family member to disclose the child's
medical history.
(4) Services and supplies.--The Commissioner shall ensure
that each U.S. Customs
[[Page S618]]
and Border Protection facility that houses 1 or more
noncitizen children is in compliance with the following
standards at all times:
(A) Temperature.--The temperature inside the facility shall
be maintained between 70 and 73 degrees Fahrenheit.
(B) Ventilation.--The facility shall comply with the most
recent guidance issued by the Centers for Disease Control and
Prevention with respect to ventilation in buildings to
mitigate the spread of COVID-19.
(C) Food and water.--
(i) In general.--Food shall be provided--
(I) in a manner that follows Federal food safety laws and
regulations; and
(II) according to the guidelines of the American
Association of Pediatrics and the American College of
Obstetricians and Gynecologists with respect to nutrition,
consistency, calories, and portion size, consistent with the
age of each child.
(ii) Meals and snacks.--
(I) Arrival.--On arrival at the facility, a child shall be
provided with a healthy, nutritious, and culturally
appropriate meal.
(II) Meals.--Meals shall--
(aa) be served daily to all noncitizen children for
breakfast, lunch, and dinner, of which not fewer than 2 meals
daily shall be served hot; and
(bb) include a variety of fresh fruit, vegetables, a
protein, and grains.
(III) Snacks.--Noncitizen children shall have unrestricted
access to healthy snacks.
(IV) Limitation on unhealthful foods.--The availability of
highly processed foods and sugars shall be limited.
(iii) Water.--Each noncitizen child shall--
(I) be provided with not less than 1 gallon of drinking
water or age-appropriate fluids daily; and
(II) have unrestricted access to drinking water.
(iv) Accommodation.--A noncitizen child's individual
dietary needs or restrictions shall be accommodated.
(v) Special considerations for infants and young
children.--
(I) Bottle feeding.--
(aa) In general.--On arrival at a facility, the parent,
legal guardian, or nonparent family member of a noncitizen
child using a bottle for feeding shall be offered 2 clean
baby bottles, a bottle brush, dish soap, and enough bottled
water and baby formula for not less than 96 ounces of formula
milk.
(bb) Additional supplies.--Additional baby formula and
bottled water, and access to a bottle warmer, shall be
provided on request of the parent, legal guardian, or
nonparent family member.
(II) Breastfeeding.--In the case of any noncitizen child
who is breastfeeding at the time of arrival at the facility--
(aa) continued breastfeeding shall be supported; and
(bb) the breastfeeding mother of each such noncitizen child
shall be provided with privacy, blankets, a quiet area for
breastfeeding, a nursing chair, and adequate amounts of food
and water consistent with the dietary needs of a
breastfeeding mother.
(D) Hygiene.--
(i) Clothes and shoes.--Each noncitizen child shall be
provided with a set of clean clothes, and on request, a pair
of shoes in good condition and warm clothing.
(ii) Showers.--
(I) In general.--Each noncitizen child shall be provided
access to a hot shower with a barrier for privacy.
(II) Access.--A noncitizen child shall be provided access
to additional hot showers on request.
(III) Temperature.--Hot water for a shower under this
clause shall be set at a temperature consistent with the
temperature required under childcare facility standards for
childcare facilities licensed in the State in which the
facility is located.
(iii) Menstruation supplies.--Each female noncitizen child
shall be offered immediately a supply of tampons and pads at
no cost.
(iv) Diapering.--
(I) In general.--The parent, legal guardian, or other
family member of each noncitizen child using diapers shall be
provided immediately with 3 size-appropriate diapers and a
packet of diaper wipes.
(II) Additional diapers.--Additional diapers and diaper
wipes shall be provided on request at no cost.
(III) Diaper changing area.--The parent, legal guardian, or
other family member of each such noncitizen child shall be
provided--
(aa) access to a safe and sanitary area in which to change
the child's diaper;
(bb) a clean diaper changing pad; and
(cc) a handwashing station.
(v) Bathrooms.--Each noncitizen child shall be provided
access to bathrooms.
(E) Sleep.--
(i) Mats, blankets, and pillows.--
(I) In general.--On arrival, each noncitizen child shall be
provided with a clean mat that is not less than 3 inches
thick, a clean cloth blanket, and a clean pillow.
(II) Additional blankets.--A noncitizen child shall be
provided with additional blankets on request by the child or
the parent, legal guardian, or other family member of the
child.
(ii) Quiet location.--On request or if there are signs of a
noncitizen child feeling tired, the child shall be provided
with access to a quiet location in which to sleep that has
dimmed lights.
(iii) Schedule.--Between the hours of 9:00 p.m. and 6:00
a.m.--
(I) noncitizen children shall have access to lighting that
is safe and conducive to sleep; and
(II) noise shall be at a level conducive to sleep.
(F) Recreation.--
(i) In general.--Noncitizen children shall have access to
age-appropriate recreational activities, including indoor and
outdoor spaces for physical activity, toys, art supplies,
sports equipment, and books.
(ii) Outdoor play.--Noncitizen children shall be allowed to
play outside for not less than 30 minutes every 3 hours
during daylight hours.
(G) Religious practice.--Noncitizen children shall be
permitted to practice their religion or to not practice a
religion, as applicable.
(5) Notice of rights.--
(A) In general.--The Ombudsperson shall develop a notice of
children's rights, which shall be posted in each U.S. Customs
and Border Protection facility that houses children in any
location in which noncitizen children are located.
(B) Description of rights.--The notice required by
subparagraph (A) shall include--
(i) a description of--
(I) all rights afforded to a noncitizen child under section
235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232) and this
division;
(II) the right to a bond redetermination hearing; and
(III) any other existing mechanism by which children may
seek to enforce their rights, including placement review
panels; and
(ii) a list of pro bono legal services providers and
contact information for such providers.
(C) Format and languages.--
(i) In general.--Such notice shall be--
(I) written in a manner that is child friendly and age-
appropriate; and
(II) made available and posted in multiple languages,
including the top 20 preferred languages.
(ii) Additional languages.--The Ombudsperson may require
such notice to be made available and posted in any additional
language the Ombudsperson considers necessary based on the
demographics of arriving noncitizen children.
(D) Availability.--A child caregiver professional of the
Department of Homeland Security shall provide each noncitizen
child with such notice on the child's arrival at the U.S.
Customs and Border Protection facility.
(e) Separation From Unfamiliar Adults.--
(1) In general.--Except as provided in paragraph (2), an
unaccompanied noncitizen child in the custody of the
Commissioner shall be physically separated from any adult who
is not related to the child.
(2) Immediate separation not feasible.--In any circumstance
in which such separation is not immediately feasible, such as
during transport to a U.S. Customs and Border Protection
facility, an unaccompanied noncitizen child shall not be left
alone with such an adult or detained with such an adult for
more than 6 hours.
(f) Staff Training.--
(1) In general.--The Commissioner shall ensure that--
(A) the staff of each U.S. Customs and Border Protection
facility in which 1 or more noncitizen children are housed
receives training on responding to the needs of children and
families exposed to trauma, including training on--
(i) the principles and practices of trauma-informed care
and psychological first aid;
(ii) vicarious traumatization and secondary stress; and
(iii) recognizing the signs of a child in medical distress;
and
(B) every effort is made to ensure that the safety and
well-being of noncitizen children in U.S. Customs and Border
Protection custody are satisfactorily provided for by
facility staff.
(2) Rulemaking.--
(A) In general.--The Commissioner shall issue regulations
that require Border Patrol and Office of Field Operations
officials to participate in regular training so as to ensure
that such officials treat all individuals in their custody
with dignity, prevent abuse, and ensure constitutionally
guaranteed and humane conditions of confinement.
(B) Elements.--The regulations required by subparagraph (A)
shall do the following:
(i) Prohibit U.S. Customs and Border Protection officials
from--
(I) discussing immigration outcomes with detained
individuals; and
(II) using derogatory language towards individuals in their
custody.
(ii) Address matters of child development, mental health
and trauma, children with special needs, cultural competency,
and any other matter the Commissioner considers appropriate.
(iii) Require foreign language competency and interview
protocols in cases in which interpretation is required.
(iv) Require continuing education in any subject necessary
to ensure compliance with this division or the amendments
made by this division.
(g) Monitoring and Oversight.--
(1) In general.--Compliance of U.S. Customs and Border
Protection facilities with this division and section 235 of
the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232) shall be
monitored by the Ombudsperson, in accordance with section
4601.
[[Page S619]]
(2) Posting of ombudsperson's contact information.--
(A) In general.--The Commissioner shall post, in each U.S.
Customs and Border Protection facility in which 1 or more
noncitizen children are housed, the contact information for
the Ombudsperson in multiple languages, including the top 20
preferred languages.
(B) Additional languages.--The Ombudsperson may require
such contact information to be posted in any additional
language the Ombudsperson considers necessary based on the
demographics of arriving noncitizen children.
(h) Age Assessments.--
(1) In general.--Any individual who claims to be under the
age of 18 years shall be presumed to be so and shall be
treated according to the law and standards applicable to
noncitizen children in immigration custody, unless following
an age assessment, it is established by clear and convincing
evidence that the individual is 18 years of age or older.
(2) Requirements.--
(A) In general.--An age assessment may only be conducted if
the Secretary or Secretary of Homeland Security has recent,
credible, and documented evidence that the individual
concerned is 18 years of age or older.
(B) Considerations.--If an age assessment is conducted, the
Secretary and the Secretary of Homeland Security shall take
into consideration, to the extent such information is readily
available--
(i) written or photographic evidence;
(ii) statements and representations of the individual
concerned and of the family and community members who know
such individual; and
(iii) the relevant cultural and ethnic context.
(C) Prohibited methods.--The Secretary or the Secretary of
Homeland Security may not--
(i) conduct any medical age assessment that consists of
imaging studies, such as bone or dental radiography, dental
examinations, or height, weight, skin, or sexual maturity
ratings; or
(ii) rely on the physical appearance of a child to justify
an age assessment.
(D) Legal counsel.--
(i) In general.--An individual with respect to whom an age
assessment is conducted shall be provided with legal counsel
before receiving such assessment and may not be removed
before receiving such counsel.
(ii) Evidence.--Legal counsel provided under clause (i)
shall be provided with all evidence upon which the Secretary
or the Secretary of Homeland Security relies to justify
conducting an age assessment or to support an age assessment
determination.
SEC. 4106. MODIFICATION OF TERM ``ASYLUM OFFICER'' TO EXCLUDE
OFFICERS OF U.S. CUSTOMS AND BORDER PROTECTION.
Section 235(b)(1)(E) of the Immigration and Nationality Act
(8 U.S.C. 1225(b)(1)(E)) is amended--
(1) in clause (i), by striking ``, and'' and inserting a
semicolon;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) is employed by the Refugee, Asylum, and
International Operations Directorate of U.S. Citizenship and
Immigration Services.''.
TITLE II--STANDARDS FOR DEPARTMENT OF HEALTH AND HUMAN SERVICES CUSTODY
OF UNACCOMPANIED NONCITIZEN CHILDREN
Subtitle A--Standards for Foster Care Homes and Childcare Facilities
SEC. 4201. OPERATION OF FOSTER CARE HOMES AND CHILDCARE
FACILITIES.
(a) In General.--An entity contracted by the Director to
operate a childcare facility shall be licensed by an
appropriate State agency to provide residential, group, or
foster care services for dependent children.
(b) Operation as Nonsecure Facilities.--Each foster care
home operated by a State-licensed program contracted by the
Director to provide care for 1 or more unaccompanied
noncitizen children, and each childcare facility, including
any facility for special needs noncitizen children, shall be
maintained as a nonsecure facility, in accordance with
applicable State law.
SEC. 4202. NOTICE OF RIGHTS.
(a) In General.--The Ombudsperson shall develop a notice of
children's rights in childcare facilities, which shall be--
(1) posted in each childcare facility in all locations in
which unaccompanied noncitizen children are located; and
(2) distributed to each unaccompanied noncitizen child on
arrival at a childcare facility.
(b) Description of Rights.--The notice required by
subsection (a) shall include--
(1) a description of--
(A) all rights afforded to an unaccompanied noncitizen
child under section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232) and this division;
(B) the right to a bond redetermination hearing; and
(C) any other existing mechanism by which children may seek
to enforce their rights, including placement review panels;
and
(2) a list of pro bono legal services providers and contact
information for such providers.
(c) Format and Languages.--
(1) In general.--Such notice shall be--
(A) written in a manner that is child friendly and age-
appropriate; and
(B) made available and posted in multiple languages,
including the top 20 preferred languages.
(2) Additional languages.--The Ombudsperson may require
that such notice be made available and posted in any
additional language the Ombudsperson considers necessary
based on the demographics of arriving noncitizen children.
(d) Orientation to Role of Office of the Ombudsperson.--
Each State-licensed program that operates a childcare
facility shall provide to each unaccompanied noncitizen child
in its care--
(1) information about the Office of the Ombudsperson; and
(2) the contact information for the Office of the
Ombudsperson.
SEC. 4203. STAFFING AND TRAINING.
(a) Federal Field Specialists.--The Director shall--
(1) maintain for each childcare facility a reasonable
Federal field specialist-to-unaccompanied noncitizen child
ratio;
(2) hire additional Federal field specialists as necessary
to ensure that, for the majority of unaccompanied noncitizen
children in the custody of the Secretary, a decision
regarding their release can be made by Federal field
specialists not later than 48 hours after the approval of a
release recommendation to a sponsor; and
(3) develop and manage a plan for expeditiously placing
unaccompanied noncitizen children who have no identified
sponsor in the least restrictive setting that most
approximates a family.
(b) Case Management Specialists.--The Director shall ensure
that each State-licensed program that operates a childcare
facility--
(1) maintains a ratio of 8 unaccompanied noncitizen
children to each case management specialist;
(2) provides training for case management specialists that
enables the Department of Health and Human Services to meet
required timelines for the reunification of unaccompanied
noncitizen children in accordance with section 4231(c); and
(3) develops accountability measures with respect to the
adherence of case management specialists to such timelines.
(c) Contingency Fund To Address Emergent Needs.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Health
and Human Services, out of any money in the Treasury not
otherwise appropriated, $46,500,000, to remain available
until expended, for a contingency fund (referred to in this
section as the ``Fund'') for the hiring of case management
specialists as required by an influx or any other emergent
situation for the purpose of facilitating the release process
and minimizing the risk that childcare facilities reach full
capacity.
(2) Use of fund.--
(A) Discretionary use.--The Director may draw upon the Fund
to reduce the ratio to 6 unaccompanied noncitizen children
for each case management specialist if--
(i) the national utilization rate (excluding funded but
unplaceable beds and calculated as the number of filled beds
divided by the number of beds available for placement,
expressed as a percentage) reaches or exceeds 65 percent in
any week; or
(ii) the Director certifies to Congress that the rate of
increase in childcare facility usage, as calculated by the
Director for purposes of section 4602(b)(3)(F)(i)(VI), has
led the Director to believe that such national utilization
rate will reach 90 percent in any week during the subsequent
10-week period.
(B) Mandatory use.--The Director shall draw upon the Fund
to reduce the ratio to 6 unaccompanied noncitizen children
for each case management specialist if such national
utilization rate reaches or exceeds 90 percent in any week.
(d) Training.--
(1) In general.--With respect to the personnel of a State-
licensed program that operates a childcare facility, the
Director shall provide regular in-person training, and a
coaching plan with support for 30 days, for such personnel
who interact with unaccompanied noncitizen children,
including youth care workers, that is--
(A) specific to the age and gender of the unaccompanied
noncitizen children at the specific childcare facility; and
(B) consistent across the Office of Refugee Resettlement's
network of State-licensed programs.
(2) Topics.--The training required by paragraph (1) shall
address the following topics:
(A) Ethical standards of conduct based on accepted child
welfare principles with respect to the care of unaccompanied
noncitizen children.
(B) Mental health and trauma.
(C) Child development.
(D) Prevention of sexual abuse and harassment.
(E) Cultural humility.
(F) Racial sensitivity.
(G) De-escalation techniques to avert unnecessary
involvement of local law enforcement prior to exhaustion of
alternative,
[[Page S620]]
trauma-informed care, treatment, and restorative responses.
(H) Disabilities.
(3) Specific training for staff working with early
childhood minors.--The Director shall ensure that personnel
who interact with unaccompanied noncitizen children who are
early childhood minors receive specialized training relevant
to the needs and capacities of such children.
(4) Development of training materials.--The Director, in
collaboration with stakeholders who have expertise in child
migration, child mental health, and child development,
shall--
(A) develop written, audio, or visual materials with which
training under this subsection may be conducted; and
(B) before distribution to personnel of such State-licensed
programs, provide the Ombudsperson with such materials.
(5) Department of health and human services staff.--Not
later than 90 days after the date of the enactment of this
Act, the Secretary shall provide appropriate guidance and
training for all Department of Health and Human Services
employees with respect to the requirements of this division.
Subtitle B--Services for Unaccompanied Noncitizen Children
SEC. 4211. REQUIRED SERVICES.
(a) Provision of Required Services.--A State-licensed
program that operates a childcare facility shall provide the
following services for each unaccompanied noncitizen child in
its care:
(1) On admission to the childcare facility, a comprehensive
orientation regarding--
(A) the rights of the unaccompanied noncitizen child;
(B) the role of the State-licensed program;
(C) the services, rules, procedures, and expectations of
the State-licensed program; and
(D) the availability of legal assistance.
(2) Proper physical care and maintenance, including
suitable living accommodations, food, appropriate clothing,
and personal hygiene items.
(3) Not later than 2 business days after admission to the
childcare facility, a comprehensive medical examination that
includes screening for infectious disease.
(4) Appropriate, ongoing, and routine medical and dental
care, as prescribed by a licensed physician, advanced
practice provider, nurse, or physician assistant, including--
(A) reproductive health and family planning services;
(B) emergency health care services;
(C) immunizations in accordance with the Centers for
Disease Control and Prevention guidelines;
(D) administration of prescribed medication and special
diets; and
(E) mental health screening and intervention, including
referrals.
(5) An individualized needs assessment, which shall include
the following:
(A) Collection of essential data relating to the
identification and history of the unaccompanied noncitizen
child and family.
(B) Identification of any special needs of the
unaccompanied noncitizen child, including any need that
requires immediate intervention.
(C) An educational assessment and plan.
(D) An assessment of family relationships.
(E) A statement of religious preference and practice.
(F) An assessment of the personal goals, strengths, and
weaknesses of the unaccompanied noncitizen child.
(G) Collection of identifying information regarding
immediate family members, other relatives, godparents, or
friends who may be residing in the United States and who may
be able to assist in family reunification.
(6) A comprehensive individual plan for the care of the
unaccompanied noncitizen child, which shall be--
(A) developed in accordance with the child's needs, as
determined by the individualized needs assessment under
paragraph (5); and
(B) implemented and closely coordinated through an
operative case management system.
(7) Education services, as described in section 4213.
(8) Recreational activities, as described in section 4214.
(9) Counseling services, including--
(A) not fewer than 2 weekly individual counseling sessions
conducted by licensed mental health professionals, including
social workers, psychologists, and psychiatric staff; and
(B) not fewer than 1 weekly group counseling session
conducted by licensed mental health professionals, including
social workers, psychologists, or psychiatric staff.
(10) Acculturation and adaptation services, including the
provision of information regarding the development of social
and interpersonal skills.
(11) Religious and spiritual services of the unaccompanied
noncitizen child's choice, if any.
(12) Case management services designed to identify
relatives or prospective sponsors in the United States and
ensure the quick release of the unaccompanied noncitizen
child from the custody of the Secretary.
(13) Visitation and contact with family members, regardless
of the immigration status of the family members. An
unaccompanied noncitizen child and family members of such a
child shall be provided with a private, confidential space to
meet in during such visitation. The Secretary of Homeland
Security may not pursue enforcement actions against such
family members during or immediately before or after such
visitation.
(14) Telephone and video access for contacting parents,
family members, and caregivers, in a private space that
ensures confidentiality, at no cost to the unaccompanied
noncitizen child, family member, or caregiver. An
unaccompanied noncitizen child shall be permitted such access
not fewer than 4 times weekly for a period of not less than
30 minutes each time.
(15) A reasonable right to privacy, including the right of
the unaccompanied noncitizen child--
(A) to wear the child's own clothes, as available;
(B) to retain a private space in the childcare facility for
the storage of personal belongings;
(C) to talk privately on the telephone, as permitted by the
rules and regulations of the State-licensed program;
(D) to visit privately with guests, as permitted by such
rules and regulations; and
(E) to receive and send uncensored correspondence.
(16) Legal services information regarding the availability
of free legal assistance, the right to be represented by
counsel, screenings and legal orientation presentations, and
facilitated, confidential access to counsel, as described in
title IV.
(b) Considerations for Provision of Services.--A State-
licensed program that operates a childcare facility shall
provide the services described in subsection (a) in a manner
that is sensitive to the age, culture, native language, and
complex needs of each unaccompanied noncitizen child.
(c) Rules and Discipline Standards.--
(1) In general.--The rules and discipline standards of such
a State-licensed program shall be--
(A) formulated with consideration given to the age ranges,
developmental stages, and degree of trauma experienced by the
unaccompanied noncitizen children in the applicable childcare
facility; and
(B) culturally sensitive to the needs of such children.
(2) Prohibited measures.--Such a State-licensed program may
not subject any unaccompanied noncitizen child to--
(A) corporal punishment, physical or chemical restraint,
seclusion, humiliation, verbal or mental abuse, or punitive
interference with the daily functions of living, such as
eating, sleeping, or bathroom access; or
(B) any disciplinary measure that--
(i) adversely affects the health or physical or
psychological well-being of the unaccompanied noncitizen
child; or
(ii) denies an unaccompanied noncitizen child regular
meals, water, sleep, exercise, medical care, correspondence
privileges, legal assistance, education, recreation, bathroom
access, or any other service described in subsection (a).
(d) Recordkeeping.--
(1) Individual case records.--The operator of each
childcare facility and influx facility shall develop,
maintain, and safeguard individual client case records on
each unaccompanied noncitizen child in care at the facility.
(2) Confidentiality.--The operator of each childcare
facility and influx facility shall develop and maintain a
system of accountability that preserves the confidentiality
of client information and protects such records from
unauthorized use or disclosure in accordance with section
4804.
(3) Reporting.--The operator of each childcare facility and
influx facility shall maintain adequate records and make
regular reports, as required by the Ombudsperson, that permit
the Ombudsperson to monitor and enforce this division, the
amendments made by this division, and any other requirement
or standard determined by the Ombudsperson to be in the best
interests of unaccompanied noncitizen children.
SEC. 4212. EVALUATION FOR DISABILITY.
(a) In General.--The Director shall provide unaccompanied
noncitizen children who present an indication of a disability
with an evaluation for services under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), and provide
unaccompanied noncitizen children with disabilities with
services (including accommodations) through an individualized
plan that includes a plan for prompt release.
(b) Records.--Any record of a screening or an evaluation
conducted under this section, and any record related to a
decision with respect to the release of an unaccompanied
noncitizen child with a disability, shall be maintained
separately from the unaccompanied noncitizen child's
immigration file (commonly known as an ``A-File'').
SEC. 4213. EDUCATION.
(a) Curriculum.--
(1) State standards.--A State-licensed program shall
provide educational instruction to unaccompanied noncitizen
children using a curriculum that--
(A) includes access to physical education, art, and other
electives; and
(B) is consistent with the licensing and academic standards
of the State in which the State-licensed program is located.
(2) Basic academic areas.--The basic academic areas covered
by such curriculum shall include science, social studies,
math, reading, and writing.
(b) Licensing and Certification Requirements.--
[[Page S621]]
(1) In general.--Teachers, administrators, counselors, and
support staff providing education to unaccompanied noncitizen
children at a childcare facility shall--
(A) meet local and State certification or licensure
requirements; and
(B) in the case of an unaccompanied noncitizen child in
custody for a period longer than 60 days or who was
previously attending school in the United States, ensure that
the child receives transferable credit.
(c) Instruction.--
(1) In general.--Educational instruction at a childcare
facility shall be--
(A) appropriate to the level of development and
communication skills of an unaccompanied noncitizen child;
and
(B) provided in a structured classroom setting on a weekly
basis Monday through Friday.
(2) Class size.--An unaccompanied noncitizen child may not
be placed in a class in which the teacher-to-student ratio
exceeds the applicable State maximum ratio.
(d) Language Access and Educational Environment.--The
educational program at a childcare facility shall--
(1) include instruction and reading materials, educational
and otherwise, in the primary languages of the unaccompanied
noncitizen children at the childcare facility; and
(2) be provided in an emotionally, culturally, and
physically safe environment.
(e) Individual Education Program.--A State-licensed program
that operates a childcare facility shall provide any eligible
unaccompanied noncitizen child who is a child with a
disability (as defined in section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401)) with special
education and related services pursuant to an individualized
education program that is developed for the unaccompanied
noncitizen child and is consistent with the requirements
provided under the Individuals with Disabilities Education
Act (20 U.S.C. 1401 et seq.).
(f) Other Educational Opportunities.--The educational
program of such a State-licensed program shall include
educational opportunities addressing personal, social,
emotional, intellectual, and employment skills.
SEC. 4214. RECREATION.
(a) In General.--A State-licensed program that operates a
childcare facility shall provide recreational opportunities
that meet or exceed--
(1) the guidelines of the Department of Health and Human
Services entitled ``2018 Physical Activity Guidelines for
Americans''; and
(2) the guidelines of the President's Council on Sports,
Fitness, and Nutrition.
(b) Activities.--
(1) In general.--Activities for recreation and leisure
time, which shall include daily outdoor activity, weather
permitting, shall include--
(A) not less than 1 hour daily of large-muscle activity;
and
(B) not less than 1 hour daily of structured leisure time
activities, which shall not include time spent watching
television or video.
(2) Days on which school is not in session.--The periods
scheduled for activities described in paragraph (1) shall be
increased to a total of 3 hours daily on any day on which
school is not in session.
(3) Recreation areas.--Not less frequently than weekly, a
State-licensed program that does not have an adequate on-site
recreation area shall take children to off-site parks,
community recreation centers, or other suitable locations.
(4) Language-appropriate reading materials.--A State-
licensed program shall provide appropriate reading materials
in the preferred languages of unaccompanied noncitizen
children for use during leisure time.
Subtitle C--Placement of Children
SEC. 4221. PHASING OUT LARGE CONGREGATE CARE FACILITIES.
(a) Definition of Large Congregate Care Facility.--In this
section, the term ``large congregate care facility'' means a
facility intended to house more than 25 individuals at a
time.
(b) Phaseout.--
(1) In general.--Beginning on the date that is 2 years
after the date of the enactment of this Act--
(A) the Director may not place an unaccompanied noncitizen
child in a large congregate care facility; and
(B) no Federal funds shall be made available for the
purpose of--
(i) housing an unaccompanied noncitizen child in such a
facility; or
(ii) placing an unaccompanied noncitizen child in any
congregate care facility for a period longer than 14 days.
(2) Exception.--Paragraph (1) shall not apply to any of the
following:
(A) An influx facility.
(B) A setting specializing in prenatal, postpartum, or
parenting support for youth.
(C) A supervised independent living setting under the post-
18 program described in section 4243(c).
(D) A program addressing the needs of victims of
trafficking.
(E) A qualified residential treatment program specifically
designed to meet the needs of a child with serious emotional
or behavioral health needs.
(c) Plan Required.--
(1) In general.--The Director shall develop a plan to
eliminate the use of large congregate care facilities by the
date that is 2 years after the date of the enactment of this
Act.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Specific measures the Director will take to eliminate
the use of such facilities.
(B) Performance benchmarks that require the Director to
place unaccompanied noncitizen children in compliant
congregate care facilities as follows:
(i) 25 percent of such children not later than the date
that is 1 year after the date of the enactment of this Act.
(ii) 75 percent of such children not later than 545 days
after such date of enactment.
(iii) 100 percent of such children not later than 2 years
after such date of enactment.
(3) Submittal to congress.--Not later than 90 days after
the date of the enactment of this Act, the Director shall
submit to Congress the plan developed under paragraph (1).
(d) Transitional Support for Nongovernmental
Organizations.--To the extent that the transition to
childcare facilities housing 25 unaccompanied noncitizen
children or fewer affects nongovernmental organizations that
provide services to such children, the Director shall
increase funding to such organizations--
(1) to prevent a disruption or decrease in services;
(2) to establish centralized locations for unaccompanied
noncitizen children to receive services from such
organizations; and
(3) to increase funding for representation of released
children.
SEC. 4222. LEAST RESTRICTIVE SETTING.
An unaccompanied noncitizen child in the custody of the
Secretary shall be placed in the least restrictive setting
that most approximates a family and in which the child's
special needs, if any, may be met consistent with the best
interests and special needs of the child.
SEC. 4223. FOSTER FAMILY CARE.
(a) Preference for Foster Family Care.--
(1) In general.--With respect to an unaccompanied
noncitizen child in the custody of the Secretary, the
Director shall make active efforts to place the child in the
least restrictive setting that most approximates a family and
in which the child's special needs, if any, may be met.
(2) Additional consideration.--Such an unaccompanied
noncitizen child shall be placed within reasonable proximity
to the location of the child's immigration proceedings,
taking into account any special needs of the child before
placing the child in a childcare facility.
(b) Transitional Foster Care.--
(1) In general.--An unaccompanied noncitizen child whose
length of care in the custody of the Secretary is anticipated
to be not more than 30 days shall be eligible for a
transitional foster care placement in a family home licensed
to provide such shorter term care.
(2) Priority.--The Director shall prioritize for placement
in transitional foster care the following categories of
unaccompanied noncitizen children:
(A) Unaccompanied noncitizen children under 13 years of
age.
(B) Sibling groups with 1 or more siblings who are under 13
years of age.
(C) Unaccompanied noncitizen children who are pregnant or
parenting.
(D) Unaccompanied noncitizen children with special needs,
including any unaccompanied noncitizen child with a
disability.
(c) Stays Expected To Extend More Than 30 Days.--
(1) In general.--An unaccompanied noncitizen child whose
length of care in the custody of the Secretary is anticipated
to be more than 30 days, or a noncitizen who entered the
custody of the Secretary as a child and who has reached the
age of 18 years, shall be eligible for a long-term foster
care placement in the least restrictive setting that most
approximates a family and in which the child's best interests
and any special needs may be met.
(2) Contracting requirements.--The Director shall--
(A) seek to enter into 1 or more contracts with State-
licensed foster care providers for the provision of long-term
foster care placements for all eligible unaccompanied
noncitizen children; and
(B) ensure that such providers accept unaccompanied
noncitizen children for placement in a timely manner.
(d) Access to Foster Care for Children With Disabilities or
Mental or Behavioral Health-
Related Needs.--
(1) In general.--The Director shall--
(A) ensure access to transitional and long-term foster care
placements for unaccompanied noncitizen children
notwithstanding--
(i) disabilities;
(ii) behavioral concerns or involvement in the juvenile
justice system;
(iii) prior incident reports; or
(iv) prior or current restrictive placements (as defined in
section 4226); and
(B) seek to enter into 1 or more contracts with foster care
providers that have the documented capacity and commitment to
accept children regardless of disabilities or mental or
behavioral health-related needs.
(2) Equal access.--
(A) In general.--An unaccompanied noncitizen child with
mental or behavioral health-related needs who does not pose a
documented, imminent threat to himself or herself, to others,
or to the community shall
[[Page S622]]
be eligible for, and shall be provided equal access to, a
foster care placement.
(B) Eligibility for transfer.--If such a child is in a
restrictive placement, he or she shall be eligible for direct
transfer to a foster care placement.
(3) Limitation on refusal of placement.--A State-licensed
program that operates a childcare facility may not refuse
placement of an unaccompanied noncitizen child based on a
disability or a mental or behavioral health-related need
absent individualized documentation that--
(A) State licensing requirements bar acceptance of the
specific unaccompanied noncitizen child based on the child's
individual needs; and
(B) a request for a variance from such a requirement has
been denied or is unavailable under State law.
(e) Background Checks.--
(1) In general.--The Director shall ensure that a Federal
Bureau of Investigation background check and, in any
applicable State, a child abuse or neglect registry check,
has been conducted for each resident of a foster care
placement for an unaccompanied noncitizen child.
(2) Limitation on denial of placement.--A criminal history
of a resident of a potential foster care placement shall not
be the basis for a denial of the foster care placement for an
unaccompanied noncitizen child unless the Director
demonstrates that such history--
(A) includes a conviction for child abuse or trafficking;
or
(B)(i) is less than 10 years old; and
(ii) has a direct and immediate impact on the safety of the
unaccompanied noncitizen child.
SEC. 4224. ADDITIONAL REQUIREMENTS RELATING TO CHILDREN WITH
DISABILITIES AND CHILDREN WITH MENTAL HEALTH
NEEDS.
(a) Prioritization of Release.--The Director shall
prioritize the release to sponsors of unaccompanied
noncitizen children with disabilities so that such children
may receive, in the community rather than in immigration
custody, evidence-based, trauma-informed services tailored to
their needs.
(b) Access to Services While in Custody.--In the case of an
unaccompanied noncitizen child with disabilities who cannot
be expeditiously released, the Director shall provide access
to any necessary service in the least restrictive integrated
setting possible until a family-based placement is secured.
(c) Support.--The Director shall support unaccompanied
noncitizen children with disabilities by--
(1) contracting with a range of placements so as to ensure
that integrated settings are available for such children;
(2) providing resources to support placement, such as by
connecting providers with community-based services or
assisting with licensing variances; and
(3) developing and delivering trauma-informed disability-
related training to all frontline care provider staff, in
collaboration with stakeholders who have expertise in serving
children with disabilities.
(d) Network Capacity.--Not less than 75 percent of all
childcare facilities and foster care placements shall have
appropriate State licensing and documented capability to
house unaccompanied noncitizen children with disabilities.
SEC. 4225. MINIMIZING TRANSFERS.
(a) In General.--The Director shall--
(1) minimize transfer of unaccompanied noncitizen children
among childcare facilities and between short-term and long-
term foster care placements; and
(2) ensure that--
(A) the Ombudsperson tracks any third or subsequent
transfer of a child between childcare facilities or
placements;
(B) unaccompanied noncitizen children remain in the least
restrictive settings that most approximate a family; and
(C) unaccompanied noncitizen children who are siblings are
housed together in the same childcare facility unless there
is an extraordinary need for specialized care, such as
inpatient health care services.
(b) Notice.--
(1) In general.--In the case of an unaccompanied noncitizen
child who is transferred to another childcare facility or
foster family home placement, not less than 48 hours before
the transfer occurs, the Director shall--
(A) notify the child in a language and format the child
understands; and
(B) notify and provide a justification for the transfer to
the child's sponsor, legal counsel or local legal services
provider, and child advocate, as applicable.
(2) Exception.--
(A) In general.--Paragraph (1) shall not apply in an
unusual and compelling circumstance, such as--
(i) a circumstance in which--
(I) the safety of the unaccompanied noncitizen child or any
other individual is threatened; or
(II) the child has previously attempted to abscond from
custody; or
(ii) a case in which the unaccompanied noncitizen child's
legal counsel has waived notice under that paragraph.
(B) Notice after transfer.--In the case of a circumstance
or waiver described in subparagraph (A), notice shall be
provided to the unaccompanied noncitizen child's legal
counsel or local legal services provider, and child advocate,
as applicable, not later than 24 hours after the transfer.
(c) Possessions and Legal Papers.--The Director shall
ensure that any unaccompanied noncitizen child is transferred
with all of his or her possessions and legal papers.
SEC. 4226. RESTRICTIVE PLACEMENTS.
(a) Definitions.--In this section:
(1) Restrictive placement.--The term ``restrictive
placement'' means--
(A) a staff-secure facility;
(B) a therapeutic staff-secure facility; and
(C) a placement in any setting other than a childcare
facility, an influx facility, or licensed foster care
placement.
(2) Therapeutic childcare facility.--The term ``therapeutic
childcare facility'' means a--
(A) congregate care facility for the purpose of
rehabilitation or residential treatment; and
(B) an out-of-network facility or group home the staff of
which has specialized training to care for children and
adolescents with significant emotional, behavioral, social,
or medical needs.
(b) Placement Review Hearings for Transfers to Restrictive
Placements.--
(1) In general.--In the case of transfer of an
unaccompanied noncitizen child to a restrictive placement,
the Director shall provide an administrative placement review
hearing conducted in accordance with sections 554 through 557
of title 5, United States Code.
(2) Notice.--
(A) In general.--Except as provided in subparagraph (B),
the Director shall provide written notice of intent to
transfer an unaccompanied noncitizen child to a restrictive
placement to the child concerned and the child's legal
counsel and child advocate.
(B) Exception.--The Director may transfer an unaccompanied
noncitizen child to a restrictive placement without providing
notice under subparagraph (A) only if the Director has a
reasonable belief, based on clearly articulable facts, that
the child is a present, imminent danger to himself or herself
or to others.
(C) Elements.--A notice required by subparagraph (A) shall
include, in a language and format the unaccompanied
noncitizen child understands, the following:
(i) The time, date, and location of the hearing under
paragraph (1).
(ii) A description of the individualized allegations relied
on by the Director in support of such transfer, including all
supporting evidence.
(iii) An explanation that the unaccompanied noncitizen
child--
(I) has a right to contest such transfer at such hearing;
and
(II) may submit additional evidence, including witness
testimony.
(3) Timing of hearing.--A hearing under this subsection
shall occur not less than--
(A) 72 hours after the unaccompanied noncitizen child
concerned receives notice under paragraph (2); and
(B) 5 business days before the transfer to the restrictive
placement is scheduled to occur.
(4) Procedural matters.--
(A) Neutral fact finder.--A hearing under this subsection
shall be presided over by a neutral fact finder who--
(i) is not an employee of the Office of Refugee
Resettlement; and
(ii) has expertise in child welfare.
(B) Rights of child.--
(i) In general.--At a hearing under this subsection, an
unaccompanied noncitizen child shall have--
(I) the right to counsel; and
(II) the right and opportunity to confront, inspect, and
rebut the evidence alleged to justify the transfer to a
restrictive placement.
(ii) Waiver of presence.--With the assistance of counsel,
an unaccompanied noncitizen child may waive his or her
presence at a hearing under this subsection.
(C) Availability of office of refugee resettlement
records.--The Director shall disclose to the unaccompanied
noncitizen child concerned and the legal counsel and child
advocate of the child, as applicable, the child's entire case
file and all evidence supporting the determination to
transfer the child to a restrictive placement--
(i) not later than 24 hours after such determination is
made; and
(ii) not less than 2 days before the date of the hearing
under this subsection.
(D) Interpretation services.--An interpreter in the
preferred language of the unaccompanied noncitizen child
shall be made available for a hearing under this subsection.
(E) Burdens of production and proof.--The Director shall
have the burden of production and the burden of proof, by
clear and convincing evidence, to establish that--
(i) the unaccompanied noncitizen child is a present danger
to himself or herself or to others;
(ii) a restrictive placement is consistent with the best
interests of the child;
(iii) there is no viable alternative to a restrictive
placement to ensure the best interests of the child; and
(iv) the child's placement in a facility that is not a
restrictive placement would not provide the services or
resources necessary.
(F) Record of proceedings.--The record of proceedings for a
hearing under this subsection, and all related
documentation--
(i) shall be maintained separately and apart from the
unaccompanied noncitizen child's immigration file (commonly
called the ``A-File''); and
[[Page S623]]
(ii) shall not form any part of, and shall not be relied
upon, in any removal proceedings or any adjudication carried
out by U.S. Citizenship and Immigration Services, including
with respect to final decisions and discretionary factors.
(5) Written decision.--
(A) In general.--Not later than 2 business days before the
date on which the unaccompanied noncitizen child concerned is
scheduled to be transferred to a restrictive placement, the
fact finder shall issue a written decision approving or
denying such transfer, which shall be binding on the Office
of Refugee Resettlement.
(B) Consideration of best interest recommendation.--In
making a decision on such a transfer, the fact finder shall
consider, and respond in writing to, the recommendation of
the child advocate of the unaccompanied noncitizen child
concerned.
(C) Elements.--A written decision under this paragraph
shall--
(i) set forth a detailed, specific, and individualized
justification for the decision; and
(ii) notify the unaccompanied noncitizen child of the
child's--
(I) right to placement review hearings under subsection
(e);
(II) right to seek review of the decision by the
Ombudsperson under paragraph (6); and
(III) right to seek judicial review of the decision.
(D) Language access.--The decision shall be made available
in a language and in a format the unaccompanied noncitizen
child understands.
(E) Submission to ombudsperson.--Not later than 72 hours
after a decision in a placement review hearing is issued
under this paragraph, the fact finder shall submit the
decision to the Ombudsperson.
(6) Review by ombudsperson.--
(A) In general.--On request by an unaccompanied noncitizen
child or the legal counsel or child advocate of the child,
the Ombudsperson shall carry out a review of a decision under
paragraph (5), which shall be completed not later than 15
days after the date on which the request for review is made.
(B) Recommendation.--
(i) In general.--In carrying out a review under this
paragraph, the Ombudsperson may make a recommendation with
respect to whether such decision should be modified.
(ii) Finding of erroneous decision.--
(I) In general.--If the Ombudsperson determines that the
decision under paragraph (5) was erroneous, the Ombudsperson
shall submit to the Director a recommendation for further
action.
(II) Written statement.--
(aa) In general.--If the Director declines to follow the
recommendation of the Ombudsperson, the Director shall
provide a detailed written justification to the child, the
prospective sponsor, the legal counsel and the child advocate
of the child, and the legal counsel of the prospective
sponsor, as applicable.
(bb) Nondelegation.--The Director may not delegate the
requirement to issue such a written statement to any other
individual.
(c) Limitations on Placement in Secure Facilities and
Staff-Secure Facilities.--
(1) In general.--The Director may not place an
unaccompanied noncitizen child in a staff-secure facility
based solely on a risk of self-harm or behavior related to
the child's trauma or mental health that could be addressed
in a less restrictive setting with additional accommodations
or rehabilitative care.
(2) Secure facilities.--The Director may never hold or
place an unaccompanied noncitizen child in a secure facility.
(3) Staff-secure facilities.--
(A) In general.--The Director may only hold or place an
unaccompanied noncitizen child in a staff-secure facility
if--
(i) there is clear and convincing evidence that the child
poses a serious and imminent danger to others at the time of
placement;
(ii) upon holistic review of the child's file, there is
clear and convincing evidence that the assessed danger does
not stem from the child's trauma or mental health conditions;
and
(iii) even with additional accommodations and de-escalation
measures, the child cannot be adequately cared for in a less
restrictive setting or rehabilitative care.
(B) Duration.--The Director may only hold an unaccompanied
noncitizen child in a staff-secure facility under
subparagraph (A) during the period in which the Director can
demonstrate that the conditions described in that
subparagraph exist.
(C) Transfer.--The Director shall consider transfer of the
child to a less restrictive placement as soon as these
requirements are no longer met, even if the child has been in
the placement for less than 30 days.
(4) Prohibition on placement in u.s. immigration and
customs enforcement facilities.--The Director may not place
any noncitizen child in--
(A) a U.S. Immigration and Customs Enforcement facility; or
(B) a facility operated by contract with U.S. Immigration
and Customs Enforcement.
(d) Placement in Therapeutic Childcare Facilities.--
(1) Limitation.--The Director may place an unaccompanied
noncitizen child in a therapeutic childcare secure facility
only if--
(A) the unaccompanied noncitizen child has received a
detailed, individualized evaluation by a licensed
psychologist or psychiatrist who is experienced in the care
of children; and
(B) the mental health professional conducting the
evaluation under subparagraph (A) has determined that--
(i) the child poses a substantial risk of harm to himself
or herself or to others;
(ii) such placement is in the best interests of the child;
and
(iii) even with additional accommodations or rehabilitative
care, at the time of placement, the child cannot be
adequately cared for in a less restrictive setting until the
child receives services provided in such a placement.
(2) Preference for community-based therapeutic foster
care.--Before placing an unaccompanied noncitizen child in a
therapeutic childcare facility, the Director shall first seek
to place the child in a family-based therapeutic foster care
placement.
(3) Applicability of other provisions.--The procedures
relating to transfers, notice, and placement review hearings
under this title apply equally to unaccompanied noncitizen
children placed in residential treatment centers and other
therapeutic childcare facilities.
(4) Services to be provided.--
(A) Evaluation.--
(i) In general.--An unaccompanied noncitizen child placed
in a therapeutic childcare facility shall be evaluated by a
licensed psychologist or psychiatrist who is experienced in
the care of children.
(ii) Report.--The mental health professional conducting the
evaluation under clause (i) for an unaccompanied noncitizen
child shall--
(I) issue a written report that sets forth--
(aa) the reasons for such placement;
(bb) treatment goals; and
(cc) a plan specific to the child for transition to a less
restrictive setting; and
(II) make such report available to the unaccompanied
noncitizen child and the child advocate of the child.
(B) Access to counsel.--The operator of a residential
treatment center or any other therapeutic childcare facility
for unaccompanied noncitizen children shall provide access
to--
(i) legal services; and
(ii) existing legal counsel and child advocates of such
children, as applicable.
(e) Monthly Review Hearing.--
(1) In general.--Not less frequently than monthly, each
unaccompanied noncitizen child in a restrictive placement
shall be afforded a placement review hearing to determine
whether continued placement in the restrictive placement is
appropriate.
(2) Conduct of hearings.--A hearing under this subsection
shall be conducted in accordance with the procedures and
standards for placement review hearings under subsection (b).
(3) Report by mental health provider.--With respect to an
unaccompanied noncitizen child who is in a therapeutic
childcare facility not later than 5 days before a hearing
under this subsection, a licensed psychologist or
psychiatrist who is experienced in the care of children shall
submit to the fact finder a detailed report on the mental
health needs of the unaccompanied noncitizen child concerned.
(4) Written decision.--
(A) In general.--The fact finder shall issue a written
decision continuing or terminating the restrictive placement
of the unaccompanied noncitizen child concerned, which shall
be binding on the Office of Refugee Resettlement.
(B) Consideration of best interest recommendation.--In
making a decision on such placement, the fact finder shall
consider--
(i) the best interest recommendation of the child advocate
with respect to the unaccompanied noncitizen child concerned;
and
(ii) the findings contained in the report submitted under
paragraph (3).
(C) Elements.--A written decision under this paragraph
shall--
(i) set forth a detailed, specific, and individualized
justification for the decision; and
(ii) notify the unaccompanied noncitizen child of--
(I) the right to further placement review hearings under
this subsection; and
(II) the right to seek judicial review of the decision.
(D) Language access.--The decision shall be made available
in a language and in a format the unaccompanied noncitizen
child understands.
(5) Record of proceedings.--The record of proceedings for a
hearing under this subsection, and all related
documentation--
(A) shall be maintained separately and apart from the
unaccompanied noncitizen child's immigration file (commonly
called the ``A-File''); and
(B) shall not form any part of, and shall not be relied
upon, in any removal proceedings or any adjudication carried
out by U.S. Citizenship and Immigration Services, including
with respect to final decisions and discretionary factors.
(f) Placement of Unaccompanied Noncitizen Children With
Disabilities in Restrictive Placements.--
(1) In general.--An unaccompanied noncitizen child who is
receiving services under section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) shall not be placed in a facility
that does not have access to such services.
(2) Needs determination.--
[[Page S624]]
(A) In general.--Before placing such an unaccompanied
noncitizen child in a restrictive setting, the Director shall
make a determination as to whether the needs of the child can
be met in a more integrated setting.
(B) Elements.--A determination under subparagraph (A) shall
include--
(i) an identification of the relevant trauma-informed,
evidence-based services and accommodations that have been
identified as potentially relevant;
(ii) a description of any such service or accommodation
that has been provided and the period of time in which the
service or accommodation has been provided;
(iii) if any such service or accommodation has been
ineffective, an assessment of the reason; and
(iv) an assessment of whether additional services or
accommodations could be provided at the child's current
placement.
(3) Services available in a less restrictive placement.--
(A) In general.--If services are identified that have the
potential to maintain such an unaccompanied noncitizen child
in a less restrictive placement, the Director shall ensure
that the child receives such services before the Director
considers a transfer to a restrictive placement.
(B) Identification of services and accommodations.--
(i) In general.--For each such unaccompanied noncitizen
child, at each placement review hearing under subsection (e),
the Director shall explicitly identify services and
accommodations that could be made available in a less
restrictive placement.
(ii) Justification.--A recommendation by the Director
against placing such an unaccompanied noncitizen child in a
less restrictive placement shall be supported by specific
documentation as to the reasons that, even with such
accommodations, the child cannot be safely placed in a less
restrictive placement.
(4) Independent review.--
(A) In general.--In the case of such an unaccompanied
noncitizen child whom the Director intends to transfer to a
restrictive placement, before the child's placement review
hearing, the decision to so transfer shall be reviewed by an
independent third-party licensed psychologist or psychiatrist
who is experienced in the care of children in accordance with
a standardized process for evaluating the data and presented
rationale, including a consideration of accommodations that
could avoid the need for restrictive placement.
(B) Continued restrictive placement.--In the case of such
an unaccompanied noncitizen child in a restrictive placement
whom the Director does not intend to transfer to a less
restrictive placement, before the child's next placement
review hearing, the decision shall be reviewed by an
independent third-party licensed psychologist or psychiatrist
who is experienced in the care of children, in accordance
with a standardized process for evaluating the data and
presented rationale, including a consideration of
accommodations that could avoid the need for restrictive
placement.
(C) Report.--Not later than 45 days after conducting a
review under this paragraph, the independent third-party
mental health professional shall issue a written report
describing the results of the review to the fact finder, the
child concerned, the legal counsel and child advocate of such
child, and the Director.
SEC. 4227. JUDICIAL REVIEW OF PLACEMENT.
(a) In General.--An unaccompanied noncitizen child, or the
parent, legal guardian, or nonparent family member of the
child, with the consent of the child, may seek judicial
review in a district court of the United States of--
(1) a determination with respect to the type of childcare
facility in which the child is placed; or
(2) a sponsorship determination.
(b) Venue.--Venue for judicial review under subsection (a)
may be found in--
(1) the district in which the original childcare facility
in which the unaccompanied noncitizen child concerned was
placed is located; or
(2) the district in which the childcare facility to which
the unaccompanied noncitizen child was transferred is
located.
(c) Limited Review.--Review under this section shall be
limited to entering an order solely affecting the individual
claims of the unaccompanied noncitizen child or the parent,
legal guardian, or prospective sponsor seeking such review.
(d) Agency Exercise of Discretion Reviewed De Novo.--The
exercise of discretion by the Secretary or the Secretary of
Homeland Security in making a placement decision reviewed
under this section shall be reviewed de novo.
(e) Bond Redetermination.--An unaccompanied noncitizen
child in removal proceedings shall be afforded a bond
redetermination hearing before an immigration judge in every
case, unless the child indicates on the notice of custody
determination form that he or she waives the right to such a
hearing.
Subtitle D--Family Reunification and Standards Relating to Sponsors
SEC. 4231. FAMILY REUNIFICATION EFFORTS BY OFFICE OF REFUGEE
RESETTLEMENT.
(a) In General.--During the period in which an
unaccompanied noncitizen child is in the custody of the
Secretary, the Director shall--
(1) provide individualized, onsite case management and
family reunification services;
(2) ensure that--
(A) a case manager contacts the child not later than 48
hours after the child is transferred to the custody of the
Secretary; and
(B) in the case of case manager reassignment, the case
manager reassigned to the child contacts the child not later
than 24 hours after such reassignment;
(3) make and document prompt, active, and continuous
efforts towards family reunification and release; and
(4) work diligently--
(A) to review family reunification applications from
prospective sponsors; and
(B) to assist prospective sponsors in completing such
applications and complying with sponsor requirements.
(b) Preference for Release.--The Director may release an
unaccompanied noncitizen child from the custody of the
Secretary to a sponsor who is, in the order of preference,
any of the following:
(1) A parent.
(2) A legal guardian.
(3) An adult relative.
(4) An adult individual, or an entity, designated by the
parent or legal guardian of the unaccompanied noncitizen
child as capable and willing to care for the child's well-
being, which designation is supported by--
(A) a declaration signed by the parent or legal guardian
under penalty of perjury before an immigration or consular
officer; or
(B) such other document that makes such a designation and
establishes the affiant's parentage or guardianship.
(5) A licensed program willing to accept legal custody of
the child.
(6) An adult individual or entity seeking custody of the
child.
(c) Timelines for Reunification.--The Director shall use
the information collected under, and data requirements
described in, section 4602(b)--
(1) to determine the characteristics that exert significant
effect on the reunification of unaccompanied noncitizen
children with a sponsor;
(2) to establish categories of children who exhibit such
characteristics, which categories shall distinguish between--
(A)(i) children released to parents or legal guardians; and
(ii) children released to other sponsors; and
(B)(i) children who have home studies mandated by section
235 of the Trafficking Victims Protection Reauthorization Act
of 2008 (8 U.S.C. 1232);
(ii) children granted home studies through the discretion
of the Director; and
(iii) other children;
(3) to establish timelines for reunification appropriate to
each such category of children;
(4) to monitor ongoing reunification efforts for compliance
with such timelines; and
(5) to identify systematic barriers to release for children
in such categories.
(d) Systematic Barriers To Release.--The Director shall
eliminate any administrative hindrance identified as a
systemic barrier to release under subsection (c)(4).
(e) Expedited Reunification of Early Childhood Minors.--The
Director shall develop procedures to facilitate the expedited
reunification of unaccompanied noncitizen children who are
early childhood minors with family members seeking to serve
as sponsors.
(f) Limitation on Remote Services.--Case management and
family reunification services may only be provided remotely
for unaccompanied noncitizen children housed in an influx
facility or a childcare facility activated for use during an
influx.
(g) Recordkeeping.--The Director shall maintain a written
record of the efforts made by the Office of Refugee
Resettlement to reunify and release each unaccompanied
noncitizen child in the custody of the Secretary.
SEC. 4232. STANDARDS RELATING TO SPONSORS.
(a) Procedures and Protections.--
(1) In general.--The Director shall not impose sponsor
requirements (including application deadlines and requests
for information or documentation about prospective sponsors,
the household members of prospective sponsors, or other
individuals) that do not have a substantial and direct impact
on child safety.
(2) Nondiscrimination.--In reviewing an application for
sponsorship, the Director may not rely on the national
origin, immigration status, language, religion, sexual
orientation, sex (including gender identity or gender
expression), color, or race of the child concerned or of the
prospective sponsor to delay or deny the application.
(3) Prohibition on certain reasons for sponsorship
denial.--A prospective sponsor may not be denied sponsorship
solely due to--
(A) poverty, use of public assistance, lack of employment
or health insurance, or past or current health conditions
that do not have a substantial and direct impact on child
safety;
(B) absence of a pre-existing relationship with the
unaccompanied noncitizen child concerned; or
(C) immigration status.
(4) Legal rights of prospective sponsors.--
(A) In general.--In making decisions about the sponsorship
of an unaccompanied noncitizen child, the Director shall--
[[Page S625]]
(i) take into consideration the legal rights of any parent,
legal guardian, or family member who is seeking sponsorship
of the child; and
(ii) ensure that Office of Refugee Resettlement processes
for ensuring the child's safe release do not interfere with
such rights.
(B) Parents.--A parent shall not be denied reunification
with their child absent a determination supported by clear
and convincing evidence that custody of the child by the
parent is likely to result in serious emotional or physical
damage to the child.
(5) Assessment required.--
(A) In general.--The Director may only release an
unaccompanied noncitizen child to an individual or a licensed
program for whom a prospective sponsor assessment has been
completed, consistent with the requirements of section
235(c)(3) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)).
(B) Elements.--A sponsor assessment shall include--
(i) a completed family reunification application; and
(ii) consideration of the wishes and concerns of the
unaccompanied noncitizen child concerned.
(C) Opportunity to address concerns.--A prospective sponsor
shall be afforded the opportunity to address any concern
raised during the sponsor assessment process before the
prospective sponsor's application is denied.
(D) Background checks.--
(i) In general.--Fingerprint-based checks of national crime
information databases (as defined in section 534(f)(3) of
title 28, United States Code) may be requested for
prospective sponsors if a public records check of the sponsor
reveals safety concerns or there is a documented risk to the
safety of the child.
(ii) Limitation.--The criminal history of the prospective
sponsor, or a household member of the prospective sponsor,
shall not be a basis for denial of sponsorship unless the
Director demonstrates that such history includes a conviction
for child abuse or trafficking, or is less than 10 years old
and would have a direct and immediate impact on the safety of
the unaccompanied noncitizen child concerned.
(6) Safeguards.--
(A) In general.--The Director shall implement safeguards to
prevent any information obtained in the course of the sponsor
assessment process from being used for any purpose other than
assessing the sponsor's fitness to care for an unaccompanied
noncitizen child.
(B) Applicability.--Such safeguards shall apply regardless
of the outcome of the prospective sponsor's application.
(7) Annual evaluation.--
(A) In general.--Not less frequently than annually, the
Director shall conduct an evaluation of Office of Refugee
Resettlement policies and practices to determine whether such
policies and practices create unnecessary barriers to release
or result in delays in unaccompanied noncitizen children's
prompt release to sponsors.
(B) Submission to ombudsperson.--The Director shall submit
each evaluation conducted under subparagraph (A) to the
Ombudsperson.
(b) Sponsorship Determination.--
(1) In general.--Not later than 7 days after the date on
which the Director receives a family reunification
application from a prospective sponsor, the Director shall
make a determination with respect to whether the
unaccompanied noncitizen child concerned may be placed with
the sponsor.
(2) Consideration of effect of denial.--In making a
determination under paragraph (1), the Director shall take
into consideration the effect a denial of the application,
and continued immigration custody for the unaccompanied
noncitizen child concerned, would have on--
(A) the health and well-being of the child; and
(B) in the case of a prospective sponsor who is a parent,
legal guardian, or a family member of the child, the right of
the parent, legal guardian, or family member to the care and
custody of the child.
(3) Sponsorship hearing.--
(A) In general.--The Director shall provide an opportunity
for an administrative hearing, conducted in accordance with
sections 554 through 557 of title 5, United States Code, in
the case of--
(i) a determination that a prospective sponsor is not fit
to receive the unaccompanied noncitizen child concerned; or
(ii) failure by the Director to make a determination on a
family reunification application within the timeframe set
forth in paragraph (1).
(B) Notice.--
(i) In general.--Not later than 24 hours after a
determination or failure described in subparagraph (A), the
Director shall provide notice of such a hearing to--
(I) the unaccompanied noncitizen child;
(II) the legal counsel and the child advocate of such
child;
(III) the prospective sponsor; and
(IV) the legal counsel of such prospective sponsor.
(ii) Elements.--The notice required under clause (i) shall
include, in a language the unaccompanied noncitizen child and
the prospective sponsor understand, the following:
(I) The time, date, and location of the hearing.
(II) Notice with respect to the availability of
transportation to the hearing for the child and the
prospective sponsor under subparagraph (E)(i).
(III) In the case of a determination that the prospective
sponsor is unfit--
(aa) the justification for such determination; and
(bb) a description of any supporting evidence and
information.
(IV) In the case of a failure to make a timely
determination, a justification for such failure.
(V) Notification that the unaccompanied noncitizen child
and prospective sponsor may submit additional evidence,
including witness testimony, in support of the family
reunification application at or before the hearing.
(C) Limitation on office of refugee resettlement
evidence.--In a hearing under this paragraph, the Director
may only submit evidence and information that is described on
the notice provided under subparagraph (B).
(D) Timing of hearing.--
(i) In general.--Except as provided in clause (ii), a
hearing under this paragraph shall occur not less than 7 days
and not more than 14 days after the date on which notice
under subparagraph (B) is provided.
(ii) Request for additional time.--Such a hearing may occur
on a date that is more than 14 days after the date such
notice is provided if the prospective sponsor requests
additional time.
(E) Presence at hearing.--
(i) Transportation.--On request by the unaccompanied
noncitizen child or the prospective sponsor, the Director
shall facilitate the transportation of the child and the
prospective sponsor to a centralized location for the
hearing.
(ii) Waiver of child's presence.--With the assistance of
counsel, an unaccompanied noncitizen child may waive the
child's presence at a hearing under this paragraph.
(iii) Virtual hearing.--An unaccompanied noncitizen child
may request a virtual hearing under this paragraph and waive
the right to an in-person hearing.
(F) Procedural matters.--
(i) Neutral fact finder.--A hearing under this paragraph
shall be presided over by a neutral fact finder who--
(I) is not an employee of the Office of Refugee
Resettlement; and
(II) has expertise in child welfare.
(ii) Child and sponsor rights.--At a hearing under this
paragraph, an unaccompanied noncitizen child and the child's
prospective sponsor shall have--
(I) the right to counsel; and
(II) the right and opportunity to confront, inspect, and
rebut the evidence alleged to justify a determination by the
Director that the prospective sponsor is unfit.
(iii) Interpretation services.--An interpreter in the
preferred language of the unaccompanied noncitizen child and
the prospective sponsor shall be made available for a hearing
under this paragraph.
(iv) Burdens of production and proof.--The Director shall
have the burden of production and the burden of proof, by
clear and convincing evidence, to establish that--
(I) placement with the prospective sponsor is likely to
result in serious emotional or physical damage to the child;
and
(II) continued Office of Refugee Resettlement custody is
the least restrictive setting that is in the best interests
of the child.
(v) Record of proceedings.--The record of proceedings for a
hearing under this paragraph, and all related documentation--
(I) shall be maintained separately and apart from the
unaccompanied noncitizen child's immigration file (commonly
called the ``A-File''); and
(II) shall not form any part of, and shall not be relied
upon, in any removal proceedings or any adjudication carried
out by U.S. Citizenship and Immigration Services, including
with respect to final decisions and discretionary factors.
(G) Written decision.--
(i) In general.--Not later than 2 business days after the
date of a hearing under this paragraph, the fact finder
shall--
(I) issue a written decision ordering the release of the
unaccompanied noncitizen child to the prospective sponsor or
denying such release, which shall be binding on the Office of
Refugee Resettlement; and
(II) provide the written decision to--
(aa) the child and the prospective sponsor; and
(bb) the legal counsel and the child advocate of the child
and the legal counsel of the prospective sponsor, as
applicable.
(ii) Denials.--In the case of a denial of release to the
prospective sponsor, the decision shall--
(I) set forth detailed, specific, and individualized
reasoning for such denial; and
(II) notify the child and prospective sponsor of their
right to seek review of the decision by the Ombudsperson
under subparagraph (H).
(iii) Language access.--The decision shall be made
available in a language and in a format the unaccompanied
noncitizen child and the prospective sponsor understand.
(H) Review by ombudsperson.--
(i) In general.--On request by an unaccompanied noncitizen
child, the legal counsel or prospective sponsor of such
child, or the legal counsel of such prospective sponsor, the
Ombudsperson shall carry out a review of a decision under
subparagraph (G), which shall be completed not later than 15
days after the date on which the request for review is made.
(ii) Recommendation.--
[[Page S626]]
(I) In general.--In carrying out a review under this
subparagraph, the Ombudsperson may make a recommendation on
the placement or sponsorship of the unaccompanied noncitizen
child concerned.
(II) Finding of erroneous decision.--
(aa) In general.--If the Ombudsperson determines that the
decision under subparagraph (G) was erroneous, the
Ombudsperson shall submit to the Director a recommendation
for further action.
(bb) Written statement.--
(AA) In general.--If the Director declines to follow the
recommendation of the Ombudsperson, the Director shall
provide a detailed written justification to the child, the
prospective sponsor, the legal counsel and the child advocate
of the child, and the legal counsel of the prospective
sponsor, as applicable.
(BB) Nondelegation.--The Director may not delegate the
requirement to issue such a written statement to any other
individual.
(I) Judicial review.--An unaccompanied noncitizen child or
nonparent family member of the child, with the consent of the
child, may obtain judicial review of a decision under
subparagraph (G) in a district court of the United States.
(J) Continued efforts by office of refugee resettlement.--
During the pendency of a hearing under this paragraph, and
any review of a decision resulting from such a hearing under
subparagraph (H) or (I), the Director shall continue to seek
alternative prospective sponsors for the unaccompanied
noncitizen child concerned.
SEC. 4233. SPECIAL CONSIDERATIONS RELATING TO RELEASE OF
CHILDREN WITH DISABILITIES.
(a) In General.--The Director may not delay the release of
an unaccompanied noncitizen child based solely on a pending
evaluation for services under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
(b) Supporting Evidence Required for Determination Not To
Release.--A determination by the Director not to release an
unaccompanied noncitizen child receiving services under such
section based on a prospective sponsor's inability to meet
the needs of the child shall be supported by evidence of
efforts by the Director to educate, and provide concrete
resources and support to, the prospective sponsor through the
provision of post-release services.
(c) Release to Parents.--The Director may not deny the
reunification of an unaccompanied noncitizen child receiving
services under such section with his or her parent absent a
determination supported by clear and convincing evidence
that--
(1) custody of the child by the parent is likely to result
in serious emotional or physical damage to the child; and
(2) continued Office of Refugee Resettlement custody is the
least restrictive setting that is in the best interests of
the child.
(d) Review.--
(1) In general.--With respect to a determination by the
Director not to release an unaccompanied noncitizen child
receiving services under such section based on an assessment
that the child is a danger to himself or herself or to
others, a review of such determination shall be carried out
by an independent third-party licensed psychologist or
psychiatrist who is experienced in the care of children
before the date on which the sponsorship hearing under
section 4232(b)(3) occurs.
(2) Procedure.--A review under paragraph (1) shall--
(A) be carried out using a standardized method for
evaluating the data and shall include the rationale for
denying release; and
(B) consider the availability of assistive services or
technology that could be provided to the unaccompanied
noncitizen child concerned if he or she were released.
(3) Availability.--Such a review shall be made in writing
and made available to the unaccompanied noncitizen child and
the child's legal counsel before the date on which a
sponsorship hearing under section 4232(b)(3) occurs.
(e) Office of Refugee Resettlement Support for Sponsors.--
With respect to children with disabilities released from the
custody of the Secretary, the Director shall support and
assist sponsors in accessing and coordinating post-release
community-based services and support or technology, to the
extent such services and support are available.
(f) Alternative Placement.--If a sponsor is not identified
for an unaccompanied noncitizen child who receives services
under section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), the Director shall make every effort to place
the child in therapeutic foster care, foster care, or the
Unaccompanied Refugee Minor program.
Subtitle E--Release
SEC. 4241. PROCEDURES FOR RELEASE.
(a) In General.--The Secretary shall release an
unaccompanied noncitizen child from the custody of the
Secretary--
(1) without unnecessary delay; and
(2) as quickly as may be safely accomplished.
(b) Provision of Records on Release.--On release from the
custody of the Secretary, including in circumstances of
repatriation, the Director shall provide unaccompanied
noncitizen children and their sponsors, as applicable, the
unaccompanied noncitizen child's complete Office of Refugee
Resettlement case file and records, including--
(1) documentation that details the child's medical and
educational status, progress, and any related evaluations;
(2) information relating to any special needs of the child;
and
(3) any other information relevant to promoting the child's
well-being after release.
(c) Prescription Medication.--The Director shall ensure
that unaccompanied noncitizen children prescribed medication
are released with not less than a 60-day supply of their
medication and information from a physician regarding
continuing or discontinuing the medication.
(d) Transportation.--Expenses incurred in transporting
unaccompanied noncitizen children and their sponsors for the
purpose of the release of the child shall be paid by the
Office of Refugee Resettlement.
(e) Prohibition on Secretary Taking Child Back Into
Custody.--
(1) In general.--After the release of an unaccompanied
noncitizen child from the custody of the Secretary to a
sponsor, the Secretary may not take the child back into
custody.
(2) Reporting to state child welfare agency.--With respect
to a child released from such custody, if the Director
becomes aware of a concern related to suspected abuse or
neglect in a sponsor's care, the Director may report such
concerns to the applicable State child welfare agency.
SEC. 4242. POST-RELEASE SERVICES.
(a) Required in Limited Circumstances.--
(1) In general.--The Director may not uniformly require
post-release services to be in place before releasing an
unaccompanied noncitizen child to a sponsor.
(2) Case management specialist determination.--The Director
may only require post-release services to be in place before
releasing an unaccompanied noncitizen child to a sponsor if,
after conducting an individualized assessment of the
particular needs of the child, the case management specialist
makes a determination that the child would be at risk of
imminent physical or emotional harm if post-release services
were not in place before such release.
(b) Expansion.--The Director shall provide post-release
services, on a voluntary basis, to unaccompanied noncitizen
children, including by--
(1) conducting outreach campaigns by navigators in
communities to ensure that children, sponsors, and families
understand the post-release services offered;
(2) providing active assistance with school enrollment;
(3) supporting sponsors in obtaining necessary medical
records, including vaccination and medication records, from
the period during which the unaccompanied noncitizen children
were in the custody of the Secretary;
(4) stating that all unaccompanied children released into
United States communities are deemed to be ``lawfully
residing'' for purposes of determining eligibility for
medical assistance under Medicaid or child health assistance
and pregnancy-related assistance under the Children's Health
Insurance Program (CHIP) in States that have elected to cover
``lawfully residing'' pregnant individuals and children under
sections 1903(v)(4) and 2107(e)(1)(O) of the Social Security
Act (42 U.S.C. 1396b(v)(4), 1397gg(e)(1)(O)), as added by
section 214 of the Children's Health Insurance Program
Reauthorization Act of 2009 (commonly referred to as the
``CHIPRA 214 option'').
(5) ensuring access to family reunification and medical
support services, including support and trauma-informed
counseling for the family and mental health counseling,
through direct provision of such services or through
partnerships and referrals to services in the community; and
(6) ensuring that sponsors of children with special medical
needs receive Office of Refugee Resettlement support in
accessing appropriate medical care.
SEC. 4243. INDIVIDUALS ATTAINING 18 YEARS OF AGE.
(a) Presumption of Release on Recognizance.--
(1) In general.--If an individual in the custody of the
Secretary of Health and Human Services is not released to a
sponsor before the individual attains the age of 18 years,
there shall be a presumption that the individual shall be
released on an order of recognizance.
(2) Rebuttal.--The Secretary of Homeland Security shall
bear the burden of proof, by clear and convincing evidence,
in overcoming the presumption under paragraph (1) and in
demonstrating that such an individual is not eligible to be
released on an order of recognizance.
(3) Alternatives to detention.--
(A) In general.--In the case of an individual aging out of
the custody of the Secretary who is not eligible to be
released on an order of recognizance, the individual shall be
eligible to participate in noncustodial alternatives to
detention programs provided by the Department of Health and
Human Services, including placement with an individual, an
organizational sponsor, or a supervised group home with
supportive services to facilitate access to educational and
occupational opportunities.
(B) Placement preferences.--The categories of placements
available to an individual described in subparagraph (A)
shall be the following, in order of preference:
(i) The least restrictive family-based setting, including
long-term foster care.
(ii) An independent living program.
(iii) A childcare facility that meets the particular needs
of the individual.
[[Page S627]]
(4) Continuation of services.--The Director shall ensure
that an individual released on an order of recognizance under
this subsection is provided with--
(A) continued access to counseling, case management, legal
counsel, and other support services during the pendency of
the individual's immigration proceedings; and
(B) information on applying for special immigrant juvenile
status under section 101(a)(27)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(J)), and resources to
assist the individual with applying for such status.
(b) Post-18 Plan for Individuals Aging Out of Custody.--
(1) In general.--The Director shall develop a post-18 plan
for each unaccompanied noncitizen child entering Office of
Refugee Resettlement custody who--
(A) is over the age of 17 years and 6 months; or
(B) is not likely to be released to a sponsor before
attaining 18 years of age.
(2) Elements.--Each plan under paragraph (1) shall include
the following:
(A) An investigation into organizational sponsors and
social support services.
(B) Coordination with the Secretary of Homeland Security to
ensure the release of the unaccompanied noncitizen child on
his or her own recognizance if release to an organizational
or individual sponsor is not successful.
(c) Post-18 Program.--With respect to an individual in the
custody of the Secretary who attains 18 years of age before
reunification, placement with a sponsor, or adjudication with
respect to immigration status, the Director may extend Office
of Refugee Resettlement custody for a period ending not later
than the date on which the individual attains 21 years of
age, if the individual--
(1)(A) has not been reunified but has a family member
available for reunification;
(B) has an identified sponsor;
(C) has been admitted to long-term foster care or a
residential treatment center; or
(D) otherwise does not have reunification options but has
not yet been adjudicated with respect to immigration status
by a local court in the applicable jurisdiction; and
(2) solely at his or her discretion, without coercion and
on the recommendation of his or her case manager, elects to
remain in Office of Refugee Resettlement custody in the post-
18 program until the date on which, as applicable--
(A) the screening process for reunification is completed
and the individual is reunified with a family member or
placed with a sponsor; or
(B) the individual is adjudicated with respect to
immigration status in a local court in the applicable
jurisdiction, receives relief from removal, and enters an
applicable program for unaccompanied refugee minors.
(d) Consideration Relating to U.S. Immigration and Customs
Enforcement Custody.--In considering a sponsorship
application for an unaccompanied noncitizen child who may
attain 18 years of age in the custody of the Secretary, the
Director shall consider the potential for, and impact of,
trauma and the risk to the safety and well-being of the child
if the child were to be transferred to the custody of U.S.
Immigration and Customs Enforcement on attaining such age.
(e) Prohibition on Detention and Removal.--An individual
who was in the custody of the Secretary as an unaccompanied
noncitizen child shall not be apprehended, arrested,
transferred, or taken into the custody of U.S. Immigration
and Customs Enforcement, or removed from the United States,
based solely on having attained 18 years of age.
(f) Continued Access to Due Process, Legal Relief, and
Housing.--An individual who entered the United States as a
child shall not lose the opportunity for due process and
potential legal relief, or access to community-based housing,
based solely on having attained the age of 18 years.
SEC. 4244. CUSTODY REVIEW BY OMBUDSPERSON.
(a) In General.--If an unaccompanied noncitizen child, the
legal counsel or prospective sponsor of such child, or the
legal counsel of such prospective sponsor has reasonable
cause to believe that the child should have been released,
the child, the prospective sponsor, or such legal counsel may
request an investigation by the Ombudsperson.
(b) Notification of Lengthy Custody.--In the case of any
unaccompanied noncitizen child who remains in the custody of
the Secretary for 45 days or more, the Director shall--
(1) notify the Ombudsperson of such continued custody; and
(2) provide the Ombudsperson a complete copy of the Office
of Refugee Resettlement case file and a detailed explanation
for such continued custody.
TITLE III--EMERGENCIES AND INFLUXES
SEC. 4301. SENSE OF CONGRESS.
It is the sense of Congress that before opening or
expanding an influx facility, the Secretary and the Director
should explore all other avenues for placing an unaccompanied
noncitizen child in the least restrictive, State-licensed
setting that most approximates a family and in which the
special needs of the child, if any, may be met consistent
with the best interests and special needs of the child.
SEC. 4302. DEFINITIONS.
In this title:
(1) Emergency.--The term ``emergency'' means an event of
limited duration, such as a natural disaster, facility fire,
civil disturbance, or medical concern.
(2) Operational capacity.--The term ``operational
capacity'' means the net bed capacity of Office of Refugee
Resettlement facilities and other housing operated by State-
licensed programs for unaccompanied noncitizen children.
SEC. 4303. PLACEMENT.
(a) In General.--In the event of an emergency or influx
that prevents the prompt placement of unaccompanied
noncitizen children in childcare facilities, the Director--
(1) shall make every effort--
(A) to place arriving unaccompanied noncitizen children in
other State-licensed programs; and
(B) to release unaccompanied noncitizen children from other
programs as expeditiously as possible; and
(2) may not house an unaccompanied noncitizen child in an
influx facility or any other emergency or temporary facility
for more than 20 days.
(b) Transfer to Licensed Facility.--
(1) In general.--Except as provided in paragraph (2), in
the case of an unaccompanied noncitizen child for whom
release to a sponsor within 20 days of placement in an influx
facility is not possible, the Director shall transfer the
child to a childcare facility.
(2) Exception.--The Director may not transfer a child under
paragraph (1) if the transfer would prolong the child's total
length of custody by more than 48 hours.
(c) Limitation on Transfer to Influx Facility.--The
Director may not transfer to an influx facility any
unaccompanied noncitizen child--
(1) for whom--
(A) a prospective sponsor has not been identified; or
(B) such transfer would delay release by more than 48
hours; or
(2) who--
(A) has been identified by the Director as--
(i) having a prospective sponsor who is not a parent, a
legal guardian, or an immediate relative; or
(ii) not having any identified prospective sponsor;
(B) is younger than 16 years of age;
(C) is part of a sibling group in the custody of the
Secretary of which 1 or more siblings are younger than 16
years of age;
(D) speaks a language other than English or Spanish as his
or her primary language;
(E) has special needs;
(F) is currently prescribed psychotropic medication;
(G) is pregnant or parenting;
(H) will attain 18 years of age on a date that is not more
than 30 days after the proposed date of transfer to the
influx facility;
(I) is scheduled to be released on a date that is not more
than 3 days after the proposed date of the transfer;
(J) has a pending home study;
(K) has not received a legal orientation presentation or a
legal screening;
(L) has a date scheduled for a hearing before an
immigration court or a State court, including family and
juvenile court;
(M) has a pending application for relief from removal;
(N) has legal counsel; or
(O) has a child advocate.
(d) Family Groups.--The Director shall ensure that--
(1) unaccompanied noncitizen children with siblings or
other relatives under the age of 18 in the custody of the
Secretary are not separated from each other; and
(2) such family groups have unlimited visitation with each
other in influx facilities.
SEC. 4304. PLANNING FOR EMERGENCIES AND INFLUXES.
(a) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Director shall develop a
plan for--
(1) maintaining and expanding emergency capacity in
licensed foster care homes and small congregate care
facilities for housing unaccompanied noncitizen children so
as to eliminate the need for influx facilities; and
(2) in the case of an emergency or influx, placing
unaccompanied noncitizen children with sponsors as
expeditiously as possible.
(b) Supplemental Placement List.--
(1) In general.--The Director shall develop and maintain a
supplemental placement list of facilities that have, in the
aggregate, not fewer than 200 beds available to accept
unaccompanied noncitizen children in the case of an emergency
or influx, which shall be in addition to the number of beds
available for placements under normal circumstances.
(2) Licensing and compliance.--Any facility on the
supplemental placement list shall be--
(A) licensed in the State in which it is located; and
(B) in compliance with all standards and procedures
applicable to State-licensed programs under this division.
(3) Elements.--The supplemental placement list shall
include, for each facility, the following:
(A) The name of the facility.
(B) The number of beds available in the facility in the
case of an emergency or influx.
(C) The name and telephone number of 1 or more contact
persons, including a contact person for nights, holidays, and
weekends.
(D) Any limitation on categories of child the facility may
accept, such as age categories.
(E) A description of any special service available.
[[Page S628]]
(4) Appropriate community services.--To the extent
practicable, the Director shall attempt to include on the
supplemental placement list facilities located in geographic
areas in which culturally and linguistically appropriate
community services are available.
(5) High capacity at childcare facilities.--If the
operational capacity of all childcare facilities and foster
care placements reaches or exceeds 75 percent for a period of
3 consecutive days, the Director shall contact the facilities
on the supplemental placement list to determine the number of
available supplemental placements.
(c) Need for Supplemental Placements Exceeding Capacity.--
If the number of unaccompanied noncitizen children in need of
placement in the case of an emergency or influx exceeds the
available appropriate placements on the supplemental
placement list, the Director shall--
(1) locate additional placements through State-licensed
programs and nonprofit child and family services agencies
providing placement services; and
(2) expedite the reunification and release of unaccompanied
noncitizen children from U.S. Customs and Border Protection
custody.
SEC. 4305. INFLUX FACILITY STANDARDS AND STAFFING.
(a) Operation of Influx Facilities.--In the event that the
operation of an influx facility cannot be avoided, the
Director may operate an influx facility in accordance with
this section.
(b) Standards.--
(1) In general.--An influx facility that does not meet the
standards described in this subsection may not be used to
house any child, and children housed at such an influx
facility shall be transferred out of the influx facility
immediately.
(2) First day of operation.--On the first day of operation,
an influx facility shall be in compliance with--
(A) the staffing ratio requirements, case management
requirements, telephone call access, legal services access,
education and recreation requirements, and medical and mental
health services requirements that apply to childcare
facilities; and
(B) the facility standards under the Prison Rape
Elimination Act of 2003 (34 U.S.C. 30301 et seq.).
(3) Within 30 days.--Not later than 30 days after the date
on which an influx facility commences operation, the influx
facility shall achieve compliance with all standards set
forth in title II, including State licensing standards.
(c) Contractor Standards.--The Director may not enter into
a contract with any entity to operate an influx facility,
unless the entity has each of the following:
(1) Demonstrated experience in providing services for
unaccompanied noncitizen children or children in foster care.
(2) A plan for placement of children for whom no sponsor
has been identified.
(3) A plan for--
(A) identifying, and immediately notifying the Director
with respect to, any child believed to have been erroneously
transferred to, or in care at, the influx facility contrary
to the limitations set forth in paragraphs (1) and (2) of
section 4303(c); and
(B) not later than 10 days after identifying such a child,
transferring the child to an appropriate placement.
(4) An emergency plan that includes protection against
transmission of COVID-19 and other infectious diseases,
including a plan--
(A) to provide regular testing for any applicable disease;
(B) to comply with service standards for quarantine with
respect to any such disease that mirror the services and
guidance for children and congregate care settings
recommended by the Centers for Disease Control and
Prevention; and
(C) to ensure access to immunizations for unaccompanied
noncitizen children in the influx facility, in accordance
with any applicable guidance of the Centers for Disease
Control and Prevention.
(5) Emergency response protocols for placement, care, and
transfer of children, which reduce the amount of time a child
is in an emergency influx facility.
(6) A clear organizational chart, reporting structure, and
contact information.
(7) A staffing plan that includes maintaining specified
case manager-to-child ratios and a specified number of case
manager visits with a child each week.
(8) A training plan for case managers that includes in-
service coaching and individual support for a case manager's
first 30 days as an employee of the entity.
(9) A written code of conduct that is--
(A) distributed to all officers, employees, and volunteers;
and
(B) contains clear boundaries for working with and around
children.
(10) Written ethical standards that are--
(A) distributed to all officers, employees, and volunteers;
and
(B) based on accepted child welfare principles and best
practices.
(11) A written security plan to protect against
unauthorized access to the influx facility and other
potential threats.
(12) Data systems that meet the data and quality standards
described in section 4602 for tracking children through
intake, case management, transportation, and placement.
(d) Waiver.--
(1) In general.--In the case of an influx facility, the
Director may waive compliance with a standard or procedure
under title II for a period of not more than 30 days.
(2) Notice to congress.--If the Director waives compliance
with the requirement that an influx facility shall be
licensed by the State in which it is located, the Director
shall provide to Congress notice of such waiver, which shall
include--
(A) a justification for the waiver; and
(B)(i) a plan for the influx facility to obtain such
licensing; or
(ii) in the case of an influx facility that will be unable
to obtain such licensing--
(I) an explanation of the reason that--
(aa) licensing is not possible; and
(bb) the particular influx facility was chosen and remains
operationally necessary.
(e) Reporting Mechanisms.--The Director shall establish
clear procedures--
(1) for unaccompanied noncitizen children at influx
facilities to directly and confidentially report incidents of
abuse or neglect at influx facilities to the Ombudsperson,
consulates, and State authorities; and
(2) to allow State child protective services immediate
access to any influx facility to investigate any such report.
(f) Staffing.--
(1) Background checks.--
(A) In general.--The Director shall ensure that a Federal
Bureau of Investigation background check, and in any
applicable State a child abuse or neglect check, has been
conducted for each influx facility staff member who will have
direct contact with unaccompanied noncitizen children.
(B) Timing of background checks.--The background checks
described in subparagraph (A) shall be completed before a
staff member interacts with any unaccompanied noncitizen
child at an influx facility.
(C) Prohibition.--The Director shall ensure than an entity
with which the Director has contracted to operate an influx
facility does not hire as staff of the influx facility any
individual who has--
(i) any conviction for child abuse or trafficking; or
(ii) a conviction that is less than 10 years old the
underlying offense of which would have a substantial and
direct effect on the safety of unaccompanied noncitizen
children.
(D) Submittal of evidence.--Not later than the date on
which an influx facility commences operation, the operator of
the influx facility shall submit to the Director and the
Ombudsperson evidence that background checks in accordance
with this paragraph--
(i) have been completed for the relevant facility staff;
and
(ii) will be completed for all new hires going forward.
(2) Fluency in spanish.--Each staff member of an influx
facility who will have contact with unaccompanied noncitizen
children shall--
(A) be fluent in Spanish and English; and
(B) have experience in the care of children.
(3) Pediatric health specialists.--An influx facility shall
have onsite pediatric health specialists, including a
pediatrician, licensed psychologist, or psychiatrist who is
experienced in the care of children.
(4) Ratios.--Not later than 15 days after the date on which
an influx facility commences operation, the Director shall
ensure that the influx facility maintains staffing ratios as
follows:
(A) During waking hours, not less than 1 on-duty youth care
worker for every 8 unaccompanied noncitizen children.
(B) During sleeping hours, not less than 1 on-duty youth
care worker for every 16 unaccompanied noncitizen children.
SEC. 4306. MONITORING AND OVERSIGHT.
(a) Site Visits.--
(1) Director.--
(A) In general.--Not less frequently than monthly during
the period in which an influx facility is in operation, the
Director shall conduct a comprehensive onsite monitoring
visit.
(B) Elements.--Each site visit conducted under subparagraph
(A) shall include--
(i) an evaluation of the compliance of the influx facility
with--
(I) the standards and procedures under title II; and
(II) the facility standards under the Prison Rape
Elimination Act of 2003 (34 U.S.C. 30301 et seq.);
(ii) an assessment of the delivery of, and unaccompanied
noncitizen children's access to, health care and mental
health care services;
(iii) an assessment of unaccompanied noncitizen children's
access to counsel and legal services; and
(iv) private, confidential interviews with unaccompanied
noncitizen children housed in the influx facility.
(2) Inspector general.--The Inspector General of the
Department of Health and Human Services may conduct
unscheduled visits to any influx facility, during which the
Inspector General may meet confidentially with any
unaccompanied noncitizen child housed in the influx facility.
(3) Ombudsperson.--Not less frequently than monthly during
the period in which an influx facility is in operation, the
Ombudsperson shall conduct a comprehensive onsite visit to
monitor for compliance with applicable Federal and State law
(including regulations), including--
(A) the Flores settlement agreement;
(B) section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232); and
(C) this division.
[[Page S629]]
(b) Tours by Approved Stakeholders.--Not less frequently
than monthly during the period in which an influx facility is
in operation, the Director shall allow approved stakeholders,
including representatives from nonprofit organizations
serving or advocating on behalf of unaccompanied noncitizen
children, to tour the influx facility.
TITLE IV--LEGAL REPRESENTATION FOR UNACCOMPANIED NONCITIZEN CHILDREN
SEC. 4401. LEGAL ORIENTATION PRESENTATIONS AND LEGAL
SCREENINGS.
(a) In General.--Not later than 10 days after transfer to
the custody of the Secretary, an unaccompanied noncitizen
child shall receive a free legal orientation presentation and
legal screening conducted by a legal services provider, which
shall include information relating to--
(1) the right to apply for relief from removal;
(2) the right to request voluntary departure in lieu of
removal; and
(3) the right to a hearing before an immigration judge.
(b) Prioritization Before Release.--
(1) In general.--The Director shall make affirmative,
thorough, and timely efforts to ensure that each
unaccompanied noncitizen child receives a presentation and
screening described in subsection (a) before release, and in
the case of any unaccompanied noncitizen child who does not
receive such presentation and screening before release, the
Director shall ensure that the child receives the
presentation and screening on release.
(2) Rule of construction.--Nothing in this section may be
construed to prohibit the release of an unaccompanied
noncitizen child to a sponsor based solely on not having
received such a presentation and screening.
SEC. 4402. LEGAL REPRESENTATION.
(a) In General.--Each unaccompanied noncitizen child in the
custody of the Secretary of Health and Human Services shall
be represented by counsel appointed or provided by the
Secretary, at Government expense, unless the child has
obtained, at his or her own expense, counsel authorized to
practice in immigration proceedings.
(b) Procedure.--Representation under subsection (a) shall--
(1) be appointed or provided by the Secretary as
expeditiously as possible;
(2) extend through every stage of removal proceedings, from
the child's initial appearance through the termination of
immigration proceedings; and
(3) include any ancillary matter appropriate to such
proceedings (including, to the extent practicable and as
appropriate, an application for employment authorization),
even if the child attains 18 years of age or is reunified
with a parent or legal guardian while the proceedings are
pending.
(c) Private, Confidential Meeting Space.--The Director
shall ensure that unaccompanied noncitizen children are
provided access to a private, confidential space to meet with
legal services providers and a private, confidential
telephone line to contact their legal counsel or legal
services providers at the expense of the government.
(d) Contact With Legal Counsel.--An unaccompanied
noncitizen child shall be permitted to call or meet with his
or her legal counsel or legal services provider at any time.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary to carry out this section.
(2) Funding.--Amounts made available under this section
shall be maintained separately from amounts designated for
childcare facilities.
(f) Scope of Representation.--Government-appointed counsel
appointed or provided by the Secretary under this section may
provide to an unaccompanied noncitizen child the full scope
of representation, including representation in--
(1) any matter relevant to the child's well-being,
including conditions of detention and matters relating to
medical and mental health services and medication;
(2) placement review hearings;
(3) sponsorship hearings; and
(4) any other matter relating to immigration.
(g) Cooperation of Office of Refugee Resettlement
Required.--
(1) In general.--The Director shall ensure that the legal
counsel of an unaccompanied noncitizen child has access to
prompt, reasonable, and regular direct communication with
case managers, case coordinators, and Federal field
specialists overseeing the child's placement, release, family
reunification, transfer, and medical and mental health
services.
(2) Requests by counsel for information.--On request by the
legal counsel or the independent legal services provider of
an unaccompanied noncitizen child, the Director shall
provide, not later than 7 days after the date on which the
request is made, the following:
(A) The names and telephone numbers of all prospective
sponsors of the unaccompanied noncitizen child concerned.
(B) A copy of the complete Office of Refugee Resettlement
case file and records of the unaccompanied noncitizen child
concerned.
TITLE V--APPOINTMENT OF CHILD ADVOCATES AND IMPROVEMENTS TO IMMIGRATION
COURTS
SEC. 4501. APPOINTMENT OF CHILD ADVOCATES.
(a) In General.--The Secretary shall appoint independent
child advocates to unaccompanied noncitizen children,
including--
(1) each vulnerable unaccompanied noncitizen child in the
custody of the Secretary; and
(2) each vulnerable unaccompanied noncitizen child who has
been released from such custody.
(b) Expansion of Child Advocate Services.--
(1) In general.--The Secretary shall increase funding for
child advocate services to facilitate the expansion, by not
later than the date that is 180 days after the date of the
enactment of this Act, of the provision of such services to
all locations at which--
(A) unaccompanied noncitizen children in the custody of the
Secretary are housed; or
(B) unaccompanied noncitizen children appear before
immigration courts for removal proceedings.
(2) Prioritization.--In expanding services under this
subsection, the Secretary shall prioritize locations that
have the highest numbers of unaccompanied noncitizen children
in the custody of the Secretary and unaccompanied noncitizen
children appearing before immigration courts.
(3) Access to records.--
(A) In general.--A child advocate appointed under this
section shall have timely access to all materials necessary
to effectively advocate for the best interests of the
unaccompanied noncitizen child concerned, including the
child's complete Office of Refugee Resettlement case file and
records.
(B) Request.--On request by such a child advocate, the
Director shall provide a complete copy of an unaccompanied
noncitizen child's Office of Refugee Resettlement case file
and records not later than 72 hours after the request is
made.
(4) Best interest recommendations.--A child advocate
appointed under this section shall submit a best interest
recommendation based on law, policy, medical or behavioral
health, and relevant social science research to any Federal
or State agency making a decision with respect to the best
interests of an unaccompanied noncitizen child, including--
(A) the Department of Health and Human Services;
(B) the Department of Justice;
(C) the Department of Homeland Security; and
(D) a Federal, State, or Tribal court.
(5) Confidentiality.--All communications between child
advocates appointed under this section and unaccompanied
noncitizen children shall be confidential, and such a child
advocate may not be compelled to testify or provide evidence,
in any proceeding, with respect to any information or opinion
conveyed to the child advocate by an unaccompanied noncitizen
child in the course of serving as child advocate.
(6) Legal support.--The Secretary shall ensure that each
location at which child advocate services are provided under
this section is staffed with 1 or more attorneys who have
expertise in immigration law and child welfare law.
(7) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
SEC. 4502. IMMIGRATION COURT IMPROVEMENTS.
(a) Hiring of Immigration Judges.--
(1) In general.--To adjudicate pending cases and
efficiently process future cases, the Attorney General shall
increase the total number of immigration judges by not fewer
than 75 judges during fiscal year 2024.
(2) Qualifications.--The Attorney General shall ensure that
each immigration judge hired under this subsection--
(A) is highly qualified;
(B) has substantial experience in the field of immigration
law; and
(C) is trained to conduct fair and impartial hearings in
accordance with applicable due process requirements.
(3) No preference for candidates with prior service in the
federal government.--In selecting immigration judges under
this subsection, the Attorney General may not assign any
preference to a candidate who has prior service in the
Federal Government over a candidate who has equivalent
subject matter expertise based on experience in a nonprofit
organization, private practice, or academia, but does not
have previous Federal service.
(b) Immigration Court Staff.--During fiscal year 2024, the
Attorney General shall--
(1) increase the total number of judicial law clerks at the
Executive Office for Immigration Review by 75; and
(2) increase the total number of support staff for
immigration judges, including legal assistants and
interpreters, by 300.
(c) Support Staff; Other Resources.--The Attorney General
shall ensure that the Executive Office for Immigration Review
has sufficient support staff, adequate technological and
security resources, and appropriate facilities to conduct the
immigration proceedings required under Federal law.
(d) Limitation.--Amounts appropriated for the Executive
Office for Immigration Review or for any other division,
activity, or function of the Department of Justice may not be
used to implement numeric case load judicial performance
standards or other standards that could negatively impact the
fair administration of justice by the immigration courts.
(e) Docket Management for Resource Conservation.--
Notwithstanding any opposition from the Secretary of Homeland
Security or the Attorney General, immigration
[[Page S630]]
judges shall administratively close or terminate cases, and
the Board of Immigration Appeals shall remand cases for
administrative closure, if an individual in removal
proceedings--
(1) appears to be prima facie eligible for a visa or any
other immigration benefit; and
(2) has a pending application for such benefit before U.S.
Citizenship and Immigration Services or any other applicable
Federal agency.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
TITLE VI--OVERSIGHT, MONITORING, AND ENFORCEMENT
SEC. 4601. OFFICE OF THE OMBUDSPERSON FOR UNACCOMPANIED
NONCITIZEN CHILDREN IN IMMIGRATION CUSTODY.
(a) Establishment.--There is established within the
Department of Health and Human Services an Office of the
Ombudsperson for Unaccompanied Noncitizen Children (referred
to in this section as the ``Office'') to monitor and oversee
compliance with this division and the amendments made by this
division.
(b) Independence.--The Office shall be an impartial,
confidential resource that is fully independent of--
(1) the Office of Refugee Resettlement; and
(2) the Department of Homeland Security.
(c) Ombudsperson.--
(1) In general.--The Office shall be headed by an
Ombudsperson, who shall be appointed by, and report directly
to, the Secretary.
(2) Recommendations from stakeholders.--Before making an
appointment under paragraph (1), the Secretary shall solicit
and consider candidate recommendations from organizations
that provide legal services to, and advocate on behalf of,
immigrant children.
(3) Limitation on certain former employees.--The Secretary
may not appoint as Ombudsperson any individual who, during
the 2-year period preceding the date of appointment, was an
employee of the Office of Refugee Resettlement or the
Department of Homeland Security.
(4) Term.--
(A) In general.--Subject to subparagraph (C), the term of
an Ombudsperson appointed under this subsection shall be not
more than 4 years.
(B) Consecutive terms.--An Ombudsperson may be appointed
for consecutive terms.
(C) Expiration.--The term of an Ombudsperson shall not
expire before the date on which the Ombudsperson's successor
is appointed.
(5) Removal for cause.--The Secretary may only remove or
suspend an Ombudsperson for neglect of duty or gross
misconduct.
(6) Duties and authorities.--
(A) Regional offices.--
(i) Establishment.--The Ombudsperson shall establish not
fewer than 7 regional offices of the Office--
(I) to strengthen State oversight;
(II) to investigate complaints;
(III) to coordinate with State licensing entities; and
(IV) to identify and address differences among State child
protection laws.
(ii) Locations.--
(I) In general.--The regional offices required under clause
(i) shall be established in the following locations:
(aa) 1 regional office in Texas.
(bb) 1 regional office in Arizona.
(cc) 1 regional office in California or a State in the
Northwest.
(dd) 1 regional office in a State in the Midwest.
(ee) 1 regional office in a State in the Mid-Atlantic.
(ff) 1 regional office in a State in the Northeast.
(gg) 1 regional office in a State in the Southeast.
(II) Additional locations.--The Ombudsperson may make a
recommendation to the Secretary with respect to the location
of any additional regional office.
(iii) Appointment of deputies.--The Ombudsperson shall
appoint a full-time deputy for each regional office, who
shall serve at the Ombudsperson's discretion.
(iv) Applicability of other provisions.--The regional
offices established under this subparagraph shall have the
same access to facilities and records, maintain the same
rights, roles, and responsibilities, and be subject to the
same confidentiality requirements as the Office.
(B) Hiring.--
(i) In general.--The Ombudsperson shall hire to carry out
the functions of the Office necessary personnel, including
clerical personnel, who shall serve at the discretion of the
Ombudsperson.
(ii) Subject matter experts.--The personnel hired under
clause (i) shall include relevant subject matter experts,
including--
(I) legal advocates or specialists in the fields of child
and family welfare, immigration, and human rights;
(II) pediatricians;
(III) child and adolescent psychiatrists and psychologists;
(IV) social workers;
(V) data analysts with demonstrable expertise in child
welfare or immigration; and
(VI) youth or young adults with experience as noncitizen
children in immigration custody.
(C) Monitoring.--
(i) In general.--The Ombudsperson shall monitor, including
by making site visits, for compliance with all applicable law
and standards relating to noncitizen children in immigration
custody.
(ii) Influx facilities.--The Ombudsperson shall conduct
site visits of influx facilities, as described in section
4306.
(D) Investigations.--
(i) In general.--The Ombudsperson--
(I) may conduct any investigation relating to noncitizen
children in immigration custody the Ombudsperson considers
necessary; and
(II) shall investigate--
(aa) claims of abuse, neglect, or mistreatment of
noncitizen children by the Government or any other entity
while in immigration custody; and
(bb) complaints made against foster care providers,
including in the case of such a provider that is subject to
State oversight.
(ii) Timeline.--The Ombudsperson shall commence an
investigation under clause (i)(II) not later than 30 days
after the date on which a claim or complaint described in
that clause is received.
(iii) Reporting of state licensing violations.--If in the
course of an investigation under clause (i)(II)(bb) the
Ombudsperson discovers a State licensing violation, the
Ombudsperson shall report the violation to the child welfare
licensing agency of the applicable State.
(iv) Procedures.--The Ombudsperson shall establish a
procedure for conducting investigations, receiving and
processing complaints, and reporting findings.
(v) Notification.--
(I) Commencement of investigation.--If the Ombudsperson
decides to commence an investigation based on a complaint
received, not later than 45 days after the date on which the
investigation commences, the Ombudsperson shall so notify the
complainant.
(II) Decision not to investigate or to discontinue
investigation.--If the Ombudsperson decides not to
investigate a complaint or to discontinue an investigation
commenced under this subparagraph, not later than 45 days
after the date on which such an action is taken, the
Ombudsperson shall notify the complainant and provide a
reason for such action.
(III) Progress and results.--The Ombudsperson shall provide
a complainant with updates on the progress of an
investigation and shall notify the complainant of the results
of the investigation.
(vi) Confidentiality.--
(I) In general.--All information obtained by the
Ombudsperson from a complaint shall be confidential under
applicable Federal and State confidentiality law, regardless
of whether the Ombudsperson--
(aa) investigates the complaint;
(bb) refers the complaint to any other entity for
investigation; or
(cc) determines that the complaint is not a proper subject
for an investigation.
(II) Disclosure.--Disclosure of any such information may
only occur as necessary to carry out the mission of the
Office and as permitted by law.
(E) Reporting mechanisms.--
(i) In general.--The Ombudsperson shall establish and
maintain--
(I) a public toll-free telephone number to receive
complaints and reports of matters for investigation; and
(II) a public email address to receive complaints, such
reports, and requests for review of placement and sponsorship
decisions.
(ii) Availability.--
(I) In general.--The Ombudsperson shall ensure that such
telephone number and email address--
(aa) are made available, and a telephone is accessible, to
all children in immigration custody; and
(bb) are made available to prospective sponsors, sponsors,
Flores settlement agreement class counsel, and legal services
providers and child advocates who serve such noncitizen
children.
(II) Sponsorship applications.--The Director shall provide
such telephone number and email address to the prospective
sponsor of each unaccompanied noncitizen child.
(iii) Language access.--
(I) In general.--Such telephone number and email address
shall be posted in public areas of each facility or placement
in which 1 or more children in immigration custody are held,
in multiple languages, including the top 20 preferred
languages.
(II) Additional languages.--The Ombudsperson may require
that such contact information be made available and posted in
any additional language the Ombudsperson considers necessary
based on the demographics of arriving noncitizen children.
(F) Hearings.--The Ombudsperson may hold public hearings as
the Ombudsperson considers necessary.
(G) Individual case assistance and review.--
(i) In general.--The Ombudsperson may offer individual case
assistance for noncitizen children in immigration custody.
(ii) Communication with others.--In providing such
individual case assistance, the Ombudsperson may speak with a
noncitizen child's prospective sponsor, family members, child
advocate, legal counsel, case manager, case coordinator, and
Office of Refugee Resettlement Federal field specialist
staffing the noncitizen child's case, as applicable.
(H) Stakeholder meetings.--
[[Page S631]]
(i) Community stakeholders.--Not less frequently than
quarterly, the Ombudsperson shall invite community
stakeholders, including attorneys who represent noncitizen
children in immigration custody, to participate in a meeting.
(ii) Data tracking personnel.--Not less frequently than
quarterly, the Ombudsperson shall invite personnel of the
Department of Homeland Security and the Department of Health
and Human Services who manage the data tracking systems
described in section 4602 to participate in a meeting for the
purpose of informing the Ombudsperson with respect to the
efficacy and responsiveness of the system with empirical
data, analysis, and data needs.
(iii) Additional meetings.--The Ombudsperson may convene
additional meetings at any time, as the Ombudsperson
considers necessary.
(I) Reporting.--
(i) Annual public report.--
(I) In general.--Not less frequently than annually, the
Ombudsperson shall issue a public report on the
implementation of and compliance with this division and the
amendments made by this division, by the Secretary and the
Secretary of Homeland Security.
(II) Elements.--Each report under subclause (I) shall
include the following:
(aa) For the preceding fiscal year, the accomplishments and
challenges relating to such implementation and compliance.
(bb) A summary of complaints made and investigations
carried out during the preceding fiscal year, including--
(AA) the number of complaints and number and nature of
other contacts;
(BB) the number of complaints made, including the type and
source;
(CC) the number of investigations carried out;
(DD) the trends and issues that arose in the course of
investigating complaints; and
(EE) the number of pending complaints.
(cc) For the preceding fiscal year, a summary of--
(AA) each site visit conducted;
(BB) any interview with a noncitizen child or facility
staff;
(CC) facility audits and corrective actions taken or
recommended;
(DD) appeals made to the Ombudsperson; and
(EE) any other information the Ombudsperson considers
relevant.
(dd) A detailed analysis of the data collected under
section 4602.
(ee) Recommendations--
(AA) for improving implementation and compliance with this
division and the amendments made by this division; and
(BB) as to whether the Director should renew or cancel
contracts with particular Office of Refugee Resettlement
grantees.
(ff) A description of the priorities for the subsequent
fiscal year.
(ii) Report on training materials.--The Ombudsperson shall
issue a public report on the training materials developed by
the Director under section 4203(d)(4) that includes a
description of any concerns the Ombudsperson has with respect
to the materials.
(iii) Additional reports.--The Ombudsperson may issue
additional reports at any time, including data analyses and
findings, as the Ombudsperson considers necessary.
(J) Information gathering.--
(i) In general.--The Ombudsperson may submit to the
Director, the Director of U.S. Immigration and Customs
Enforcement, and the juvenile coordinators of U.S. Customs
and Border Protection requests for information with respect
to the implementation of this division.
(ii) Response required.--Not later than 30 days after the
date on which a juvenile coordinator receives a request for
information under clause (i), the juvenile coordinator shall
submit a detailed response to the Ombudsperson, the Director,
the Director of U.S. Immigration and Customs Enforcement, and
the Commissioner of U.S. Customs and Border Protection.
(iii) Cooperation required.--The Secretary and the
Secretary of Homeland Security shall--
(I) cooperate with any request for information by the
Ombudsperson; and
(II) report to the Ombudsperson any policy or instruction
issued to employees regarding the implementation of this
division.
(K) Subpoena authority.--
(i) In general.--The Ombudsperson may--
(I) issue a subpoena to require the production of all
information, reports, and other documentary evidence
necessary to carry out the duties of the Ombudsperson; and
(II) compel by subpoena, at a specified time and place--
(aa) the appearance and sworn testimony of an individual
who the Ombudsperson reasonably believes may be able to
provide information relating to a matter under investigation;
and
(bb) the production by an individual of a record of an
object that the Ombudsperson reasonably believes may relate
to a matter under investigation.
(ii) Effect of failure to comply.--In the case of an
individual who fails to comply with a subpoena issued under
this subparagraph, the Ombudsperson may commence a civil
action in an appropriate court.
(L) Additional duties.--The Ombudsperson shall--
(i) develop notices of rights, as described in sections
4105(d)(5) and 4202;
(ii) review training materials, as described in section
4203(d)(4);
(iii) conduct reviews of decisions in placement review
hearings, as described in section 4226(b)(6);
(iv) conduct reviews of decisions in sponsorship hearings,
as described in section 4232(b)(3)(H);
(v) regularly review data collected under section 4602; and
(vi) track and monitor processing times and length of
custody for noncitizen children in immigration custody.
(d) Access.--
(1) Facilities.--
(A) In general.--The Secretary and the Secretary of
Homeland Security shall ensure unobstructed access by the
Ombudsperson to any facility at which a noncitizen child is
detained.
(B) Information collection for site visits.--For each site
visit conducted by the Ombudsperson, facility staff shall
provide a list of the unaccompanied noncitizen children
housed in the facility, including their names, alien
registration numbers, dates of birth, dates of apprehension,
and the dates of facility placement--
(i) in the case of an announced site visit, not less than
48 hours before the arrival of the Ombudsperson; and
(ii) in the case of an unannounced site visit, on the
arrival of the Ombudsperson.
(C) Private and confidential space.--A facility shall
provide a private and confidential space in which the
Ombudsperson may interview unaccompanied noncitizen children
and staff.
(D) Delegation.--The Ombudsperson may designate 1 or more
individuals from outside the Ombudperson's office to conduct
site visits and interview detained children.
(2) Information.--On request by the Ombudsperson, the
Secretary shall ensure, not later than 48 hours after receipt
of the request, unobstructed access by the Ombudsperson to--
(A) the case files, records, reports, audits, documents,
papers, recommendations, or any other pertinent information
relating to the care and custody of a noncitizen child; and
(B) the written policies and procedures of all childcare
facilities.
(3) Definition of unobstructed access.--In this subsection,
the term ``unobstructed access'' means--
(A) with respect to a facility, the ability--
(i) to enter the facility at any time, including
unannounced, to observe and inspect all areas of the
facility;
(ii) to communicate privately and without restriction with
any child, caregiver, facility staff, or volunteer; and
(iii) to obtain, review, and reproduce any--
(I) record of a child, staff member, or caregiver;
(II) administrative record, policy, or document of any
facility;
(III) licensing record maintained by the applicable Federal
or State agency; or
(IV) record, including a confidential record, of a Federal
or State agency or any contractor of a Federal or State
agency, except sealed court records, production of which may
only be compelled by subpoena; and
(B) with respect to information, the ability to obtain
requested information in a timely manner and with the full
cooperation of the Secretary or the Secretary of Homeland
Security, as applicable.
(e) Confidentiality.--
(1) Identity of complainants and witnesses.--The
Ombudsperson shall maintain confidentiality with respect to
the identities of complainants or witnesses coming before the
Office, except if such a disclosure is necessary--
(A) to carry out the duties of the Ombudsperson; and
(B) to support recommendations made in individual cases,
annual reports, or other reports.
(2) Records.--In accordance with relevant Federal and State
law, the Ombudsperson may not disclose a confidential record.
(3) Testimony and deposition.--The Ombudsperson and
employees of the Office may not testify or be deposed in a
judicial or administrative proceeding regarding matters that
have come to their attention in the exercise of their
official duties, except as the Ombudsperson considers
necessary to enforce this division or the amendments made by
this division.
(4) Subpoena and discovery.--The records of the Office,
including notes, drafts, and records obtained from an
individual, a provider, or an agency during intake, review,
or investigation of a complaint, and any reports not released
to the public are not subject to disclosure or production in
response to a subpoena or discovery in a judicial or
administrative proceeding, except as the Ombudsperson
considers necessary to enforce this division or the
amendments made by this division.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 4602. DATA COLLECTION AND REPORTING.
(a) Department of Homeland Security.--
(1) In general.--The Secretary of Homeland Security shall
collect and maintain a record of each noncitizen child held
in the custody of the Secretary of Homeland Security.
(2) Frequency and submission of data collected.--
[[Page S632]]
(A) In general.--Not less frequently than weekly, the
Secretary of Homeland Security shall--
(i) collect the information described in paragraph (3) from
each district office and Border Patrol station; and
(ii) submit such data to--
(I) the Ombudsperson; and
(II) the Committee on the Judiciary and the Committee on
Appropriations of the Senate and the Committee on the
Judiciary and the Committee on Appropriations of the House of
Representatives.
(3) Information described.--The information described in
this paragraph is the following:
(A) Individual data.--For each noncitizen child in the
custody of the Secretary of Homeland Security, the following:
(i) Biographical information, including full name, date of
birth, country of citizenship, preferred language, and alien
number.
(ii) The date the child was apprehended and placed in such
custody.
(iii) The date and the time the child was released or
transferred from such custody and to whom the child was so
released or transferred.
(iv) For each accompanying family member of the child or
other adult the child identifies as a previous caregiver,
biographical and contact information.
(v) An indication as to whether the child arrived in the
company of a family member other than a parent or legal
guardian, and in the case of a separation from that family
member, a justification for the separation.
(B) Aggregated data.--
(i) The number of children in the custody of the Secretary
of Homeland Security as of the last day of each calendar
month, calculated to include all such children, disaggregated
by--
(I) facility; and
(II) Border Patrol sector.
(ii) The largest number of children concurrently held in
such custody, calculated to include all such children, and
the 1 or more dates on which such largest number occurred,
disaggregated by--
(I) facility; and
(II) Border Patrol sector.
(iii) The median and average number of hours in such
custody for each such child, calculated to include all such
children, disaggregated by--
(I) facility; and
(II) Border Patrol sector.
(4) Publication.--Not less frequently than monthly, the
Secretary of Homeland Security shall publish on a publicly
accessible internet website of the Department of Homeland
Security the following:
(A) The figures for the data collected under paragraph
(3)(B)(i).
(B) For the preceding calendar month, the figures for the
data collected under clauses (ii) and (iii) of paragraph
(3)(B).
(b) Office of Refugee Resettlement.--
(1) In general.--To support the data collection and
monitoring duties of the Ombudsperson and to facilitate
public monitoring, the Director shall--
(A) develop a systemic data collection system to collect
and maintain relevant demographic information that is
pertinent to serving--
(i) the population of unaccompanied noncitizen children in
the custody of the Secretary of Health and Human Services;
and
(ii) children who have been released from such custody with
services pending;
(B) not less than every 3 years, review the data collected,
the categorization of such data, the information architecture
for organizing and analyzing such data, any safety concern
relating to the collection of such data, and the method for
obtaining or collecting such data under such system;
(C)(i) as appropriate, revise such system to make
improvements in service delivery to unaccompanied noncitizen
children; and
(ii) if such system is so revised, ensure the continuity of
comparative data from periods before and after the revision;
and
(D) ensure the ongoing functioning and use of such system
by the Office of Refugee Resettlement.
(2) Frequency of data collected.--Not less frequently than
weekly, the Director shall--
(A) collect from each childcare facility the information
described in paragraph (3); and
(B) maintain such information in the system described in
paragraph (1)(A).
(3) Information described.--The information described in
this paragraph is the following:
(A) Individual data.--For each unaccompanied noncitizen
child in the custody of the Secretary of Homeland Security--
(i) biographical information, including full name, date of
birth, country of citizenship, preferred language, and alien
number;
(ii) the date the child was apprehended and placed in such
custody of the Secretary of Homeland Security;
(iii) the date the child was placed in the custody of the
Secretary of Health and Human Services;
(iv) the date on which the child was placed in a childcare
facility, or transferred between childcare facilities, as
applicable, and the name and location of each childcare
facility;
(v) in the case of a child placed in a residential
treatment center, therapeutic childcare facility, staff-
secure facility, or out-of-network facility, a justification
for such placement;
(vi) the status of the child's family reunification
process, including--
(I) a record of the 1 or more case managers who have worked
on the child's case, including a description of the work
performed;
(II) in the case of a child who is released or discharged
from the custody of the Secretary of Health and Human
Services--
(aa) the date of release or discharge;
(bb) the name of the individual to whom the child was
released, as applicable; and
(cc) the reason for release or discharge; and
(III) in the case of a child removed from the United
States, the date of removal and the country to which he or
she was removed, regardless of whether a child was removed
directly from the custody of the Secretary of Health and
Human Services; and
(vii) the number of occasions on which the operator of a
childcare facility or an influx facility contacted law
enforcement with respect to the child, as applicable, and the
justification for each such contact.
(B) Facility data.--For each childcare facility or influx
facility funded by the Department of Health and Human
Services--
(i) the median length of stay for unaccompanied noncitizen
children placed at the facility;
(ii) for children who have been released to sponsors, the
median amount of time spent by such children in the custody
of the Secretary of Health and Human Services before release;
(iii) the utilization rate of the facility (excluding
funded but unplaceable beds and calculated as the number of
filled beds divided by the number of beds available for
placement, expressed as a percentage);
(iv) the percentage of unaccompanied noncitizen children
transferred from the facility to any other facility,
calculated on a rolling basis; and
(v) the number and type of child abuse or neglect
allegations against facility staff or against other children
in the facility, and the number of such allegations
substantiated.
(C) National capacity data.--
(i) In general.--For all childcare facilities and influx
facilities, in the aggregate--
(I) the number of pending beds; and
(II) the number of delivered beds, disaggregated by--
(aa) beds occupied by unaccompanied noncitizen children;
(bb) unoccupied beds available for potential use by
unaccompanied noncitizen children; and
(cc) unavailable beds that are funded but cannot receive
children.
(ii) Definitions.--In this subparagraph:
(I) Delivered bed.--The term ``delivered bed'' means a bed
delivered to the Department of Health and Human Services for
use by an unaccompanied noncitizen child.
(II) Pending bed.--The term ``pending bed'' means a bed--
(aa) to be provided to the Department of Health and Human
Services for use by an unaccompanied noncitizen child that is
funded by a grant, cooperative agreement, contract, or any
other means; but
(bb) that is not yet a delivered bed.
(D) Family reunification data.--For all unaccompanied
noncitizen children in the custody of the Secretary of Health
and Human Services--
(i) the median time-to-release, disaggregated by--
(I) children released to parents or legal guardians;
(II) children released to other sponsors;
(III) children who have home studies mandated by section
235 of the Trafficking Victims Protection Reauthorization Act
of 2008 (8 U.S.C. 1232);
(IV) children granted home studies through the discretion
of the Director; and
(V) all other children; and
(ii) the number of children who have been in such custody
for more than 90 days, disaggregated by--
(I) children placed in therapeutic foster care;
(II) children placed in long-term foster care; and
(III) children in placements that are not therapeutic
foster care or long-term foster care.
(E) Comprehensive national data.--
(i) The number and characteristics of children placed in
and exiting the custody of the Secretary of Health and Human
Services.
(ii) The status of the unaccompanied noncitizen child
population, including the number of such children in such
custody, age cohorts of such children, length of placements,
types of placements, location in-network or out-of-network,
and goals for reunification by sponsor or placement type.
(iii) The number and percentage of unaccompanied noncitizen
children designated for and receiving any of the following:
(I) Mandatory home studies.
(II) Discretionary home studies.
(III) Post-release services.
(iv) The number and percentage of unaccompanied noncitizen
children held in a facility funded by the Office of Refugee
Resettlement with more than 25 other unaccompanied noncitizen
children.
(v) The number and percentage of unaccompanied noncitizen
children with special needs or disabilities (as defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102)).
(vi) For each type of childcare facility and each influx
facility--
(I) the average national case manager-to-child ratio; and
(II) the national utilization rate (excluding funded but
unplaceable beds and calculated
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as the number of filled beds divided by the number of beds
available for placement, expressed as a percentage).
(vii) The number of such facilities alleged and found to be
out of compliance with the facility standards under the
Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et
seq.).
(viii) The number and types of violations for sexual abuse
and exploitation alleged and resolved with respect to
unaccompanied noncitizen children while in the custody of the
Secretary of Health and Human Services, counted and
categorized in accordance with the Prison Rape Elimination
Act of 2003 (34 U.S.C. 30301 et seq.).
(ix) The rate of compliance with subparagraphs (A) and (B)
of section 4231(a)(2).
(F) Further population and general characteristics data.--
(i) In general.--
(I) The general status and characteristics of the
population of unaccompanied noncitizen children and their
family members.
(II) The general quality and speed of the placement
process, and information on post-placement outcomes.
(III) Barriers to release for such children, including
relevant cross-tabulations with other collected data.
(IV) An identification of children who are vulnerable to or
victims of human trafficking.
(V) The general status and characteristics of facilities
funded by the Office of Refugee Resettlement for the purpose
of the care of unaccompanied noncitizen children.
(VI) The rate of increase or decrease in childcare facility
usage, such that cross-facility comparisons are useful or
systemwide seasonal variations may be anticipated.
(VII) Aggregate measures that allow comparison between
facilities by size, placement type, and any other appropriate
factor of number and type of child abuse or neglect
allegations against staff or against other children.
(ii) Collection standards.--The Director shall develop and
implement standards for the collection of the information
described in clause (i).
(4) Submission of data and information.--Not less
frequently than weekly, the Director shall submit, in a
manner that corresponds with publication under paragraph (6),
the information described in paragraph (3) for the preceding
week to--
(A) the Ombudsperson; and
(B) the Committee on the Judiciary and the Committee on
Appropriations of the Senate and the Committee on the
Judiciary and the Committee on Appropriations of the House of
Representatives.
(5) Additional requirements.--
(A) Reliability and consistency of data collection
system.--The data collection system developed and implemented
under paragraph (1) shall--
(i) ensure that--
(I) data collected is reliable and consistent over time and
among jurisdictions through the use of uniform definitions
and methodologies; and
(II) publicly available data remains reliable and
consistent over time, unless--
(aa) the removal of data from the public domain protects
individuals or groups of individuals from harm or potential
harm; or
(bb) a modification to a definition or methodology is
necessary to allow the Office of Refugee Resettlement to
serve unaccompanied noncitizen children better, individually
or as a group; and
(ii) for the information described in paragraph (3)(F),
include metadata with respect to whether, and in what form,
such information may be made available to the public, with
the presumption that information shall be made available to
the public--
(I) in the least restricted form that protects individual
privacy; and
(II) on the same internet website used for publication
under paragraph (6).
(B) Incentives.--The Director shall use appropriate
requirements and incentives to ensure that the data
collection system developed and implemented under paragraph
(1) functions reliably throughout the United States.
(6) Publication.--
(A) Monthly report.--
(i) In general.--Not less frequently than monthly, the
Director shall publish on a publicly accessible internet
website of the Office of Refugee Resettlement the following:
(I) As of the last day of the preceding calendar month, the
figures for the data collected under subparagraphs (C),
(D)(ii), and (E)(ii) of paragraph (3).
(II) For each calendar month, the figures for the data
collected under subparagraphs (D)(i), (E)(i), (E)(v), and
(E)(vi) of paragraph (3).
(III) If an influx facility, an emergency facility, or any
other unlicensed facility is in operation to house noncitizen
children, the figures for the data collected under paragraph
(3)(E)(ix) and any other data required to ensure oversight
and transparency under section 4306.
(IV) The data and measures described in paragraph (3)(F)
for which new or continuing publication is--
(aa) in the public interest; or
(bb) required under paragraph (5)(A).
(V) A description of any change between the information
reported under subclauses (I) through (IV) for the reporting
period and such information reported for the preceding
reporting period.
(ii) Aggregation of data.--The information published under
clause (i) shall be aggregated so as to facilitate uniform
monthly reporting.
(B) Annual report.--
(i) In general.--Not less frequently than annually, the
Director shall publish on a publicly accessible internet
website of the Office of Refugee Resettlement the following:
(I) As of the last day of each fiscal year, the figures for
the data collected under subparagraphs (E)(iii), (E)(v),
(E)(vii), and (E)(viii) of paragraph (3).
(II) The data and measures described in paragraph (3)(F)
for which new or continuing publication is--
(aa) in the public interest; or
(bb) required under paragraph (5)(A).
(III) A description of any change between the information
reported under subclauses (I) and (II) for the reporting
period and such information reported for the preceding
reporting period.
(ii) Aggregation of data.--The information published under
clause (i) shall be aggregated so as to facilitate uniform
annual reporting.
(c) Ombudsperson Review of Data.--The Secretary of Health
and Human Services and the Secretary of Homeland Security
shall--
(1) ensure that the Ombudsperson--
(A) has access to all real-time data regarding noncitizen
children in immigration custody; and
(B) is able to independently and regularly review data
collected by the Department of Health and Human Services and
Department of Homeland Security with respect to such
children;
(2) respond in a timely manner to inquiries from the
Ombudsperson with respect to such data; and
(3) promptly take any necessary corrective action with
respect to the accuracy and integrity of such data.
SEC. 4603. ENFORCEMENT.
(a) Audits.--
(1) In general.--Not less frequently than annually, the
Director shall conduct an audit of each childcare facility,
which shall include a site visit--
(A) to assess compliance of the childcare facility with the
requirements of this division; and
(B) to determine whether the operator of the childcare
facility continues to be a State-licensed program.
(2) Report to ombudsperson.--Not later than 7 days after
the date on which the Director completes an audit under
subsection (a), the Director shall submit to the Ombudsperson
a report on the audit, including a description of any
corrective action required to bring the childcare facility
into compliance.
(b) Violations.--
(1) Notification.--With respect to a childcare facility
found to be in violation of this division, the Director shall
provide the State-licensed program concerned with a written
notification of each deficiency.
(2) Appeal.--
(A) In general.--A State-licensed program shall have the
opportunity to administratively appeal a finding of
deficiency in a childcare facility operated by the State-
licensed program.
(B) No new referrals.--During the pendency of an appeal
under subparagraph (A), the childcare facility may not
receive new placements of unaccompanied noncitizen children.
(3) Debarment.--Consistent with the Federal Acquisition
Regulation, any operator of a childcare facility that fails
to maintain an appropriate State license or meet the
standards set forth in this division shall be debarred or
suspended from contracting with the Secretary for not less
than 3 years.
(c) Civil Action.--
(1) In general.--An unaccompanied noncitizen child or the
parent, legal guardian, or prospective sponsor of such a
child alleging noncompliance by a State-licensed program with
the standards and procedures set forth in this division for
childcare facilities may commence a cause of action in a
district court of the United States that has venue over the
matter.
(2) Venue.--Venue for an action under paragraph (1) may be
found in--
(A) the district in which the original childcare facility
in which the unaccompanied noncitizen child concerned was
placed is located; or
(B) the district in which the childcare facility to which
the unaccompanied noncitizen child was transferred is
located.
(d) Limited Review.--Review under this section shall be
limited to entering an order solely affecting the individual
claims of the unaccompanied noncitizen child or the parent,
legal guardian, or prospective sponsor seeking such review.
(e) Interference With Ombudsperson.--An employee of a
Federal or State agency, a contractor of a Federal or State
agency, or a care provider who intentionally prevents,
interferes with, or attempts to impede the work of the
Ombudsperson shall be subject to a civil penalty, which shall
be not more than $2,500 for each violation.
(f) Breach of Duty of Care.--If the Ombudsperson has reason
to believe that an employee of a Federal or State agency or a
contractor of a Federal or State agency has, in the conduct
of official duties, breached the duty of care or engaged in
misconduct, the Ombudsperson shall refer the matter to
[[Page S634]]
the head of such Federal or State agency, a grand jury, or
other appropriate official or agency.
(g) Criminal Penalty for Discrimination or Retaliation.--A
violation of section 4604 or any provision of title VII shall
be a misdemeanor.
SEC. 4604. PROTECTION FROM RETALIATION.
(a) In General.--The Director may not--
(1) take an adverse action against an Office of Refugee
Resettlement-funded legal services provider, child advocate
program, or any other entity based on the legal services
provider, child advocate program, or other entity having
pursued judicial review or a civil action under this
division, or any civil action in a State court, on behalf of
an unaccompanied noncitizen child or the parent, legal
guardian, or prospective sponsor of such a child; or
(2) discourage, interfere in, or withdraw funds from any
Office of Refugee Resettlement-funded legal services
provider, child advocate program, or any other entity that--
(A) pursues judicial review or a civil action under this
division, or any civil action in State court, to challenge
the conditions of such a child's custody or the denial of
release from custody; or
(B) assists such a child or the parent, legal guardian, or
prospective sponsor of such a child to so challenge.
(b) Protection for Individuals Filing Complaints With
Ombudsperson.--An employee of a Federal or State agency, a
contractor for a Federal or State agency, or a care provider
shall not retaliate against any individual for having filed a
complaint with, or provided information to, the Ombudsperson.
(c) Protections for Noncitizen Children Reporting
Discrimination.--Noncitizen children in immigration custody
may not be retaliated against for reporting discrimination,
filing a charge of discrimination, or participating in a
discrimination investigation or lawsuit.
SEC. 4605. MANDATORY ACCESS TO DETENTION FACILITIES FOR
MEMBERS OF CONGRESS.
(a) In General.--Subject to subsection (c), the Secretary
concerned shall allow a Member of Congress to tour any
facility in which 1 or more detained individuals are housed,
including unaccompanied noncitizen children, at a time
between 8:00 a.m. and 7:00 p.m. on a date requested by the
Member of Congress if, not later than 24 hours before the
date requested in the case of a Department of Homeland
Security facility, or not later than 2 business days before
the date requested in the case of a Department of Health and
Human Services facility, the Secretary concerned receives
written notice from the Member of Congress that includes--
(1) the name of the facility; and
(2) the date on which the Member of Congress intends to
tour the facility.
(b) Accompanying Members of the Press.--
(1) In general.--Subject to paragraph (2), the Secretary
concerned shall allow 1 or more members of the press to
accompany a Member of Congress on a tour of a facility under
this section.
(2) Limitations.--
(A) Still or video cameras.--The Secretary concerned shall
not be required to allow a member of the press to enter a
facility under paragraph (1) with a still or video camera.
(B) Personally identifying information.--As a condition of
entering a facility under paragraph (1), a member of the
press shall agree not to release any personally identifying
information of a staff member of the facility or a child
housed at the facility without the express authorization of
such staff member or child.
(c) Limitation.--The Secretary concerned may limit a tour
under subsection (a) to--
(1) in the case of a facility that houses not more than 50
unaccompanied noncitizen children--
(A) not more than 5 Members of Congress; and
(B) accompanying members of the press under subsection (b);
and
(2) in the case of a facility that houses more than 50
detained individuals, including unaccompanied noncitizen
children--
(A) not more than 10 Members of Congress; and
(B) accompanying members of the press under subsection (b).
(d) Definition of Secretary Concerned.--In this section,
the term ``Secretary concerned'' means, as applicable--
(1) the Secretary of Homeland Security; or
(2) the Secretary of Health and Human Services.
TITLE VII--NONDISCRIMINATION
SEC. 4701. FAIR AND EQUAL TREATMENT.
(a) In General.--All noncitizen children in immigration
custody shall be treated fairly and equally and provided with
inclusive, safe, and nondiscriminatory services.
(b) Freedom From Discrimination.--
(1) In general.--Noncitizen children in immigration custody
shall have the right to be free from discrimination and
harassment on the basis of actual or perceived
characteristics relating to race, ethnic group
identification, ancestry, national origin, color, religion,
sex (including sexual orientation, gender identity, and
expression), language, mental or physical disability, or HIV
status.
(2) Provision of services.--Services provided to noncitizen
children under this division shall be delivered in a manner
that is sensitive to the age, culture, native language, and
complex needs of each noncitizen child.
(c) Rule of Construction.--Nothing in this title shall be
construed to diminish any protection under any other Federal
or State anti-discrimination law.
SEC. 4702. RESPONSIBILITIES OF CARE PROVIDERS.
(a) In General.--During the entire period in which a
noncitizen child is held in immigration custody, the child's
care providers shall ensure that the child--
(1) is treated and served fairly and equally;
(2) is treated with dignity and respect;
(3) is cared for in an inclusive and respectful
environment; and
(4) is not subject to discrimination or harassed based on
actual or perceived characteristics.
(b) Special Considerations.--During the entire period in
which a noncitizen child is held in immigration custody, the
child's care providers--
(1) in the case of an noncitizen indigenous child, in
partnership with the noncitizen indigenous child and, to the
extent practicable, the parents, extended family, and members
of the cultural community of the child, shall make active
efforts to maintain the child's connections to culture,
tradition, and prevailing indigenous lifeways, including
through culturally appropriate programs and services;
(2) shall maintain privacy and confidentiality of
information relating to the child's sexual orientation and
gender identity;
(3) shall use the child's correct names and pronouns
corresponding to the child's gender identity;
(4) in the case of an LGBTQI child--
(A) shall--
(i) ensure that the child is housed according to an
assessment of the child's gender identity and housing
preference, health and safety needs, and State and local
licensing standards;
(ii) offer an individualized assessment to determine
whether additional or alternate restroom accommodations
should be provided;
(iii) allow the child to dress and express themselves
according to their gender identity;
(iv) allow the child to choose the gender of staff that
will conduct a pat-down search if such a search is necessary;
and
(v) consider the child's gender self-identification and the
effects of a housing assignment on the child's health and
safety; and
(B) shall not--
(i) label the child as a likely abuser or punish the child
for the child's sexual orientation, gender identity, or
gender expression; or
(ii) isolate or involuntarily segregate the noncitizen
child solely because of the child's sexual orientation,
gender identity, or gender expression.
TITLE VIII--INFORMATION SHARING AND DATA PROTECTION
SEC. 4801. SEPARATION OF RECORDS.
The Director shall ensure that--
(1) all unaccompanied noncitizen children's personal
information and Office of Refugee Resettlement case files and
records are maintained separately and apart from such
children's immigration files (commonly known as ``A-Files'');
and
(2) such case files and records are not accessible by the
Department of Homeland Security.
SEC. 4802. PROHIBITION ON USE FOR DENIAL OF RELIEF OR IN
REMOVAL PROCEEDINGS.
An unaccompanied noncitizen child's Office of Refugee
Resettlement case file or record shall not be used by the
Secretary of Homeland Security or the Attorney General--
(1) to deny any application for relief; or
(2) to facilitate involuntary removal in any proceeding,
including expedited removal, reinstatement of removal, and
proceedings under section 362 or 365 of the Public Health
Service Act (42 U.S.C. 265, 268).
SEC. 4803. DISCLOSURE.
(a) Informed Consent Required.--
(1) In general.--The personal information and Office of
Refugee Resettlement case file and records of an
unaccompanied noncitizen child--
(A) shall be confidential; and
(B) subject to paragraph (2), may only be disclosed if the
child has--
(i) consulted with the child's legal counsel; and
(ii) provided informed consent for disclosure.
(2) Children under 12 years of age.--In the case of an
unaccompanied noncitizen child under the age of 12 years,
only the parent, legal guardian, or sponsor may provide
consent for disclosure of the personal information or Office
of Refugee Resettlement case file of the child.
(3) Subsequent disclosure prohibited.--Once disclosed, the
personal information or Office of Refugee Resettlement case
file of an unaccompanied noncitizen child may not be
subsequently disclosed to a third party unless the child
has--
(A) consulted with his or her legal counsel; and
(B) provided informed consent for disclosure.
SEC. 4804. PROHIBITION ON INFORMATION SHARING.
(a) Child in Custody and Prospective Sponsors.--The
Director may not provide any information about an
unaccompanied
[[Page S635]]
noncitizen child in the custody of the Secretary, or
prospective sponsors, to the Attorney General or the
Secretary of Homeland Security without consent of the
unaccompanied noncitizen child concerned or the prospective
sponsor, as applicable, and the legal counsel of the child or
sponsor, respectively.
(b) Immigration Enforcement.--
(1) In general.--The sharing of any information between the
Office of Refugee Resettlement and the Department of Homeland
Security for purposes of immigration enforcement is
prohibited.
(2) Explanation for prospective sponsors.--The Director
shall ensure that Office of Refugee Resettlement
communications with sponsors and prospective sponsors,
including the family reunification application packet,
includes an explanation that information provided to the
Office of Refugee Resettlement may only be shared with the
Department of Homeland Security if the child and sponsor or
prospective sponsor concerned have provided informed consent.
(c) Relief From Removal.--The sharing of any information
between the Office of Refugee Resettlement and the Department
of Homeland Security or the Department of Justice for
purposes of relief from removal is prohibited.
(d) Exceptions.--
(1) In general.--The Secretary may provide for the
disclosure of information in the same manner and
circumstances as census information may be disclosed by the
Secretary of Commerce under section 8 of title 13, United
States Code.
(2) National security purposes.--The Secretary may provide
for the disclosure of information to national security
officials to be used solely for a national security purpose
in a manner that protects the confidentiality of such
information.
(3) Law enforcement purposes.--The Secretary may provide
for the disclosure of information to law enforcement
officials to be used solely for a legitimate law enforcement
purpose in a manner that protects the confidentiality of such
information.
(4) Eligibility for benefits.--The Secretary may disclose
information to Federal, State, and local public and private
agencies providing benefits, to be used solely in making
determinations of eligibility for benefits pursuant to
section 431 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641).
(5) Adjudication of applications for relief.--Government
entities adjudicating applications for relief under the
immigration laws and government personnel carrying out
mandated duties under section 101(i)(1) of the Immigration
and Nationality Act (8 U.S.C. 1101(i)(1)), may, with the
prior written consent of the noncitizen involved, communicate
with nonprofit, nongovernmental victims' service providers
for the sole purpose of assisting victims in obtaining victim
services from programs with expertise in working with
immigrant victims. Agencies receiving referrals are bound by
the provisions of this section. Nothing in this paragraph
shall be construed as affecting the ability of an applicant
to designate a safe organization through which Governmental
agencies may communicate with the applicant.
(e) Rule of Construction.--Subsections (a), (b), and (c)
shall not be construed as preventing--
(1) disclosure of information in connection with judicial
review of a determination in a manner that protects the
confidentiality of such information; or
(2) the Secretary from disclosing to the chair and ranking
members of the Committee on the Judiciary of the Senate or
the Committee on the Judiciary of the House of
Representatives, for the exercise of congressional oversight
authority, information on closed cases under this section in
a manner that protects the confidentiality of such
information and that omits personally identifying information
(including locational information about individuals).
SEC. 4805. COUNSELING RECORDS.
(a) In General.--Subject to subsection (b), information
shared by an unaccompanied noncitizen child in counseling
sessions, and written records and notes of counseling
sessions, may not be shared with the child's case management
specialist or any other employee of the Office of Refugee
Resettlement, the Department of Health and Human Services,
the Department of Justice, or the Department of Homeland
Security.
(b) Disclosure.--The information, records, and notes
described in subsection (a) may be shared--
(1) with an employee described in that subsection only if
the child presents a documented imminent threat to himself or
herself or to any other individual; or
(2) with the Department of Justice or the Department of
Homeland Security if the child has--
(A) consulted with his or her legal counsel; and
(B) provides informed consent for the disclosure.
(c) Juvenile Information.--
(1) In general.--Juvenile information, including records of
children separated from family, shall remain confidential
regardless of the child's immigration status.
(2) Rule of construction.--Nothing in this division may be
construed as authorizing--
(A) the disclosure of juvenile information to Federal
officials absent a court order of the judge of the juvenile
court on filing a petition;
(B) the dissemination of juvenile information to, or by,
Federal officials absent a court order of the judge of the
juvenile court on filing a petition;
(C) the attachment of juvenile information to any other
document given to, or provided by, Federal officials absent
prior approval of the presiding judge of the juvenile court;
or
(D) any disclosure that would otherwise violate this
division.
(3) Definition of juvenile information.--In this section,
the term ``juvenile information'' includes the juvenile case
file and information related to a noncitizen child (including
the name, date, and place of birth of the child, the child's
health and education records, and the immigration status of
the child) that is--
(A) obtained or created independent of, or in connection
with, immigration, asylum, or juvenile court proceedings of
which the child is a subject; and
(B) maintained by any Federal or State agency, including a
court, probation office, child welfare agency, or law
enforcement agency.
SEC. 4806. DATA PROTECTION FOR SPONSORS.
(a) In General.--With respect to any information required
of sponsors or prospective sponsors or any data collected in
pursuit of sponsorship, the following protections shall
apply:
(1) Such information and data--
(A) may not be disclosed for any purpose or effect other
than reunification of the family unit, placement of a child
with a sponsor, or oversight by Congress;
(B) shall be immune from legal process; and
(C) shall not, without the consent of the sponsor or
prospective sponsor concerned, be admitted as evidence or
used for any purpose in any action, suit, or other judicial
or administrative proceeding.
(2) The Secretary or any other officer or employee of the
Department of Health and Human Services may not--
(A) use such information or data for any purpose other than
for purposes of reunification under section 235 of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232);
(B) make any publication in which such information or data
can be identified; or
(C) permit any individual other than the sworn officers and
employees of the Department of Health and Human Services to
examine such information or data.
TITLE IX--MISCELLANEOUS PROVISION
SEC. 4901. RULE OF CONSTRUCTION.
Nothing in this division may be construed--
(1) to limit the rights of a noncitizen child--
(A) to preserve 1 or more issues for judicial review in the
appeal of an individual case; or
(B) to exercise any independent right the noncitizen child
may otherwise have;
(2) to affect the application of the Flores settlement
agreement to all children in immigration custody;
(3) to abrogate, modify, or replace the Flores settlement
agreement; or
(4) to preclude or limit Flores settlement agreement class
counsel from conducting independent investigations or seeking
enforcement actions relating to violations of the Flores
settlement agreement in any appropriate district court of the
United States.
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