[Congressional Record (Bound Edition), Volume 154 (2008), Part 12]
[Extensions of Remarks]
[Page 17398]
[From the U.S. Government Publishing Office, www.gpo.gov]




            INTRODUCING THE FOSTER CHILDREN OPPORTUNITY ACT

                                 ______
                                 

                        HON. FORTNEY PETE STARK

                             of california

                    in the house of representatives

                         Tuesday, July 29, 2008

  Mr. STARK. Madam Speaker, I rise today with Representative Xavier 
Becerra to introduce legislation aimed at ensuring all foster children 
have a fighting chance to lead healthy and productive lives after they 
leave care.
  Each year, hundreds and perhaps thousands of abused and neglected 
children leave the child welfare system and become illegal immigrants 
through no fault of their own. Under current law, abused and neglected 
immigrant children in the child welfare system are eligible to become 
legal permanent residents under the Special Immigrant Juvenile Status 
(SIJS) provisions of immigration law. In order to obtain SIJS, a court 
must find that the child is in long-term foster care with no 
opportunity for family reunification (either in the U.S. or in their 
home country). If a child also meets additional immigration criteria, 
such as not having a criminal record, they can become a Legal Permanent 
Resident. Once a child leaves the child welfare system, however, they 
are no longer eligible for SIJS. A series of articles in the Los 
Angeles Times and other reports have documented how children have aged-
out of foster care or been adopted without obtaining SIJS. The result 
is that these abused and neglected children are forced into the 
underground economy, are extremely vulnerable to exploitation, and are 
under the constant threat of deportation back to a country that is 
unfamiliar to them and may be home to their abuser.
  The Foster Children Opportunity Act aims to correct this terrible 
situation by requiring that all children in the foster care system be 
screened for SIJS eligibility and assisted through the legal process to 
obtain SIJS and eventually Legal Permanent Resident Status. The bill 
will provide technical assistance to help child welfare agencies better 
understand this problem and provide resources to train judges, 
attorneys, and other legal workers in a complex area of law.
  This legislation will not change any aspect of current immigration 
law, nor will it result in any adults who have engaged in illegal 
behavior from gaining legal status. The bill simply aims to protect 
abused and neglected children by ensuring they have a fighting chance 
at leading healthy and productive lives when they exit foster care.
  The Foster Children Opportunity Act will:
  Require State plans for foster care and adoption assistance to 
document procedures to assist immigrant children in obtaining SIJS, 
Legal Permanent Residency, or other appropriate forms of immigration 
relief when doing so is in the child's best interest;
  Require child welfare agencies to assist immigrant children, and 
document their efforts, in obtaining SIJS, Legal Permanent Residency, 
or other appropriate forms of relief under immigration law before the 
child exits foster care;
  Require juvenile courts and child welfare agencies to determine 
whether filing petitions or appointing immigration counsel for a 
potentially SIJS eligible child is in that child's best interest;
  Permit the Court Improvement Program to use funds to educate and 
train judges and lawyers to assist SIJS-eligible foster children;
  Direct the Secretary of the Health and Human Services Agency, in 
consultation with the Secretary of Homeland Security, to provide 
technical assistance to child welfare agencies in carrying out the 
provisions of this bill.
  Members on all sides of the immigration debate should put down our 
differences when it comes to protecting abused and neglected children. 
We should not let the poisonous politics of immigration interfere with 
helping foster children become successful adults. I encourage all of my 
colleagues to join us me in supporting this simple legislation that 
will improve the lives of thousands of our most vulnerable children.

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