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Children’s Safe Welcome Act of 2026
Introduced Jul 21, 2026 · Last action Jul 21, 2026 — Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Summary
This legislation is called the Children’s Safe Welcome Act of 2026. It is being reviewed by a committee.
Full bill text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9805 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9805
To provide protections for children in immigration custody, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 21, 2026
Ms. Kamlager-Dove (for herself, Mr. Johnson of Georgia, and Mr.
Quigley) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Homeland Security, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide protections for children in immigration custody, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Children's Safe
Welcome Act of 2026''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--PROCEDURES AND TEMPORARY PLACEMENTS FOLLOWING APPREHENSION
Sec. 101. Prohibition on family separation.
Sec. 102. Protections for noncitizen children.
Sec. 103. Nonadversarial asylum processing for noncitizen children.
Sec. 104. Standards for U.S. Customs and Border Protection detention of
noncitizen children.
Sec. 105. Standards for U.S. Customs and Border Protection facilities
housing noncitizen children.
Sec. 106. 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. 201. Operation of foster care homes and childcare facilities.
Sec. 202. Notice of rights.
Sec. 203. Staffing and training.
Subtitle B--Services for Unaccompanied Noncitizen Children
Sec. 211. Required services.
Sec. 212. Evaluation for disability.
Sec. 213. Education.
Sec. 214. Recreation.
Subtitle C--Placement of Children
Sec. 221. Phasing out large congregate care facilities.
Sec. 222. Least restrictive setting.
Sec. 223. Foster family care.
Sec. 224. Additional requirements relating to children with
disabilities and children with mental
health needs.
Sec. 225. Minimizing transfers.
Sec. 226. Restrictive placements.
Sec. 227. Judicial review of placement.
Subtitle D--Family Reunification and Standards Relating to Sponsors
Sec. 231. Family reunification efforts by Office of Refugee
Resettlement.
Sec. 232. Standards relating to sponsors.
Sec. 233. Special considerations relating to release of children with
disabilities.
Subtitle E--Release
Sec. 241. Procedures for release.
Sec. 242. Post-release services.
Sec. 243. Individuals attaining 18 years of age.
Sec. 244. Custody review by Ombudsperson.
TITLE III--EMERGENCIES AND INFLUXES
Sec. 301. Sense of Congress.
Sec. 302. Definitions.
Sec. 303. Placement.
Sec. 304. Planning for emergencies and influxes.
Sec. 305. Influx facility standards and staffing.
Sec. 306. Monitoring and oversight.
TITLE IV--LEGAL REPRESENTATION FOR UNACCOMPANIED NONCITIZEN CHILDREN
Sec. 401. Legal orientation presentations and legal screenings.
Sec. 402. Legal representation.
TITLE V--APPOINTMENT OF CHILD ADVOCATES AND IMPROVEMENTS TO IMMIGRATION
COURTS
Sec. 501. Appointment of child advocates.
Sec. 502. Immigration court improvements.
TITLE VI--OVERSIGHT, MONITORING, AND ENFORCEMENT
Sec. 601. Office of the Ombudsperson for Unaccompanied Noncitizen
Children in Immigration Custody.
Sec. 602. Data collection and reporting.
Sec. 603. Enforcement.
Sec. 604. Protection from retaliation.
Sec. 605. Mandatory access to detention facilities for Members of
Congress.
TITLE VII--NONDISCRIMINATION
Sec. 701. Fair and equal treatment.
Sec. 702. Responsibilities of care providers.
TITLE VIII--INFORMATION SHARING AND DATA PROTECTION
Sec. 801. Separation of records.
Sec. 802. Prohibition on use for denial of relief or in removal
proceedings.
Sec. 803. Disclosure.
Sec. 804. Prohibition on information sharing.
Sec. 805. Counseling records.
Sec. 806. Data protection for sponsors.
TITLE IX--MISCELLANEOUS PROVISION
Sec. 901. Rule of construction.
SEC. 2. DEFINITIONS.
In this Act:
(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 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
601.
(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 226(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. 101. 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 102.
(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 102.
(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. 102. 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'';
(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 2026, 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 104 and 105 of the Children's Safe
Welcome Act of 2026, 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
101(a) of the Children's Safe Welcome Act of 2026,
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
101(a) of the Children's Safe Welcome Act of 2026,
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 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 105(h) of the
Children's Safe Welcome Act of 2026 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. 103. 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. 104. 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. 105. 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 Act or the amendments made by this Act.
(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, 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 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 Academy 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 Act;
(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 Act or the amendments made by this Act.
(g) Monitoring and Oversight.--
(1) In general.--Compliance of U.S. Customs and Border
Protection facilities with this Act 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 601.
(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. 106. 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. 201. 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. 202. 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
Act;
(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. 203. 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 231(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 602(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, 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 Act.
Subtitle B--Services for Unaccompanied Noncitizen Children
SEC. 211. 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 213.
(8) Recreational activities, as described in section 214.
(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 804.
(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 Act, the
amendments made by this Act, and any other requirement or
standard determined by the Ombudsperson to be in the best
interests of unaccompanied noncitizen children.
SEC. 212. 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. 213. 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.--
(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. 214. 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. 221. 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 243(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. 222. 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. 223. 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 226); 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 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.--The Director shall
deny the foster care placement for an unaccompanied noncitizen
child if the criminal history of a resident of a potential
foster care placement--
(A) includes a conviction for child abuse or
trafficking; or
(B) includes a conviction that has a direct and
immediate impact on the safety of the unaccompanied
noncitizen child.
SEC. 224. 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. 225. 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. 226. 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
(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.--
(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. 227. 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. 231. 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 602(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. 232. 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--
(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 Director shall deny
sponsorship for an unaccompanied noncitizen
child if the criminal history of a prospective
sponsor, or a household member of the sponsor--
(I) includes a conviction for child
abuse or trafficking; or
(II) includes a conviction that has
a direct and immediate impact on the
safety of the unaccompanied noncitizen
child.
(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.--
(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. 233. 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 232(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 232(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. 241. 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. 242. 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. 243. 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.
(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. 244. 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. 301. 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. 302. 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. 303. 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
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- 3Floor
- 4Passed
- 5Signed
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