118 S4393 IS: Children’s Safe Welcome Act of 2024
U.S. Senate
2024-05-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
118th CONGRESS
2d Session
S. 4393
IN THE SENATE OF THE UNITED STATES
May 22, 2024
Mr. Merkley (for himself, Mr. Durbin, Mrs. Gillibrand, Mr. Wyden, Ms. Warren, Mr. Schatz, Mr. Markey, Ms. Klobuchar, Mr. Sanders, Ms. Hirono, and Ms. Duckworth) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To provide protections for children in immigration custody, and for other purposes.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “Children’s Safe Welcome Act of 2024”.
(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.
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)).
I

Procedures and temporary placements following apprehension
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.
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 2024, 25 percent of the child caregiver professionals hired by the Secretary of Homeland Security to carry out the duties under this section shall be exempt from clause (i)(III).
(C)

Oversight of care
Such a child caregiver professional shall oversee the care of noncitizen children in U.S. Customs and Border Protection facilities, consistent with the standards established under sections 104 and 105 of the Children’s Safe Welcome Act of 2024, including by—
(i)
issuing and ensuring access to adequate food, hydration, hygiene necessities, clothing, and other supplies as needed;
(ii)
supporting general care to infants and children, including monitoring, changing diapers, assisting with toilet use and handwashing, feeding any child who is not able to feed himself or herself, and identifying and tending to other similar basic needs of children as such needs arise;
(iii)
providing supervision and support to children during recreational and exercise activities;
(iv)
maintaining a safe working environment and observing and encouraging adherence to safety rules and health guidelines; and
(v)
referring any suspected or reported medical or mental health issues to onsite Border Patrol or U.S. Customs and Border Protection personnel and medical personnel.
(D)

Availability
Caregiver services provided under this paragraph shall be—
(i)
available 24 hours per day, 7 days per week, including on weekends and Federal holidays; and
(ii)
provided by a mixed-gender staff, including not fewer than 1 male and 1 female staff member at all times.
(5)

Release of children apprehended with parents, adoptive parents, or legal guardians
In the case of a child apprehended with a parent, adoptive parent, or legal guardian, the Secretary of Homeland Security shall—
(A)
subject to paragraph (2) or (3) of section 101(a) of the Children’s Safe Welcome Act of 2024, release the child together with the parent, adoptive parent, or legal guardian, as applicable; and
(B)
ensure that the child is provided with support from a qualified nongovernmental community-based organization with experience providing services to immigrant, refugee, and asylum-seeking populations.
(6)

Release of children apprehended with nonparent family members
In the case of a child apprehended with a nonparent family member determined under subsection (b)(3)(C)(iii) to be an appropriate sponsor for the child, the Secretary of Health and Human Services shall—
(A)
subject to paragraph (2) or (3) of section 101(a) of the Children’s Safe Welcome Act of 2024, release the child together with the nonparent family member; and
(B)
ensure that the child is provided with support from a qualified nongovernmental community-based organization with experience providing services to immigrant, refugee, and asylum-seeking populations.
(7)

Prohibition on operation of family detention facilities
The Federal Government may not operate, under any circumstance, a family detention facility.”;
(6)
in subsection (b)—
(A)
in paragraph (1), in the paragraph heading, by striking “unaccompanied alien children” and inserting “unaccompanied noncitizen children”;
(B)
in paragraph (3)—
(i)
in the paragraph heading, by striking “unaccompanied alien children” and inserting “unaccompanied noncitizen children”;
(ii)
by striking “Except in the case of exceptional circumstances,” and inserting the following:
“(A)

In general
Except in the case of exceptional circumstances, subject to subparagraph (B),”; and
(iii)
by adding at the end the following:
“(B)

Limitation on U.S. Customs and Border Protection custody
Under no circumstance may the Commissioner hold an unaccompanied or accompanied noncitizen child in custody for more than 72 hours.
(C)

Reception centers
(i)

Designation
The Commissioner shall designate 1 or more reception centers located within 100 miles of each port of entry and each Border Patrol Station on the southern border for the purpose of conducting expedited evaluations described in clause (iii).
(ii)

Transfer
In the case of an unaccompanied noncitizen child apprehended with a nonparent family member, the Commissioner shall immediately transfer the child and his or her 1 or more nonparent family members, as applicable, to a reception center designated under clause (i) for the purpose of an evaluation under clause (iii).
(iii)

Expedited evaluations
(I)

In general
On the arrival of an unaccompanied noncitizen child apprehended with a nonparent family member at a designated reception center, a case manager or case coordinator of the Department of Health and Human Services shall evaluate the child to determine whether he or she may be released safely from U.S. Customs and Border Protection custody to the nonparent family member with whom the child was apprehended.
(II)

Private space
The Commissioner shall make available in each designated reception center a private space in which such a case manager or case coordinator may carry out such evaluations.
(iv)

Staffing
(I)

Case managers and case coordinators
- (aa)

In general
Case managers and case coordinators of the Department of Health and Human Services shall be detailed to designated reception centers for brief periods to ensure the independence of Department of Health and Human Services staff from the duties and functions of U.S. Customs and Border Protection.
- (bb)

Duties
A case manager or case coordinator detailed to a designated reception center shall assist the Federal field specialist at the reception center in verifying family relationships and screening each unaccompanied noncitizen child apprehended with a nonparent family member for safety concerns using existing or newly developed Department of Health and Human Services tools and skills, including document review, observation, and interviews of the child and family members.
(II)

Federal field specialists
- (aa)

In general
Federal field specialists of the Department of Health and Human Services shall prioritize for review the release decisions for any child arriving at the border of the United States with a relative who is not a parent of the child, whom the Director of the Office of Refugee Resettlement would consider as a potential sponsor for the child.
- (bb)

Duties
Such a Federal field specialist shall work with case managers and case coordinators to review the recommendation of case managers or case coordinators with respect to the qualification of such relatives as sponsors for such children.
(III)

Legal services providers
The Secretary of Health and Human Services shall enter into 1 or more contracts with nongovernmental legal services providers to provide legal orientation presentations to accompanied noncitizen children and unaccompanied noncitizen children apprehended with nonparent family members and their parents or legal guardians or nonparent family members, as applicable, under consideration for expedited release under this subparagraph.
(v)

Release decision
The Secretary of Health and Human Services shall make a determination with respect to expedited release under this subparagraph not later than 72 hours after the child has been determined to be an unaccompanied noncitizen child.
(vi)

Release of nonparent family member
(I)

In general
If the Secretary of Health and Human Services determines that the nonparent family member of an unaccompanied noncitizen child apprehended with a nonparent family member is a safe sponsor, and the applicable Federal field specialist and case manager or case coordinator have verified the family relationship, the Commissioner shall approve the release of the nonparent family member for the purpose of reunification with the child.
(II)

Retention of unaccompanied noncitizen child determination
An unaccompanied noncitizen child released to a nonparent family member who is released under subclause (I) shall retain his or her determination as an unaccompanied noncitizen child.
(III)

Post-release counsel and services
The Secretary of Health and Human 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 2024 indicates that the individual is 18 years of age or older; or
(ii)
deny or impede access to any protection provided for unaccompanied noncitizen children under Federal law, including on the basis of—
(I)
the reunification of an unaccompanied noncitizen child with a parent or legal guardian;
(II)
the release of an unaccompanied noncitizen child to a nonparent family member in accordance with subsection (b)(3)(C)(vi); or
(III)
an unaccompanied noncitizen child having attained 18 years of age.”;
(7)
in subsection (d)(8), in the paragraph heading, by striking “unaccompanied alien children” and inserting “unaccompanied noncitizen children”;
(8)
by striking subsection (g);
(9)
by redesignating subsections (h) and (i) as subsections (g) and (h), respectively; and
(10)
by adding at the end the following:
“(i)

Access to legal services
Each child in immigration custody, including accompanied noncitizen children, shall—
(1)
receive a legal orientation presentation; and
(2)
have access to legal counsel and child advocates.
(j)

Treatment of adult family members apprehended with children
(1)

In general
A parent or legal guardian or a nonparent family member who is apprehended with a child shall be placed in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
(2)

Requirement
Such a parent or legal guardian or nonparent family member and the child concerned shall be provided an opportunity—
(A)
to consult, independently and jointly, legal counsel; and
(B)
to request such measures as may be necessary to ensure—
(i)
full and fair consideration of their cases for relief from removal; and
(ii)
the best interests of the child.
(k)

Removal proceedings for accompanied noncitizen children
With respect to an accompanied noncitizen child, the child and their parent or legal guardian may only be placed in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
(l)

Definitions
In this section:
(1)

Accompanied noncitizen child
The term accompanied noncitizen child means a noncitizen under 18 years of age who—
(A)
has no lawful immigration status in the United States; and
(B)
is apprehended while traveling with a parent, adoptive parent, or legal guardian.
(2)

Commissioner
The term Commissioner means the Commissioner of U.S. Customs and Border Protection.
(3)

Danger of abuse or neglect at the hands of the parent, legal guardian, or nonparent family member
The term danger of abuse or neglect at the hands of the parent, legal guardian, or nonparent family member shall not mean migrating to or crossing the United States border.
(4)

Nonparent family member
With respect to an unaccompanied noncitizen child apprehended with a nonparent family member, the term nonparent family member means an individual who is—
(A)
18 years of age or older; and
(B)
a relative of such child, including a grandparent, aunt, uncle, first cousin, sibling, and fictive kin.
(5)

Unaccompanied noncitizen child
The term unaccompanied noncitizen child has the meaning given the term “unaccompanied alien child” in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).
(6)

Unaccompanied noncitizen child apprehended with a nonparent family member
The term unaccompanied noncitizen child apprehended with a nonparent family member means an unaccompanied noncitizen child who is apprehended while traveling with a nonparent family member.”.
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).”.
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.
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 Association of Pediatrics and the American College of Obstetricians and Gynecologists with respect to nutrition, consistency, calories, and portion size, consistent with the age of each child.
(ii)

Meals and snacks
(I)

Arrival
On arrival at the facility, a child shall be provided with a healthy, nutritious, and culturally appropriate meal.
(II)

Meals
Meals shall—
- (aa)
be served daily to all noncitizen children for breakfast, lunch, and dinner, of which not fewer than 2 meals daily shall be served hot; and
- (bb)
include a variety of fresh fruit, vegetables, a protein, and grains.
(III)

Snacks
Noncitizen children shall have unrestricted access to healthy snacks.
(IV)

Limitation on unhealthful foods
The availability of highly processed foods and sugars shall be limited.
(iii)

Water
Each noncitizen child shall—
(I)
be provided with not less than 1 gallon of drinking water or age-appropriate fluids daily; and
(II)
have unrestricted access to drinking water.
(iv)

Accommodation
A noncitizen child's individual dietary needs or restrictions shall be accommodated.
(v)

Special considerations for infants and young children
(I)

Bottle feeding
- (aa)

In general
On arrival at a facility, the parent, legal guardian, or nonparent family member of a noncitizen child using a bottle for feeding shall be offered 2 clean baby bottles, a bottle brush, dish soap, and enough bottled water and baby formula for not less than 96 ounces of formula milk.
- (bb)

Additional supplies
Additional baby formula and bottled water, and access to a bottle warmer, shall be provided on request of the parent, legal guardian, or nonparent family member.
(II)

Breastfeeding
In the case of any noncitizen child who is breastfeeding at the time of arrival at the facility—
- (aa)
continued breastfeeding shall be supported; and
- (bb)
the breastfeeding mother of each such noncitizen child shall be provided with privacy, blankets, a quiet area for breastfeeding, a nursing chair, and adequate amounts of food and water consistent with the dietary needs of a breastfeeding mother.
(D)

Hygiene
(i)

Clothes and shoes
Each noncitizen child shall be provided with a set of clean clothes, and on request, a pair of shoes in good condition and warm clothing.
(ii)

Showers
(I)

In general
Each noncitizen child shall be provided access to a hot shower with a barrier for privacy.
(II)

Access
A noncitizen child shall be provided access to additional hot showers on request.
(III)

Temperature
Hot water for a shower under this clause shall be set at a temperature consistent with the temperature required under childcare facility standards for childcare facilities licensed in the State in which the facility is located.
(iii)

Menstruation supplies
Each female noncitizen child shall be offered immediately a supply of tampons and pads at no cost.
(iv)

Diapering
(I)

In general
The parent, legal guardian, or other family member of each noncitizen child using diapers shall be provided immediately with 3 size-appropriate diapers and a packet of diaper wipes.
(II)

Additional diapers
Additional diapers and diaper wipes shall be provided on request at no cost.
(III)

Diaper changing area
The parent, legal guardian, or other family member of each such noncitizen child shall be provided—
- (aa)
access to a safe and sanitary area in which to change the child's diaper;
- (bb)
a clean diaper changing pad; and
- (cc)
a handwashing station.
(v)

Bathrooms
Each noncitizen child shall be provided access to bathrooms.
(E)

Sleep
(i)

Mats, blankets, and pillows
(I)

In general
On arrival, each noncitizen child shall be provided with a clean mat that is not less than 3 inches thick, a clean cloth blanket, and a clean pillow.
(II)

Additional blankets
A noncitizen child shall be provided with additional blankets on request by the child or the parent, legal guardian, or other family member of the child.
(ii)

Quiet location
On request or if there are signs of a noncitizen child feeling tired, the child shall be provided with access to a quiet location in which to sleep that has dimmed lights.
(iii)

Schedule
Between the hours of 9:00 p.m. and 6:00 a.m.—
(I)
noncitizen children shall have access to lighting that is safe and conducive to sleep; and
(II)
noise shall be at a level conducive to sleep.
(F)

Recreation
(i)

In general
Noncitizen children shall have access to age-appropriate recreational activities, including indoor and outdoor spaces for physical activity, toys, art supplies, sports equipment, and books.
(ii)

Outdoor play
Noncitizen children shall be allowed to play outside for not less than 30 minutes every 3 hours during daylight hours.
(G)

Religious practice
Noncitizen children shall be permitted to practice their religion or to not practice a religion, as applicable.
(5)

Notice of rights
(A)

In general
The Ombudsperson shall develop a notice of children's rights, which shall be posted in each U.S. Customs and Border Protection facility that houses children in any location in which noncitizen children are located.
(B)

Description of rights
The notice required by subparagraph (A) shall include—
(i)
a description of—
(I)
all rights afforded to a noncitizen child under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) and this 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.
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.”.
II

Standards for Department of Health and Human Services custody of unaccompanied noncitizen children
A

Standards for foster care homes and childcare facilities
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.
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.
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.
B

Services for unaccompanied noncitizen children
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.
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”).
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.
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.
C

Placement of children
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.
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.
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 alien child if the criminal history of a resident of a potential foster care placement includes a conviction—
(A)
for child abuse or trafficking; or
(B)
that has a direct and immediate impact on the safety of the unaccompanied alien child.
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.
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.
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.
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.
D

Family reunification and standards relating to sponsors
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.
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 includes a conviction—
(I)
for child abuse or trafficking; or
(II)
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.
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.
E

Release
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.
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.
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.
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.
III

Emergencies and influxes
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.
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.
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 not more than 3 days after the proposed date of the transfer;
(J)
has a pending home study;
(K)
has not received a legal orientation presentation or a legal screening;
(L)
has a date scheduled for a hearing before an immigration court or a State court, including family and juvenile court;
(M)
has a pending application for relief from removal;
(N)
has legal counsel; or
(O)
has a child advocate.
(d)

Family groups
The Director shall ensure that—
(1)
unaccompanied noncitizen children with siblings or other relatives under the age of 18 in the custody of the Secretary are not separated from each other; and
(2)
such family groups have unlimited visitation with each other in influx facilities.
304.

Planning for emergencies and influxes
(a)

Plan required
Not later than 180 days after the date of the enactment of this Act, the Director shall develop a plan for—
(1)
maintaining and expanding emergency capacity in licensed foster care homes and small congregate care facilities for housing unaccompanied noncitizen children so as to eliminate the need for influx facilities; and
(2)
in the case of an emergency or influx, placing unaccompanied noncitizen children with sponsors as expeditiously as possible.
(b)

Supplemental placement list
(1)

In general
The Director shall develop and maintain a supplemental placement list of facilities that have, in the aggregate, not fewer than 200 beds available to accept unaccompanied noncitizen children in the case of an emergency or influx, which shall be in addition to the number of beds available for placements under normal circumstances.
(2)

Licensing and compliance
Any facility on the supplemental placement list shall be—
(A)
licensed in the State in which it is located; and
(B)
in compliance with all standards and procedures applicable to State-licensed programs under this Act.
(3)

Elements
The supplemental placement list shall include, for each facility, the following:
(A)
The name of the facility.
(B)
The number of beds available in the facility in the case of an emergency or influx.
(C)
The name and telephone number of 1 or more contact persons, including a contact person for nights, holidays, and weekends.
(D)
Any limitation on categories of child the facility may accept, such as age categories.
(E)
A description of any special service available.
(4)

Appropriate community services
To the extent practicable, the Director shall attempt to include on the supplemental placement list facilities located in geographic areas in which culturally and linguistically appropriate community services are available.
(5)

High capacity at childcare facilities
If the operational capacity of all childcare facilities and foster care placements reaches or exceeds 75 percent for a period of 3 consecutive days, the Director shall contact the facilities on the supplemental placement list to determine the number of available supplemental placements.
(c)

Need for supplemental placements exceeding capacity
If the number of unaccompanied noncitizen children in need of placement in the case of an emergency or influx exceeds the available appropriate placements on the supplemental placement list, the Director shall—
(1)
locate additional placements through State-licensed programs and nonprofit child and family services agencies providing placement services; and
(2)
expedite the reunification and release of unaccompanied noncitizen children from U.S. Customs and Border Protection custody.
305.

Influx facility standards and staffing
(a)

Operation of influx facilities
In the event that the operation of an influx facility cannot be avoided, the Director may operate an influx facility in accordance with this section.
(b)

Standards
(1)

In general
An influx facility that does not meet the standards described in this subsection may not be used to house any child, and children housed at such an influx facility shall be transferred out of the influx facility immediately.
(2)

First day of operation
On the first day of operation, an influx facility shall be in compliance with—
(A)
the staffing ratio requirements, case management requirements, telephone call access, legal services access, education and recreation requirements, and medical and mental health services requirements that apply to childcare facilities; and
(B)
the facility standards under the Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.).
(3)

Within 30 days
Not later than 30 days after the date on which an influx facility commences operation, the influx facility shall achieve compliance with all standards set forth in title II, including State licensing standards.
(c)

Contractor standards
The Director may not enter into a contract with any entity to operate an influx facility, unless the entity has each of the following:
(1)
Demonstrated experience in providing services for unaccompanied noncitizen children or children in foster care.
(2)
A plan for placement of children for whom no sponsor has been identified.
(3)
A plan for—
(A)
identifying, and immediately notifying the Director with respect to, any child believed to have been erroneously transferred to, or in care at, the influx facility contrary to the limitations set forth in paragraphs (1) and (2) of section 303(c); and
(B)
not later than 10 days after identifying such a child, transferring the child to an appropriate placement.
(4)
An emergency plan that includes protection against transmission of COVID–19 and other infectious diseases, including a plan—
(A)
to provide regular testing for any applicable disease;
(B)
to comply with service standards for quarantine with respect to any such disease that mirror the services and guidance for children and congregate care settings recommended by the Centers for Disease Control and Prevention; and
(C)
to ensure access to immunizations for unaccompanied noncitizen children in the influx facility, in accordance with any applicable guidance of the Centers for Disease Control and Prevention.
(5)
Emergency response protocols for placement, care, and transfer of children, which reduce the amount of time a child is in an emergency influx facility.
(6)
A clear organizational chart, reporting structure, and contact information.
(7)
A staffing plan that includes maintaining specified case manager-to-child ratios and a specified number of case manager visits with a child each week.
(8)
A training plan for case managers that includes in-service coaching and individual support for a case manager’s first 30 days as an employee of the entity.
(9)
A written code of conduct that is—
(A)
distributed to all officers, employees, and volunteers; and
(B)
contains clear boundaries for working with and around children.
(10)
Written ethical standards that are—
(A)
distributed to all officers, employees, and volunteers; and
(B)
based on accepted child welfare principles and best practices.
(11)
A written security plan to protect against unauthorized access to the influx facility and other potential threats.
(12)
Data systems that meet the data and quality standards described in section 602 for tracking children through intake, case management, transportation, and placement.
(d)

Waiver
(1)

In general
In the case of an influx facility, the Director may waive compliance with a standard or procedure under title II for a period of not more than 30 days.
(2)

Notice to Congress
If the Director waives compliance with the requirement that an influx facility shall be licensed by the State in which it is located, the Director shall provide to Congress notice of such waiver, which shall include—
(A)
a justification for the waiver; and
(B)
(i)
a plan for the influx facility to obtain such licensing; or
(ii)
in the case of an influx facility that will be unable to obtain such licensing—
(I)
an explanation of the reason that—
- (aa)
licensing is not possible; and
- (bb)
the particular influx facility was chosen and remains operationally necessary.
(e)

Reporting mechanisms
The Director shall establish clear procedures—
(1)
for unaccompanied noncitizen children at influx facilities to directly and confidentially report incidents of abuse or neglect at influx facilities to the Ombudsperson, consulates, and State authorities; and
(2)
to allow State child protective services immediate access to any influx facility to investigate any such report.
(f)

Staffing
(1)

Background checks
(A)

In general
The Director shall ensure that a Federal Bureau of Investigation background check, and in any applicable State a child abuse or neglect check, has been conducted for each influx facility staff member who will have direct contact with unaccompanied noncitizen children.
(B)

Timing of background checks
The background checks described in subparagraph (A) shall be completed before a staff member interacts with any unaccompanied noncitizen child at an influx facility.
(C)

Prohibition
The Director shall ensure than an entity with which the Director has contracted to operate an influx facility does not hire as staff of the influx facility any individual who has—
(i)
any conviction for child abuse or trafficking; or
(ii)
a conviction that is less than 10 years old the underlying offense of which would have a substantial and direct effect on the safety of unaccompanied noncitizen children.
(D)

Submittal of evidence
Not later than the date on which an influx facility commences operation, the operator of the influx facility shall submit to the Director and the Ombudsperson evidence that background checks in accordance with this paragraph—
(i)
have been completed for the relevant facility staff; and
(ii)
will be completed for all new hires going forward.
(2)

Fluency in Spanish
Each staff member of an influx facility who will have contact with unaccompanied noncitizen children shall—
(A)
be fluent in Spanish and English; and
(B)
have experience in the care of children.
(3)

Pediatric health specialists
An influx facility shall have onsite pediatric health specialists, including a pediatrician, licensed psychologist, or psychiatrist who is experienced in the care of children.
(4)

Ratios
Not later than 15 days after the date on which an influx facility commences operation, the Director shall ensure that the influx facility maintains staffing ratios as follows:
(A)
During waking hours, not less than 1 on-duty youth care worker for every 8 unaccompanied noncitizen children.
(B)
During sleeping hours, not less than 1 on-duty youth care worker for every 16 unaccompanied noncitizen children.
306.

Monitoring and oversight
(a)

Site visits
(1)

Director
(A)

In general
Not less frequently than monthly during the period in which an influx facility is in operation, the Director shall conduct a comprehensive onsite monitoring visit.
(B)

Elements
Each site visit conducted under subparagraph (A) shall include—
(i)
an evaluation of the compliance of the influx facility with—
(I)
the standards and procedures under title II; and
(II)
the facility standards under the Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.);
(ii)
an assessment of the delivery of, and unaccompanied noncitizen children's access to, health care and mental health care services;
(iii)
an assessment of unaccompanied noncitizen children's access to counsel and legal services; and
(iv)
private, confidential interviews with unaccompanied noncitizen children housed in the influx facility.
(2)

Inspector General
The Inspector General of the Department of Health and Human Services may conduct unscheduled visits to any influx facility, during which the Inspector General may meet confidentially with any unaccompanied noncitizen child housed in the influx facility.
(3)

Ombudsperson
Not less frequently than monthly during the period in which an influx facility is in operation, the Ombudsperson shall conduct a comprehensive onsite visit to monitor for compliance with applicable Federal and State law (including regulations), including—
(A)
the Flores settlement agreement;
(B)
section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); and
(C)
this Act.
(b)

Tours by approved stakeholders
Not less frequently than monthly during the period in which an influx facility is in operation, the Director shall allow approved stakeholders, including representatives from nonprofit organizations serving or advocating on behalf of unaccompanied noncitizen children, to tour the influx facility.
IV

Legal representation for unaccompanied noncitizen children
401.

Legal orientation presentations and legal screenings
(a)

In general
Not later than 10 days after transfer to the custody of the Secretary, an unaccompanied noncitizen child shall receive a free legal orientation presentation and legal screening conducted by a legal services provider, which shall include information relating to—
(1)
the right to apply for relief from removal;
(2)
the right to request voluntary departure in lieu of removal; and
(3)
the right to a hearing before an immigration judge.
(b)

Prioritization before release
(1)

In general
The Director shall make affirmative, thorough, and timely efforts to ensure that each unaccompanied noncitizen child receives a presentation and screening described in subsection (a) before release, and in the case of any unaccompanied noncitizen child who does not receive such presentation and screening before release, the Director shall ensure that the child receives the presentation and screening on release.
(2)

Rule of construction
Nothing in this section may be construed to prohibit the release of an unaccompanied noncitizen child to a sponsor based solely on not having received such a presentation and screening.
402.

Legal representation
(a)

In general
Each unaccompanied noncitizen child in the custody of the Secretary of Health and Human Services shall be represented by counsel appointed or provided by the Secretary, at Government expense, unless the child has obtained, at his or her own expense, counsel authorized to practice in immigration proceedings.
(b)

Procedure
Representation under subsection (a) shall—
(1)
be appointed or provided by the Secretary as expeditiously as possible;
(2)
extend through every stage of removal proceedings, from the child’s initial appearance through the termination of immigration proceedings; and
(3)
include any ancillary matter appropriate to such proceedings (including, to the extent practicable and as appropriate, an application for employment authorization), even if the child attains 18 years of age or is reunified with a parent or legal guardian while the proceedings are pending.
(c)

Private, confidential meeting space
The Director shall ensure that unaccompanied noncitizen children are provided access to a private, confidential space to meet with legal services providers and a private, confidential telephone line to contact their legal counsel or legal services providers at the expense of the government.
(d)

Contact with legal counsel
An unaccompanied noncitizen child shall be permitted to call or meet with his or her legal counsel or legal services provider at any time.
(e)

Authorization of appropriations
(1)

In general
There are authorized to be appropriated such sums as may be necessary to carry out this section.
(2)

Funding
Amounts made available under this section shall be maintained separately from amounts designated for childcare facilities.
(f)

Scope of representation
Government-appointed counsel appointed or provided by the Secretary under this section may provide to an unaccompanied noncitizen child the full scope of representation, including representation in—
(1)
any matter relevant to the child’s well-being, including conditions of detention and matters relating to medical and mental health services and medication;
(2)
placement review hearings;
(3)
sponsorship hearings; and
(4)
any other matter relating to immigration.
(g)

Cooperation of Office of Refugee Resettlement required
(1)

In general
The Director shall ensure that the legal counsel of an unaccompanied noncitizen child has access to prompt, reasonable, and regular direct communication with case managers, case coordinators, and Federal field specialists overseeing the child's placement, release, family reunification, transfer, and medical and mental health services.
(2)

Requests by counsel for information
On request by the legal counsel or the independent legal services provider of an unaccompanied noncitizen child, the Director shall provide, not later than 7 days after the date on which the request is made, the following:
(A)
The names and telephone numbers of all prospective sponsors of the unaccompanied noncitizen child concerned.
(B)
A copy of the complete Office of Refugee Resettlement case file and records of the unaccompanied noncitizen child concerned.
V

Appointment of child advocates and improvements to immigration courts
501.

Appointment of child advocates
(a)

In general
The Secretary shall appoint independent child advocates to unaccompanied noncitizen children, including—
(1)
each vulnerable unaccompanied noncitizen child in the custody of the Secretary; and
(2)
each vulnerable unaccompanied noncitizen child who has been released from such custody.
(b)

Expansion of child advocate services
(1)

In general
The Secretary shall increase funding for child advocate services to facilitate the expansion, by not later than the date that is 180 days after the date of the enactment of this Act, of the provision of such services to all locations at which—
(A)
unaccompanied noncitizen children in the custody of the Secretary are housed; or
(B)
unaccompanied noncitizen children appear before immigration courts for removal proceedings.
(2)

Prioritization
In expanding services under this subsection, the Secretary shall prioritize locations that have the highest numbers of unaccompanied noncitizen children in the custody of the Secretary and unaccompanied noncitizen children appearing before immigration courts.
(3)

Access to records
(A)

In general
A child advocate appointed under this section shall have timely access to all materials necessary to effectively advocate for the best interests of the unaccompanied noncitizen child concerned, including the child's complete Office of Refugee Resettlement case file and records.
(B)

Request
On request by such a child advocate, the Director shall provide a complete copy of an unaccompanied noncitizen child's Office of Refugee Resettlement case file and records not later than 72 hours after the request is made.
(4)

Best interest recommendations
A child advocate appointed under this section shall submit a best interest recommendation based on law, policy, medical or behavioral health, and relevant social science research to any Federal or State agency making a decision with respect to the best interests of an unaccompanied noncitizen child, including—
(A)
the Department of Health and Human Services;
(B)
the Department of Justice;
(C)
the Department of Homeland Security; and
(D)
a Federal, State, or Tribal court.
(5)

Confidentiality
All communications between child advocates appointed under this section and unaccompanied noncitizen children shall be confidential, and such a child advocate may not be compelled to testify or provide evidence, in any proceeding, with respect to any information or opinion conveyed to the child advocate by an unaccompanied noncitizen child in the course of serving as child advocate.
(6)

Legal support
The Secretary shall ensure that each location at which child advocate services are provided under this section is staffed with 1 or more attorneys who have expertise in immigration law and child welfare law.
(7)

Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this subsection.
502.

Immigration court improvements
(a)

Hiring of immigration judges
(1)

In general
To adjudicate pending cases and efficiently process future cases, the Attorney General shall increase the total number of immigration judges by not fewer than 75 judges during fiscal year 2025.
(2)

Qualifications
The Attorney General shall ensure that each immigration judge hired under this subsection—
(A)
is highly qualified;
(B)
has substantial experience in the field of immigration law; and
(C)
is trained to conduct fair and impartial hearings in accordance with applicable due process requirements.
(3)

No preference for candidates with prior service in the Federal Government
In selecting immigration judges under this subsection, the Attorney General may not assign any preference to a candidate who has prior service in the Federal Government over a candidate who has equivalent subject matter expertise based on experience in a nonprofit organization, private practice, or academia, but does not have previous Federal service.
(b)

Immigration court staff
During fiscal year 2025, the Attorney General shall—
(1)
increase the total number of judicial law clerks at the Executive Office for Immigration Review by 75; and
(2)
increase the total number of support staff for immigration judges, including legal assistants and interpreters, by 300.
(c)

Support staff; other resources
The Attorney General shall ensure that the Executive Office for Immigration Review has sufficient support staff, adequate technological and security resources, and appropriate facilities to conduct the immigration proceedings required under Federal law.
(d)

Limitation
Amounts appropriated for the Executive Office for Immigration Review or for any other division, activity, or function of the Department of Justice may not be used to implement numeric case load judicial performance standards or other standards that could negatively impact the fair administration of justice by the immigration courts.
(e)

Docket management for resource conservation
Notwithstanding any opposition from the Secretary of Homeland Security or the Attorney General, immigration judges shall administratively close or terminate cases, and the Board of Immigration Appeals shall remand cases for administrative closure, if an individual in removal proceedings—
(1)
appears to be prima facie eligible for a visa or any other immigration benefit; and
(2)
has a pending application for such benefit before U.S. Citizenship and Immigration Services or any other applicable Federal agency.
(f)

Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section.
VI

Oversight, monitoring, and enforcement
601.

Office of the Ombudsperson for Unaccompanied Noncitizen Children in Immigration Custody
(a)

Establishment
There is established within the Department of Health and Human Services an Office of the Ombudsperson for Unaccompanied Noncitizen Children (referred to in this section as the “Office”) to monitor and oversee compliance with this Act and the amendments made by this Act.
(b)

Independence
The Office shall be an impartial, confidential resource that is fully independent of—
(1)
the Office of Refugee Resettlement; and
(2)
the Department of Homeland Security.
(c)

Ombudsperson
(1)

In general
The Office shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary.
(2)

Recommendations from stakeholders
Before making an appointment under paragraph (1), the Secretary shall solicit and consider candidate recommendations from organizations that provide legal services to, and advocate on behalf of, immigrant children.
(3)

Limitation on certain former employees
The Secretary may not appoint as Ombudsperson any individual who, during the 2-year period preceding the date of appointment, was an employee of the Office of Refugee Resettlement or the Department of Homeland Security.
(4)

Term
(A)

In general
Subject to subparagraph (C), the term of an Ombudsperson appointed under this subsection shall be not more than 4 years.
(B)

Consecutive terms
An Ombudsperson may be appointed for consecutive terms.
(C)

Expiration
The term of an Ombudsperson shall not expire before the date on which the Ombudsperson's successor is appointed.
(5)

Removal for cause
The Secretary may only remove or suspend an Ombudsperson for neglect of duty or gross misconduct.
(6)

Duties and authorities
(A)

Regional offices
(i)

Establishment
The Ombudsperson shall establish not fewer than 7 regional offices of the Office—
(I)
to strengthen State oversight;
(II)
to investigate complaints;
(III)
to coordinate with State licensing entities; and
(IV)
to identify and address differences among State child protection laws.
(ii)

Locations
(I)

In general
The regional offices required under clause (i) shall be established in the following locations:
- (aa)
1 regional office in Texas.
- (bb)
1 regional office in Arizona.
- (cc)
1 regional office in California or a State in the Northwest.
- (dd)
1 regional office in a State in the Midwest.
- (ee)
1 regional office in a State in the Mid-Atlantic.
- (ff)
1 regional office in a State in the Northeast.
- (gg)
1 regional office in a State in the Southeast.
(II)

Additional locations
The Ombudsperson may make a recommendation to the Secretary with respect to the location of any additional regional office.
(iii)

Appointment of deputies
The Ombudsperson shall appoint a full-time deputy for each regional office, who shall serve at the Ombudsperson's discretion.
(iv)

Applicability of other provisions
The regional offices established under this subparagraph shall have the same access to facilities and records, maintain the same rights, roles, and responsibilities, and be subject to the same confidentiality requirements as the Office.
(B)

Hiring
(i)

In general
The Ombudsperson shall hire to carry out the functions of the Office necessary personnel, including clerical personnel, who shall serve at the discretion of the Ombudsperson.
(ii)

Subject matter experts
The personnel hired under clause (i) shall include relevant subject matter experts, including—
(I)
legal advocates or specialists in the fields of child and family welfare, immigration, and human rights;
(II)
pediatricians;
(III)
child and adolescent psychiatrists and psychologists;
(IV)
social workers;
(V)
data analysts with demonstrable expertise in child welfare or immigration; and
(VI)
youth or young adults with experience as noncitizen children in immigration custody.
(C)

Monitoring
(i)

In general
The Ombudsperson shall monitor, including by making site visits, for compliance with all applicable law and standards relating to noncitizen children in immigration custody.
(ii)

Influx facilities
The Ombudsperson shall conduct site visits of influx facilities, as described in section 306.
(D)

Investigations
(i)

In general
The Ombudsperson—
(I)
may conduct any investigation relating to noncitizen children in immigration custody the Ombudsperson considers necessary; and
(II)
shall investigate—
- (aa)
claims of abuse, neglect, or mistreatment of noncitizen children by the Government or any other entity while in immigration custody; and
- (bb)
complaints made against foster care providers, including in the case of such a provider that is subject to State oversight.
(ii)

Timeline
The Ombudsperson shall commence an investigation under clause (i)(II) not later than 30 days after the date on which a claim or complaint described in that clause is received.
(iii)

Reporting of State licensing violations
If in the course of an investigation under clause (i)(II)(bb) the Ombudsperson discovers a State licensing violation, the Ombudsperson shall report the violation to the child welfare licensing agency of the applicable State.
(iv)

Procedures
The Ombudsperson shall establish a procedure for conducting investigations, receiving and processing complaints, and reporting findings.
(v)

Notification
(I)

Commencement of investigation
If the Ombudsperson decides to commence an investigation based on a complaint received, not later than 45 days after the date on which the investigation commences, the Ombudsperson shall so notify the complainant.
(II)

Decision not to investigate or to discontinue investigation
If the Ombudsperson decides not to investigate a complaint or to discontinue an investigation commenced under this subparagraph, not later than 45 days after the date on which such an action is taken, the Ombudsperson shall notify the complainant and provide a reason for such action.
(III)

Progress and results
The Ombudsperson shall provide a complainant with updates on the progress of an investigation and shall notify the complainant of the results of the investigation.
(vi)

Confidentiality
(I)

In general
All information obtained by the Ombudsperson from a complaint shall be confidential under applicable Federal and State confidentiality law, regardless of whether the Ombudsperson—
- (aa)
investigates the complaint;
- (bb)
refers the complaint to any other entity for investigation; or
- (cc)
determines that the complaint is not a proper subject for an investigation.
(II)

Disclosure
Disclosure of any such information may only occur as necessary to carry out the mission of the Office and as permitted by law.
(E)

Reporting mechanisms
(i)

In general
The Ombudsperson shall establish and maintain—
(I)
a public toll-free telephone number to receive complaints and reports of matters for investigation; and
(II)
a public email address to receive complaints, such reports, and requests for review of placement and sponsorship decisions.
(ii)

Availability
(I)

In general
The Ombudsperson shall ensure that such telephone number and email address—
- (aa)
are made available, and a telephone is accessible, to all children in immigration custody; and
- (bb)
are made available to prospective sponsors, sponsors, Flores settlement agreement class counsel, and legal services providers and child advocates who serve such noncitizen children.
(II)

Sponsorship applications
The Director shall provide such telephone number and email address to the prospective sponsor of each unaccompanied noncitizen child.
(iii)

Language access
(I)

In general
Such telephone number and email address shall be posted in public areas of each facility or placement in which 1 or more children in immigration custody are held, in multiple languages, including the top 20 preferred languages.
(II)

Additional languages
The Ombudsperson may require that such contact information be made available and posted in any additional language the Ombudsperson considers necessary based on the demographics of arriving noncitizen children.
(F)

Hearings
The Ombudsperson may hold public hearings as the Ombudsperson considers necessary.
(G)

Individual case assistance and review
(i)

In general
The Ombudsperson may offer individual case assistance for noncitizen children in immigration custody.
(ii)

Communication with others
In providing such individual case assistance, the Ombudsperson may speak with a noncitizen child’s prospective sponsor, family members, child advocate, legal counsel, case manager, case coordinator, and Office of Refugee Resettlement Federal field specialist staffing the noncitizen child’s case, as applicable.
(H)

Stakeholder meetings
(i)

Community stakeholders
Not less frequently than quarterly, the Ombudsperson shall invite community stakeholders, including attorneys who represent noncitizen children in immigration custody, to participate in a meeting.
(ii)

Data tracking personnel
Not less frequently than quarterly, the Ombudsperson shall invite personnel of the Department of Homeland Security and the Department of Health and Human Services who manage the data tracking systems described in section 602 to participate in a meeting for the purpose of informing the Ombudsperson with respect to the efficacy and responsiveness of the system with empirical data, analysis, and data needs.
(iii)

Additional meetings
The Ombudsperson may convene additional meetings at any time, as the Ombudsperson considers necessary.
(I)

Reporting
(i)

Annual public report
(I)

In general
Not less frequently than annually, the Ombudsperson shall issue a public report on the implementation of and compliance with this Act and the amendments made by this Act, by the Secretary and the Secretary of Homeland Security.
(II)

Elements
Each report under subclause (I) shall include the following:
- (aa)
For the preceding fiscal year, the accomplishments and challenges relating to such implementation and compliance.
- (bb)
A summary of complaints made and investigations carried out during the preceding fiscal year, including—
(AA)
the number of complaints and number and nature of other contacts;
(BB)
the number of complaints made, including the type and source;
(CC)
the number of investigations carried out;
(DD)
the trends and issues that arose in the course of investigating complaints; and
(EE)
the number of pending complaints.
- (cc)
For the preceding fiscal year, a summary of—
(AA)
each site visit conducted;
(BB)
any interview with a noncitizen child or facility staff;
(CC)
facility audits and corrective actions taken or recommended;
(DD)
appeals made to the Ombudsperson; and
(EE)
any other information the Ombudsperson considers relevant.
- (dd)
A detailed analysis of the data collected under section 602.
- (ee)
Recommendations—
(AA)
for improving implementation and compliance with this Act and the amendments made by this Act; and
(BB)
as to whether the Director should renew or cancel contracts with particular Office of Refugee Resettlement grantees.
- (ff)
A description of the priorities for the subsequent fiscal year.
(ii)

Report on training materials
The Ombudsperson shall issue a public report on the training materials developed by the Director under section 203(d)(4) that includes a description of any concerns the Ombudsperson has with respect to the materials.
(iii)

Additional reports
The Ombudsperson may issue additional reports at any time, including data analyses and findings, as the Ombudsperson considers necessary.
(J)

Information gathering
(i)

In general
The Ombudsperson may submit to the Director, the Director of U.S. Immigration and Customs Enforcement, and the juvenile coordinators of U.S. Customs and Border Protection requests for information with respect to the implementation of this Act.
(ii)

Response required
Not later than 30 days after the date on which a juvenile coordinator receives a request for information under clause (i), the juvenile coordinator shall submit a detailed response to the Ombudsperson, the Director, the Director of U.S. Immigration and Customs Enforcement, and the Commissioner of U.S. Customs and Border Protection.
(iii)

Cooperation required
The Secretary and the Secretary of Homeland Security shall—
(I)
cooperate with any request for information by the Ombudsperson; and
(II)
report to the Ombudsperson any policy or instruction issued to employees regarding the implementation of this Act.
(K)

Subpoena authority
(i)

In general
The Ombudsperson may—
(I)
issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and
(II)
compel by subpoena, at a specified time and place—
- (aa)
the appearance and sworn testimony of an individual who the Ombudsperson reasonably believes may be able to provide information relating to a matter under investigation; and
- (bb)
the production by an individual of a record of an object that the Ombudsperson reasonably believes may relate to a matter under investigation.
(ii)

Effect of failure to comply
In the case of an individual who fails to comply with a subpoena issued under this subparagraph, the Ombudsperson may commence a civil action in an appropriate court.
(L)

Additional duties
The Ombudsperson shall—
(i)
develop notices of rights, as described in sections 105(d)(5) and 202;
(ii)
review training materials, as described in section 203(d)(4);
(iii)
conduct reviews of decisions in placement review hearings, as described in section 226(b)(6);
(iv)
conduct reviews of decisions in sponsorship hearings, as described in section 232(b)(3)(H);
(v)
regularly review data collected under section 602; and
(vi)
track and monitor processing times and length of custody for noncitizen children in immigration custody.
(d)

Access
(1)

Facilities
(A)

In general
The Secretary and the Secretary of Homeland Security shall ensure unobstructed access by the Ombudsperson to any facility at which a noncitizen child is detained.
(B)

Information collection for site visits
For each site visit conducted by the Ombudsperson, facility staff shall provide a list of the unaccompanied noncitizen children housed in the facility, including their names, alien registration numbers, dates of birth, dates of apprehension, and the dates of facility placement—
(i)
in the case of an announced site visit, not less than 48 hours before the arrival of the Ombudsperson; and
(ii)
in the case of an unannounced site visit, on the arrival of the Ombudsperson.
(C)

Private and confidential space
A facility shall provide a private and confidential space in which the Ombudsperson may interview unaccompanied noncitizen children and staff.
(D)

Delegation
The Ombudsperson may designate 1 or more individuals from outside the Ombudperson’s office to conduct site visits and interview detained children.
(2)

Information
On request by the Ombudsperson, the Secretary shall ensure, not later than 48 hours after receipt of the request, unobstructed access by the Ombudsperson to—
(A)
the case files, records, reports, audits, documents, papers, recommendations, or any other pertinent information relating to the care and custody of a noncitizen child; and
(B)
the written policies and procedures of all childcare facilities.
(3)

Definition of unobstructed access
In this subsection, the term unobstructed access means—
(A)
with respect to a facility, the ability—
(i)
to enter the facility at any time, including unannounced, to observe and inspect all areas of the facility;
(ii)
to communicate privately and without restriction with any child, caregiver, facility staff, or volunteer; and
(iii)
to obtain, review, and reproduce any—
(I)
record of a child, staff member, or caregiver;
(II)
administrative record, policy, or document of any facility;
(III)
licensing record maintained by the applicable Federal or State agency; or
(IV)
record, including a confidential record, of a Federal or State agency or any contractor of a Federal or State agency, except sealed court records, production of which may only be compelled by subpoena; and
(B)
with respect to information, the ability to obtain requested information in a timely manner and with the full cooperation of the Secretary or the Secretary of Homeland Security, as applicable.
(e)

Confidentiality
(1)

Identity of complainants and witnesses
The Ombudsperson shall maintain confidentiality with respect to the identities of complainants or witnesses coming before the Office, except if such a disclosure is necessary—
(A)
to carry out the duties of the Ombudsperson; and
(B)
to support recommendations made in individual cases, annual reports, or other reports.
(2)

Records
In accordance with relevant Federal and State law, the Ombudsperson may not disclose a confidential record.
(3)

Testimony and deposition
The Ombudsperson and employees of the Office may not testify or be deposed in a judicial or administrative proceeding regarding matters that have come to their attention in the exercise of their official duties, except as the Ombudsperson considers necessary to enforce this Act or the amendments made by this Act.
(4)

Subpoena and discovery
The records of the Office, including notes, drafts, and records obtained from an individual, a provider, or an agency during intake, review, or investigation of a complaint, and any reports not released to the public are not subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as the Ombudsperson considers necessary to enforce this Act or the amendments made by this Act.
(f)

Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
602.

Data collection and reporting
(a)

Department of Homeland Security
(1)

In general
The Secretary of Homeland Security shall collect and maintain a record of each noncitizen child held in the custody of the Secretary of Homeland Security.
(2)

Frequency and submission of data collected
(A)

In general
Not less frequently than weekly, the Secretary of Homeland Security shall—
(i)
collect the information described in paragraph (3) from each district office and Border Patrol station; and
(ii)
submit such data to—
(I)
the Ombudsperson; and
(II)
the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives.
(3)

Information described
The information described in this paragraph is the following:
(A)

Individual data
For each noncitizen child in the custody of the Secretary of Homeland Security, the following:
(i)
Biographical information, including full name, date of birth, country of citizenship, preferred language, and alien number.
(ii)
The date the child was apprehended and placed in such custody.
(iii)
The date and the time the child was released or transferred from such custody and to whom the child was so released or transferred.
(iv)
For each accompanying family member of the child or other adult the child identifies as a previous caregiver, biographical and contact information.
(v)
An indication as to whether the child arrived in the company of a family member other than a parent or legal guardian, and in the case of a separation from that family member, a justification for the separation.
(B)

Aggregated data
(i)
The number of children in the custody of the Secretary of Homeland Security as of the last day of each calendar month, calculated to include all such children, disaggregated by—
(I)
facility; and
(II)
Border Patrol sector.
(ii)
The largest number of children concurrently held in such custody, calculated to include all such children, and the 1 or more dates on which such largest number occurred, disaggregated by—
(I)
facility; and
(II)
Border Patrol sector.
(iii)
The median and average number of hours in such custody for each such child, calculated to include all such children, disaggregated by—
(I)
facility; and
(II)
Border Patrol sector.
(4)

Publication
Not less frequently than monthly, the Secretary of Homeland Security shall publish on a publicly accessible internet website of the Department of Homeland Security the following:
(A)
The figures for the data collected under paragraph (3)(B)(i).
(B)
For the preceding calendar month, the figures for the data collected under clauses (ii) and (iii) of paragraph (3)(B).
(b)

Office of Refugee Resettlement
(1)

In general
To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall—
(A)
develop a systemic data collection system to collect and maintain relevant demographic information that is pertinent to serving—
(i)
the population of unaccompanied noncitizen children in the custody of the Secretary of Health and Human Services; and
(ii)
children who have been released from such custody with services pending;
(B)
not less than every 3 years, review the data collected, the categorization of such data, the information architecture for organizing and analyzing such data, any safety concern relating to the collection of such data, and the method for obtaining or collecting such data under such system;
(C)
(i)
as appropriate, revise such system to make improvements in service delivery to unaccompanied noncitizen children; and
(ii)
if such system is so revised, ensure the continuity of comparative data from periods before and after the revision; and
(D)
ensure the ongoing functioning and use of such system by the Office of Refugee Resettlement.
(2)

Frequency of data collected
Not less frequently than weekly, the Director shall—
(A)
collect from each childcare facility the information described in paragraph (3); and
(B)
maintain such information in the system described in paragraph (1)(A).
(3)

Information described
The information described in this paragraph is the following:
(A)

Individual data
For each unaccompanied noncitizen child in the custody of the Secretary of Homeland Security—
(i)
biographical information, including full name, date of birth, country of citizenship, preferred language, and alien number;
(ii)
the date the child was apprehended and placed in such custody of the Secretary of Homeland Security;
(iii)
the date the child was placed in the custody of the Secretary of Health and Human Services;
(iv)
the date on which the child was placed in a childcare facility, or transferred between childcare facilities, as applicable, and the name and location of each childcare facility;
(v)
in the case of a child placed in a residential treatment center, therapeutic childcare facility, staff-secure facility, or out-of-network facility, a justification for such placement;
(vi)
the status of the child’s family reunification process, including—
(I)
a record of the 1 or more case managers who have worked on the child’s case, including a description of the work performed;
(II)
in the case of a child who is released or discharged from the custody of the Secretary of Health and Human Services—
- (aa)
the date of release or discharge;
- (bb)
the name of the individual to whom the child was released, as applicable; and
- (cc)
the reason for release or discharge; and
(III)
in the case of a child removed from the United States, the date of removal and the country to which he or she was removed, regardless of whether a child was removed directly from the custody of the Secretary of Health and Human Services; and
(vii)
the number of occasions on which the operator of a childcare facility or an influx facility contacted law enforcement with respect to the child, as applicable, and the justification for each such contact.
(B)

Facility data
For each childcare facility or influx facility funded by the Department of Health and Human Services—
(i)
the median length of stay for unaccompanied noncitizen children placed at the facility;
(ii)
for children who have been released to sponsors, the median amount of time spent by such children in the custody of the Secretary of Health and Human Services before release;
(iii)
the utilization rate of the facility (excluding funded but unplaceable beds and calculated as the number of filled beds divided by the number of beds available for placement, expressed as a percentage);
(iv)
the percentage of unaccompanied noncitizen children transferred from the facility to any other facility, calculated on a rolling basis; and
(v)
the number and type of child abuse or neglect allegations against facility staff or against other children in the facility, and the number of such allegations substantiated.
(C)

National capacity data
(i)

In general
For all childcare facilities and influx facilities, in the aggregate—
(I)
the number of pending beds; and
(II)
the number of delivered beds, disaggregated by—
- (aa)
beds occupied by unaccompanied noncitizen children;
- (bb)
unoccupied beds available for potential use by unaccompanied noncitizen children; and
- (cc)
unavailable beds that are funded but cannot receive children.
(ii)

Definitions
In this subparagraph:
(I)

Delivered bed
The term delivered bed means a bed delivered to the Department of Health and Human Services for use by an unaccompanied noncitizen child.
(II)

Pending bed
The term pending bed means a bed—
- (aa)
to be provided to the Department of Health and Human Services for use by an unaccompanied noncitizen child that is funded by a grant, cooperative agreement, contract, or any other means; but
- (bb)
that is not yet a delivered bed.
(D)

Family reunification data
For all unaccompanied noncitizen children in the custody of the Secretary of Health and Human Services—
(i)
the median time-to-release, disaggregated by—
(I)
children released to parents or legal guardians;
(II)
children released to other sponsors;
(III)
children who have home studies mandated by section 235 of the Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232);
(IV)
children granted home studies through the discretion of the Director; and
(V)
all other children; and
(ii)
the number of children who have been in such custody for more than 90 days, disaggregated by—
(I)
children placed in therapeutic foster care;
(II)
children placed in long-term foster care; and
(III)
children in placements that are not therapeutic foster care or long-term foster care.
(E)

Comprehensive national data
(i)
The number and characteristics of children placed in and exiting the custody of the Secretary of Health and Human Services.
(ii)
The status of the unaccompanied noncitizen child population, including the number of such children in such custody, age cohorts of such children, length of placements, types of placements, location in-network or out-of-network, and goals for reunification by sponsor or placement type.
(iii)
The number and percentage of unaccompanied noncitizen children designated for and receiving any of the following:
(I)
Mandatory home studies.
(II)
Discretionary home studies.
(III)
Post-release services.
(iv)
The number and percentage of unaccompanied noncitizen children held in a facility funded by the Office of Refugee Resettlement with more than 25 other unaccompanied noncitizen children.
(v)
The number and percentage of unaccompanied noncitizen children with special needs or disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
(vi)
For each type of childcare facility and each influx facility—
(I)
the average national case manager-to-child ratio; and
(II)
the national utilization rate (excluding funded but unplaceable beds and calculated as the number of filled beds divided by the number of beds available for placement, expressed as a percentage).
(vii)
The number of such facilities alleged and found to be out of compliance with the facility standards under the Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.).
(viii)
The number and types of violations for sexual abuse and exploitation alleged and resolved with respect to unaccompanied noncitizen children while in the custody of the Secretary of Health and Human Services, counted and categorized in accordance with the Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.).
(ix)
The rate of compliance with subparagraphs (A) and (B) of section 231(a)(2).
(F)

Further population and general characteristics data
(i)

In general
(I)
The general status and characteristics of the population of unaccompanied noncitizen children and their family members.
(II)
The general quality and speed of the placement process, and information on post-placement outcomes.
(III)
Barriers to release for such children, including relevant cross-tabulations with other collected data.
(IV)
An identification of children who are vulnerable to or victims of human trafficking.
(V)
The general status and characteristics of facilities funded by the Office of Refugee Resettlement for the purpose of the care of unaccompanied noncitizen children.
(VI)
The rate of increase or decrease in childcare facility usage, such that cross-facility comparisons are useful or systemwide seasonal variations may be anticipated.
(VII)
Aggregate measures that allow comparison between facilities by size, placement type, and any other appropriate factor of number and type of child abuse or neglect allegations against staff or against other children.
(ii)

Collection standards
The Director shall develop and implement standards for the collection of the information described in clause (i).
(4)

Submission of data and information
Not less frequently than weekly, the Director shall submit, in a manner that corresponds with publication under paragraph (6), the information described in paragraph (3) for the preceding week to—
(A)
the Ombudsperson; and
(B)
the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives.
(5)

Additional requirements
(A)

Reliability and consistency of data collection system
The data collection system developed and implemented under paragraph (1) shall—
(i)
ensure that—
(I)
data collected is reliable and consistent over time and among jurisdictions through the use of uniform definitions and methodologies; and
(II)
publicly available data remains reliable and consistent over time, unless—
- (aa)
the removal of data from the public domain protects individuals or groups of individuals from harm or potential harm; or
- (bb)
a modification to a definition or methodology is necessary to allow the Office of Refugee Resettlement to serve unaccompanied noncitizen children better, individually or as a group; and
(ii)
for the information described in paragraph (3)(F), include metadata with respect to whether, and in what form, such information may be made available to the public, with the presumption that information shall be made available to the public—
(I)
in the least restricted form that protects individual privacy; and
(II)
on the same internet website used for publication under paragraph (6).
(B)

Incentives
The Director shall use appropriate requirements and incentives to ensure that the data collection system developed and implemented under paragraph (1) functions reliably throughout the United States.
(6)

Publication
(A)

Monthly report
(i)

In general
Not less frequently than monthly, the Director shall publish on a publicly accessible internet website of the Office of Refugee Resettlement the following:
(I)
As of the last day of the preceding calendar month, the figures for the data collected under subparagraphs (C), (D)(ii), and (E)(ii) of paragraph (3).
(II)
For each calendar month, the figures for the data collected under subparagraphs (D)(i), (E)(i), (E)(v), and (E)(vi) of paragraph (3).
(III)
If an influx facility, an emergency facility, or any other unlicensed facility is in operation to house noncitizen children, the figures for the data collected under paragraph (3)(E)(ix) and any other data required to ensure oversight and transparency under section 306.
(IV)
The data and measures described in paragraph (3)(F) for which new or continuing publication is—
- (aa)
in the public interest; or
- (bb)
required under paragraph (5)(A).
(V)
A description of any change between the information reported under subclauses (I) through (IV) for the reporting period and such information reported for the preceding reporting period.
(ii)

Aggregation of data
The information published under clause (i) shall be aggregated so as to facilitate uniform monthly reporting.
(B)

Annual report
(i)

In general
Not less frequently than annually, the Director shall publish on a publicly accessible internet website of the Office of Refugee Resettlement the following:
(I)
As of the last day of each fiscal year, the figures for the data collected under subparagraphs (E)(iii), (E)(v), (E)(vii), and (E)(viii) of paragraph (3).
(II)
The data and measures described in paragraph (3)(F) for which new or continuing publication is—
- (aa)
in the public interest; or
- (bb)
required under paragraph (5)(A).
(III)
A description of any change between the information reported under subclauses (I) and (II) for the reporting period and such information reported for the preceding reporting period.
(ii)

Aggregation of data
The information published under clause (i) shall be aggregated so as to facilitate uniform annual reporting.
(c)

Ombudsperson review of data
The Secretary of Health and Human Services and the Secretary of Homeland Security shall—
(1)
ensure that the Ombudsperson—
(A)
has access to all real-time data regarding noncitizen children in immigration custody; and
(B)
is able to independently and regularly review data collected by the Department of Health and Human Services and Department of Homeland Security with respect to such children;
(2)
respond in a timely manner to inquiries from the Ombudsperson with respect to such data; and
(3)
promptly take any necessary corrective action with respect to the accuracy and integrity of such data.
603.

Enforcement
(a)

Audits
(1)

In general
Not less frequently than annually, the Director shall conduct an audit of each childcare facility, which shall include a site visit—
(A)
to assess compliance of the childcare facility with the requirements of this Act; and
(B)
to determine whether the operator of the childcare facility continues to be a State-licensed program.
(2)

Report to Ombudsperson
Not later than 7 days after the date on which the Director completes an audit under subsection (a), the Director shall submit to the Ombudsperson a report on the audit, including a description of any corrective action required to bring the childcare facility into compliance.
(b)

Violations
(1)

Notification
With respect to a childcare facility found to be in violation of this Act, the Director shall provide the State-licensed program concerned with a written notification of each deficiency.
(2)

Appeal
(A)

In general
A State-licensed program shall have the opportunity to administratively appeal a finding of deficiency in a childcare facility operated by the State-licensed program.
(B)

No new referrals
During the pendency of an appeal under subparagraph (A), the childcare facility may not receive new placements of unaccompanied noncitizen children.
(3)

Debarment
Consistent with the Federal Acquisition Regulation, any operator of a childcare facility that fails to maintain an appropriate State license or meet the standards set forth in this Act shall be debarred or suspended from contracting with the Secretary for not less than 3 years.
(c)

Civil action
(1)

In general
An unaccompanied noncitizen child or the parent, legal guardian, or prospective sponsor of such a child alleging noncompliance by a State-licensed program with the standards and procedures set forth in this Act for childcare facilities may commence a cause of action in a district court of the United States that has venue over the matter.
(2)

Venue
Venue for an action under paragraph (1) may be found in—
(A)
the district in which the original childcare facility in which the unaccompanied noncitizen child concerned was placed is located; or
(B)
the district in which the childcare facility to which the unaccompanied noncitizen child was transferred is located.
(d)

Limited review
Review under this section shall be limited to entering an order solely affecting the individual claims of the unaccompanied noncitizen child or the parent, legal guardian, or prospective sponsor seeking such review.
(e)

Interference with Ombudsperson
An employee of a Federal or State agency, a contractor of a Federal or State agency, or a care provider who intentionally prevents, interferes with, or attempts to impede the work of the Ombudsperson shall be subject to a civil penalty, which shall be not more than $2,500 for each violation.
(f)

Breach of duty of care
If the Ombudsperson has reason to believe that an employee of a Federal or State agency or a contractor of a Federal or State agency has, in the conduct of official duties, breached the duty of care or engaged in misconduct, the Ombudsperson shall refer the matter to the head of such Federal or State agency, a grand jury, or other appropriate official or agency.
(g)

Criminal penalty for discrimination or retaliation
A violation of section 604 or any provision of title VII shall be a misdemeanor.
604.

Protection from retaliation
(a)

In general
The Director may not—
(1)
take an adverse action against an Office of Refugee Resettlement-funded legal services provider, child advocate program, or any other entity based on the legal services provider, child advocate program, or other entity having pursued judicial review or a civil action under this Act, or any civil action in a State court, on behalf of an unaccompanied noncitizen child or the parent, legal guardian, or prospective sponsor of such a child; or
(2)
discourage, interfere in, or withdraw funds from any Office of Refugee Resettlement-funded legal services provider, child advocate program, or any other entity that—
(A)
pursues judicial review or a civil action under this Act, or any civil action in State court, to challenge the conditions of such a child's custody or the denial of release from custody; or
(B)
assists such a child or the parent, legal guardian, or prospective sponsor of such a child to so challenge.
(b)

Protection for individuals filing complaints with Ombudsperson
An employee of a Federal or State agency, a contractor for a Federal or State agency, or a care provider shall not retaliate against any individual for having filed a complaint with, or provided information to, the Ombudsperson.
(c)

Protections for noncitizen children reporting discrimination
Noncitizen children in immigration custody may not be retaliated against for reporting discrimination, filing a charge of discrimination, or participating in a discrimination investigation or lawsuit.
605.

Mandatory access to detention facilities for Members of Congress
(a)

In general
Subject to subsection (c), the Secretary concerned shall allow a Member of Congress to tour any facility in which 1 or more detained individuals are housed, including unaccompanied noncitizen children, at a time between 8:00 a.m. and 7:00 p.m. on a date requested by the Member of Congress if, not later than 24 hours before the date requested in the case of a Department of Homeland Security facility, or not later than 2 business days before the date requested in the case of a Department of Health and Human Services facility, the Secretary concerned receives written notice from the Member of Congress that includes—
(1)
the name of the facility; and
(2)
the date on which the Member of Congress intends to tour the facility.
(b)

Accompanying members of the press
(1)

In general
Subject to paragraph (2), the Secretary concerned shall allow 1 or more members of the press to accompany a Member of Congress on a tour of a facility under this section.
(2)

Limitations
(A)

Still or video cameras
The Secretary concerned shall not be required to allow a member of the press to enter a facility under paragraph (1) with a still or video camera.
(B)

Personally identifying information
As a condition of entering a facility under paragraph (1), a member of the press shall agree not to release any personally identifying information of a staff member of the facility or a child housed at the facility without the express authorization of such staff member or child.
(c)

Limitation
The Secretary concerned may limit a tour under subsection (a) to—
(1)
in the case of a facility that houses not more than 50 unaccompanied noncitizen children—
(A)
not more than 5 Members of Congress; and
(B)
accompanying members of the press under subsection (b); and
(2)
in the case of a facility that houses more than 50 detained individuals, including unaccompanied noncitizen children—
(A)
not more than 10 Members of Congress; and
(B)
accompanying members of the press under subsection (b).
(d)

Definition of Secretary concerned
In this section, the term Secretary concerned means, as applicable—
(1)
the Secretary of Homeland Security; or
(2)
the Secretary of Health and Human Services.
VII

Nondiscrimination
701.

Fair and equal treatment
(a)

In general
All noncitizen children in immigration custody shall be treated fairly and equally and provided with inclusive, safe, and nondiscriminatory services.
(b)

Freedom from discrimination
(1)

In general
Noncitizen children in immigration custody shall have the right to be free from discrimination and harassment on the basis of actual or perceived characteristics relating to race, ethnic group identification, ancestry, national origin, color, religion, sex (including sexual orientation, gender identity, and expression), language, mental or physical disability, or HIV status.
(2)

Provision of services
Services provided to noncitizen children under this Act shall be delivered in a manner that is sensitive to the age, culture, native language, and complex needs of each noncitizen child.
(c)

Rule of construction
Nothing in this title shall be construed to diminish any protection under any other Federal or State anti-discrimination law.
702.

Responsibilities of care providers
(a)

In general
During the entire period in which a noncitizen child is held in immigration custody, the child's care providers shall ensure that the child—
(1)
is treated and served fairly and equally;
(2)
is treated with dignity and respect;
(3)
is cared for in an inclusive and respectful environment; and
(4)
is not subject to discrimination or harassed based on actual or perceived characteristics.
(b)

Special considerations
During the entire period in which a noncitizen child is held in immigration custody, the child's care providers—
(1)
in the case of an noncitizen indigenous child, in partnership with the noncitizen indigenous child and, to the extent practicable, the parents, extended family, and members of the cultural community of the child, shall make active efforts to maintain the child's connections to culture, tradition, and prevailing indigenous lifeways, including through culturally appropriate programs and services;
(2)
shall maintain privacy and confidentiality of information relating to the child's sexual orientation and gender identity;
(3)
shall use the child's correct names and pronouns corresponding to the child’s gender identity;
(4)
in the case of an LGBTQI child—
(A)
shall—
(i)
ensure that the child is housed according to an assessment of the child's gender identity and housing preference, health and safety needs, and State and local licensing standards;
(ii)
offer an individualized assessment to determine whether additional or alternate restroom accommodations should be provided;
(iii)
allow the child to dress and express themselves according to their gender identity;
(iv)
allow the child to choose the gender of staff that will conduct a pat-down search if such a search is necessary; and
(v)
consider the child’s gender self-identification and the effects of a housing assignment on the child’s health and safety; and
(B)
shall not—
(i)
label the child as a likely abuser or punish the child for the child's sexual orientation, gender identity, or gender expression; or
(ii)
isolate or involuntarily segregate the noncitizen child solely because of the child's sexual orientation, gender identity, or gender expression.
VIII

Information sharing and data protection
801.

Separation of records
The Director shall ensure that—
(1)
all unaccompanied noncitizen children's personal information and Office of Refugee Resettlement case files and records are maintained separately and apart from such children's immigration files (commonly known as “A-Files”); and
(2)
such case files and records are not accessible by the Department of Homeland Security.
802.

Prohibition on use for denial of relief or in removal proceedings
An unaccompanied noncitizen child's Office of Refugee Resettlement case file or record shall not be used by the Secretary of Homeland Security or the Attorney General—
(1)
to deny any application for relief; or
(2)
to facilitate involuntary removal in any proceeding, including expedited removal, reinstatement of removal, and proceedings under section 362 or 365 of the Public Health Service Act (42 U.S.C. 265, 268).
803.

Disclosure
(a)

Informed consent required
(1)

In general
The personal information and Office of Refugee Resettlement case file and records of an unaccompanied noncitizen child—
(A)
shall be confidential; and
(B)
subject to paragraph (2), may only be disclosed if the child has—
(i)
consulted with the child's legal counsel; and
(ii)
provided informed consent for disclosure.
(2)

Children under 12 years of age
In the case of an unaccompanied noncitizen child under the age of 12 years, only the parent, legal guardian, or sponsor may provide consent for disclosure of the personal information or Office of Refugee Resettlement case file of the child.
(3)

Subsequent disclosure prohibited
Once disclosed, the personal information or Office of Refugee Resettlement case file of an unaccompanied noncitizen child may not be subsequently disclosed to a third party unless the child has—
(A)
consulted with his or her legal counsel; and
(B)
provided informed consent for disclosure.
804.

Prohibition on information sharing
(a)

Child in custody and prospective sponsors
The Director may not provide any information about an unaccompanied noncitizen child in the custody of the Secretary, or prospective sponsors, to the Attorney General or the Secretary of Homeland Security without consent of the unaccompanied noncitizen child concerned or the prospective sponsor, as applicable, and the legal counsel of the child or sponsor, respectively.
(b)

Immigration enforcement
(1)

In general
The sharing of any information between the Office of Refugee Resettlement and the Department of Homeland Security for purposes of immigration enforcement is prohibited.
(2)

Explanation for prospective sponsors
The Director shall ensure that Office of Refugee Resettlement communications with sponsors and prospective sponsors, including the family reunification application packet, includes an explanation that information provided to the Office of Refugee Resettlement may only be shared with the Department of Homeland Security if the child and sponsor or prospective sponsor concerned have provided informed consent.
(c)

Relief from removal
The sharing of any information between the Office of Refugee Resettlement and the Department of Homeland Security or the Department of Justice for purposes of relief from removal is prohibited.
(d)

Exceptions
(1)

In general
The Secretary may provide for the disclosure of information in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under section 8 of title 13, United States Code.
(2)

National security purposes
The Secretary may provide for the disclosure of information to national security officials to be used solely for a national security purpose in a manner that protects the confidentiality of such information.
(3)

Law enforcement purposes
The Secretary may provide for the disclosure of information to law enforcement officials to be used solely for a legitimate law enforcement purpose in a manner that protects the confidentiality of such information.
(4)

Eligibility for benefits
The Secretary may disclose information to Federal, State, and local public and private agencies providing benefits, to be used solely in making determinations of eligibility for benefits pursuant to section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641).
(5)

Adjudication of applications for relief
Government entities adjudicating applications for relief under the immigration laws and government personnel carrying out mandated duties under section 101(i)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(i)(1)), may, with the prior written consent of the noncitizen involved, communicate with nonprofit, nongovernmental victims’ service providers for the sole purpose of assisting victims in obtaining victim services from programs with expertise in working with immigrant victims. Agencies receiving referrals are bound by the provisions of this section. Nothing in this paragraph shall be construed as affecting the ability of an applicant to designate a safe organization through which Governmental agencies may communicate with the applicant.
(e)

Rule of construction
Subsections (a), (b), and (c) shall not be construed as preventing—
(1)
disclosure of information in connection with judicial review of a determination in a manner that protects the confidentiality of such information; or
(2)
the Secretary from disclosing to the chair and ranking members of the Committee on the Judiciary of the Senate or the Committee on the Judiciary of the House of Representatives, for the exercise of congressional oversight authority, information on closed cases under this section in a manner that protects the confidentiality of such information and that omits personally identifying information (including locational information about individuals).
805.

Counseling records
(a)

In general
Subject to subsection (b), information shared by an unaccompanied noncitizen child in counseling sessions, and written records and notes of counseling sessions, may not be shared with the child’s case management specialist or any other employee of the Office of Refugee Resettlement, the Department of Health and Human Services, the Department of Justice, or the Department of Homeland Security.
(b)

Disclosure
The information, records, and notes described in subsection (a) may be shared—
(1)
with an employee described in that subsection only if the child presents a documented imminent threat to himself or herself or to any other individual; or
(2)
with the Department of Justice or the Department of Homeland Security if the child has—
(A)
consulted with his or her legal counsel; and
(B)
provides informed consent for the disclosure.
(c)

Juvenile information
(1)

In general
Juvenile information, including records of children separated from family, shall remain confidential regardless of the child's immigration status.
(2)

Rule of construction
Nothing in this Act may be construed as authorizing—
(A)
the disclosure of juvenile information to Federal officials absent a court order of the judge of the juvenile court on filing a petition;
(B)
the dissemination of juvenile information to, or by, Federal officials absent a court order of the judge of the juvenile court on filing a petition;
(C)
the attachment of juvenile information to any other document given to, or provided by, Federal officials absent prior approval of the presiding judge of the juvenile court; or
(D)
any disclosure that would otherwise violate this Act.
(3)

Definition of juvenile information
In this section, the term juvenile information includes the juvenile case file and information related to a noncitizen child (including the name, date, and place of birth of the child, the child's health and education records, and the immigration status of the child) that is—
(A)
obtained or created independent of, or in connection with, immigration, asylum, or juvenile court proceedings of which the child is a subject; and
(B)
maintained by any Federal or State agency, including a court, probation office, child welfare agency, or law enforcement agency.
806.

Data protection for sponsors
(a)

In general
With respect to any information required of sponsors or prospective sponsors or any data collected in pursuit of sponsorship, the following protections shall apply:
(1)
Such information and data—
(A)
may not be disclosed for any purpose or effect other than reunification of the family unit, placement of a child with a sponsor, or oversight by Congress;
(B)
shall be immune from legal process; and
(C)
shall not, without the consent of the sponsor or prospective sponsor concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding.
(2)
The Secretary or any other officer or employee of the Department of Health and Human Services may not—
(A)
use such information or data for any purpose other than for purposes of reunification under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232);
(B)
make any publication in which such information or data can be identified; or
(C)
permit any individual other than the sworn officers and employees of the Department of Health and Human Services to examine such information or data.
IX

Miscellaneous provision
901.

Rule of construction
Nothing in this Act may be construed—
(1)
to limit the rights of a noncitizen child—
(A)
to preserve 1 or more issues for judicial review in the appeal of an individual case; or
(B)
to exercise any independent right the noncitizen child may otherwise have;
(2)
to affect the application of the Flores settlement agreement to all children in immigration custody;
(3)
to abrogate, modify, or replace the Flores settlement agreement; or
(4)
to preclude or limit Flores settlement agreement class counsel from conducting independent investigations or seeking enforcement actions relating to violations of the Flores settlement agreement in any appropriate district court of the United States.