Help Separated Families Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3452 To amend part E of title IV of the Social Security Act to ensure that immigration status alone does not disqualify a parent, legal guardian, or relative from being a placement for a foster child, to authorize discre- tion to a State, county, or other political subdivision of a State to delay filing for termination of parental rights in foster care cases in which an otherwise fit and willing parent or legal guardian has been deported or is involved in (including detention pursuant to) an immigra- tion proceeding, unless certain conditions have been met, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 24, 2019 Ms. ROYBAL-ALLARD (for herself, Mrs. TORRES of California, Ms. VELA´ZQUEZ, Ms. TITUS, and Mr. ESPAILLAT) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend part E of title IV of the Social Security Act to ensure that immigration status alone does not dis- qualify a parent, legal guardian, or relative from being a placement for a foster child, to authorize discretion to a State, county, or other political subdivision of a State to delay filing for termination of parental rights in foster care cases in which an otherwise fit and willing parent or legal guardian has been deported or is involved in (including detention pursuant to) an immigration pro- ceeding, unless certain conditions have been met, and for other purposes. VerDate Sep 11 2014 02:27 Jun 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3452.IH H3452 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3452 IH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Help Separated Fami- 4 lies Act of 2019’’. 5 SEC. 2. IMMIGRATION STATUS ALONE NOT A DISQUALI- 6 FICATION FROM BEING A PLACEMENT FOR A 7 FOSTER CHILD. 8 Section 471(a)(19) of the Social Security Act (42 9 U.S.C. 671(a)(19)) is amended— 10 (1) by striking ‘‘(19) provides that the State’’ 11 and inserting the following: 12 ‘‘(19) provides that— 13 ‘‘(A) the State’’; 14 (2) by adding at the end the following: ‘‘and’’; 15 and 16 (3) by adding after and below the end the fol- 17 lowing: 18 ‘‘(B) such standards shall ensure that the 19 immigration status alone of a parent, legal 20 guardian, or relative shall not disqualify the 21 parent, legal guardian, or relative from being a 22 placement for a child;’’. 23 VerDate Sep 11 2014 02:27 Jun 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3452.IH H3452 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3452 IH SEC. 3. STATE PLAN REQUIREMENT TO ACCEPT CERTAIN 1 DOCUMENTS ISSUED BY FOREIGN ENTITIES 2 AS SUFFICIENT IDENTIFICATION FOR PUR- 3 POSES OF INITIATING A CRIMINAL RECORDS 4 CHECK OR A FINGERPRINT-BASED CHECK. 5 Section 471(a)(20) of the Social Security Act (42 6 U.S.C. 671(a)(20)) is amended— 7 (1) in subparagraph (A), by inserting ‘‘which 8 procedures shall require the State (including the 9 State agency, the child welfare agency of any county 10 or other political subdivision of the State, and case- 11 workers and supervisors of any such agency) to ac- 12 cept a foreign consulate identification card or a for- 13 eign passport as sufficient identification for purposes 14 of initiating a criminal records check or a finger- 15 print-based check,’’ before ‘‘including procedures’’; 16 and 17 (2) in subparagraph (C), by inserting ‘‘, which 18 procedures shall require the State (including the 19 State agency, the child welfare agency of any county 20 or other political subdivision of the State, and case- 21 workers and supervisors of any such agency) to ac- 22 cept a foreign consulate identification card or a for- 23 eign passport as sufficient identification for purposes 24 of initiating a criminal records check or a finger- 25 print-based check’’ before the semicolon. 26 VerDate Sep 11 2014 02:27 Jun 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3452.IH H3452 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3452 IH SEC. 4. STATE PLAN REQUIREMENT TO NOTIFY RELATIVES 1 SEEKING PLACEMENT OF A CHILD THAT 2 THEIR IMMIGRATION STATUS WILL NOT BE 3 QUESTIONED. 4 Section 471(a)(29) of the Social Security Act (42 5 U.S.C. 671(a)(29)) is amended— 6 (1) by striking ‘‘and’’ at the end of subpara- 7 graph (C); 8 (2) by adding ‘‘and’’ at the end of subpara- 9 graph (D); and 10 (3) by adding at the end the following: 11 ‘‘(E) the immigration status of any such 12 relative seeking placement of the child with the 13 relative shall not be questioned, except to the 14 extent necessary in determining eligibility for 15 relevant services or programs;’’. 16 SEC. 5. AUTHORIZE STATE DISCRETION TO DELAY FILING 17 FOR TERMINATION OF PARENTAL RIGHTS IN 18 FOSTER CARE CASES IN WHICH OTHERWISE 19 FIT AND WILLING PARENT OR LEGAL GUARD- 20 IAN HAS BEEN REMOVED OR IS INVOLVED IN 21 AN IMMIGRATION PROCEEDING, UNLESS 22 CERTAIN CONDITIONS HAVE BEEN MET. 23 Section 475(5)(E)(ii) of the Social Security Act (42 24 U.S.C. 675(5)(E)(ii)) is amended by striking ‘‘; or’’ and 25 inserting the following: ‘‘and a compelling reason in sec- 26 VerDate Sep 11 2014 02:27 Jun 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3452.IH H3452 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3452 IH tion 475(5)(E) for the State to not file (or join in the 1 filing of such a petition) shall include the removal of the 2 parent from the United States or the involvement of the 3 parent in (including detention pursuant to) an immigra- 4 tion proceeding, unless the parent is unfit or unwilling to 5 be a parent of the child. Before a State may file to termi- 6 nate the parental rights under such section 475(5)(E), the 7 State (or the county or other political subdivision of the 8 State, as the case may be) shall make reasonable efforts— 9 ‘‘(I) to identify, locate, and con- 10 tact (including, if appropriate, 11 through the diplomatic or consular of- 12 fices of the country to which the par- 13 ent was removed or a parent or rel- 14 ative resides) any parent of the child, 15 who has been removed from the 16 United States, and where possible, 17 any potential adult relative of the 18 child (as described in section 19 471(a)(29)); 20 ‘‘(II) to notify such a parent or 21 legal guardian of the intent of the 22 State (or the county or other political 23 subdivision of the State, as applicable) 24 VerDate Sep 11 2014 02:27 Jun 29, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3452.IH H3452 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 3452 IH to file (or join in the filing of) such a 1 petition; 2 ‘‘(III) to reunify the child with 3 any such parent or legal guardian; 4 and 5 ‘‘(IV) provide and document ap- 6 propriate services to the parent or 7 legal guardian; or’’. 8 SEC. 6. CHILD WELFARE SERVICES FOR CHILDREN SEPA- 9 RATED FROM PARENTS DETAINED OR RE- 10 MOVED FROM THE UNITED STATES FOR IM- 11 MIGRATION VIOLATIONS. 12 (a) STATE PLAN REQUIREMENTS.—Section 471(a) 13 of the Social Security Act (42 U.S.C. 671(a)) is amend- 14 ed— 15 (1) by striking ‘‘and’’ at the end of paragraph 16 (34); 17 (2) by striking the period at the end of para- 18 graph (35) and inserting ‘‘; and’’; and 19 (3) by adding at the end the following: 20 ‘‘(36) provides that the State shall— 21 ‘‘(A) ensure that the case manager for a 22 separated child is capable of communicating in 23 the native language of such child and of the 24 family of such child, or an interpreter who is so 25 VerDate Sep 11 2014 02:27 Jun 29, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3452.IH H3452 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 3452 IH capable is provided to communicate with such 1 child and the family of such child at no cost to 2 the child or the family of such child; 3 ‘‘(B) coordinate with the Department of 4 Homeland Security to make every effort to en- 5 sure that parents who wish for their child to ac- 6 company them to their country of origin are 7 given adequate time and assistance to obtain a 8 passport and visa, and to collect all relevant 9 vital documents such as birth certificate, health, 10 and educational records, and other information; 11 ‘‘(C) preserve, to the greatest extent pos- 12 sible, the privacy and confidentiality of all infor- 13 mation gathered in the course of administering 14 the care, custody, and placement of, and follow- 15 up services provided to, a separated child, con- 16 sistent with the best interest of such child, by 17 not disclosing such information to other govern- 18 ment agencies or persons (other than a parent, 19 legal guardian, or relative caregiver of such 20 child), except that the head of the State agency 21 (or the county or other political subdivision of 22 the State, as applicable) may disclose such in- 23 formation, after placing a written record of the 24 disclosure in the file of the child— 25 VerDate Sep 11 2014 02:27 Jun 29, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3452.IH H3452 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 3452 IH ‘‘(i) to a consular official for the pur- 1 pose of reunification of a child with a par- 2 ent, legal guardian, or relative caregiver 3 who has been removed or is involved in an 4 immigration proceeding, unless the child, 5 or their parent, legal guardian, or relative 6 has refused contact with, or the sharing of 7 personal or identifying information with, 8 the government of their country of origin; 9 or 10 ‘‘(ii) when authorized to do so by the 11 child (if the child has attained 18 years of 12 age) if the disclosure is consistent with the 13 best interest of the child; and 14 ‘‘(D) not less frequently than annually, 15 compile, update, and publish a list of entities in 16 the State that are qualified to provide legal rep- 17 resentation services for a separated child, in a 18 language such that a child can read and under- 19 stand.’’. 20 (b) ADDITIONAL INFORMATION TO BE INCLUDED IN 21 CASE PLAN.—Section 475(1) of such Act (42 U.S.C. 22 675(1)) is amended by adding at the end the following: 23 ‘‘(H) In the case of a separated child with 24 respect to whom the State plan requires the 25 VerDate Sep 11 2014 02:27 Jun 29, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3452.IH H3452 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 3452 IH State to provide services pursuant to section 1 471(a)(36)— 2 ‘‘(i) the location of the parent or legal 3 guardian referred to in paragraph (13)(A) 4 of this subsection from whom the child has 5 been separated; and 6 ‘‘(ii) a written record of each disclo- 7 sure to a government agency or person 8 (other than such a parent or legal guard- 9 ian) of information gathered in the course 10 of tracking the care, custody, and place- 11 ment of, and follow-up services provided to, 12 the child.’’. 13 (c) SEPARATED CHILD DEFINED.—Section 475 of 14 such Act (42 U.S.C. 675) is amended by adding at the 15 end the following: 16 ‘‘(13) The term ‘separated child’ means an indi- 17 vidual who— 18 ‘‘(A) has a parent or legal guardian who 19 has been detained by a Federal, State, or local 20 law enforcement agency in the enforcement of 21 an immigration law, or removed from the 22 United States as a result of a violation of such 23 a law; and 24 VerDate Sep 11 2014 02:27 Jun 29, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3452.IH H3452 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 3452 IH ‘‘(B) is in the care or supervision of a 1 State.’’. 2 (d) EFFECTIVE DATE.—The amendments made by 3 this section shall take effect on the first day of the first 4 calendar quarter that begins after the 1-year period that 5 begins with the date of the enactment of this Act. 6 SEC. 7. EFFECTIVE DATE. 7 (a) IN GENERAL.—Except as otherwise provided in 8 this Act, the amendments made by this Act shall take ef- 9 fect on the first day of the first fiscal year beginning on 10 or after the date of the enactment of this Act, and shall 11 apply to payments under part E of title IV of the Social 12 Security Act for calendar quarters beginning on or after 13 such date. 14 (b) DELAY PERMITTED IF STATE LEGISLATION RE- 15 QUIRED.—If the Secretary of Health and Human Services 16 determines that State legislation (other than legislation 17 appropriating funds) is required in order for a State plan 18 approved under part E of title IV of the Social Security 19 Act to meet the additional requirements imposed by the 20 amendments made by this Act, the plan shall not be re- 21 garded as failing to meet any of the additional require- 22 ments before the first day of the first calendar quarter 23 beginning after the first regular session of the State legis- 24 lature that begins after the date of the enactment of this 25 VerDate Sep 11 2014 02:27 Jun 29, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3452.IH H3452 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 3452 IH Act. For purposes of the preceding sentence, if the State 1 has a 2-year legislative session, each year of the session 2 is deemed to be a separate regular session of the State 3 legislature. 4 Æ VerDate Sep 11 2014 02:27 Jun 29, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H3452.IH H3452 pamtmann on DSKBFK8HB2PROD with BILLS