Foster Children Opportunity Act - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require state plans for foster care and adoption assistance to have procedures to assist alien children in the child welfare system achieve special immigrant juvenile status and lawful permanent resident status before exiting foster care.
Requires case plans to include documentation of the steps the state child welfare agency is taking in assisting children obtain lawful immigrant status before exiting foster care.
Requires a permanency hearing to determine whether a petition for special immigrant juvenile status or lawful permanent resident status has been filed on behalf of an alien foster child and, if it has not been filed, whether it is in the child's best interest to have such a petition filed or to have immigration counsel appointed.
Authorizes the use of court improvement program grant funds to educate and train child welfare and court staff to assist alien children in achieving special immigrant juvenile status, lawful permanent resident status, and other forms of relief under immigration law.
Requires the Secretary of Health and Human Services (HHS), on the request of a child welfare agency, to provide technical assistance in carrying out this Act. Authorizes the Secretary to award grants to and contract with qualified non-profit or other community-based service providers to perform the assistance.
Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make an exception to the five-year limited eligibility of qualified aliens for federal means-tested public benefits for individuals who have obtained special immigrant juvenile status.
Makes a similar exception for such individuals with respect to the limited eligibility of qualified aliens for certain Federal programs.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2036 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2036
To amend part E of title IV of the Social Security Act to require
States to help alien children in the child welfare system apply for all
available forms of immigration relief, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 16, 2013
Mr. O'Rourke (for himself, Ms. Bass, Mr. Lewis, Ms. Roybal-Allard, Ms.
Slaughter, and Mr. Grijalva) introduced the following bill; which was
referred to the Committee on Ways and Means, and in addition to the
Committee on Agriculture, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend part E of title IV of the Social Security Act to require
States to help alien children in the child welfare system apply for all
available forms of immigration relief, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foster Children Opportunity Act''.
SEC. 2. STATE PLAN REQUIREMENT TO HAVE PROCEDURES TO HELP ALIEN
CHILDREN IN THE CHILD WELFARE SYSTEM ACHIEVE SPECIAL
IMMIGRANT JUVENILE STATUS AND LAWFUL PERMANENT RESIDENT
STATUS.
Section 471(a)(27) of the Social Security Act (42 U.S.C.
671(a)(27)) is amended by inserting ``, and if the child is an alien
without a lawful immigration status, for reviewing the child's
eligibility for special immigrant juvenile status, lawful permanent
resident status, and other forms of relief under immigration law,
within 1 year after the status of the child is first reviewed pursuant
to section 475(5)(B), and annually thereafter, and for assisting the
child in applying for special immigrant juvenile status, lawful
permanent resident status, and other forms of relief under immigration
law, so that the child can reasonably be expected to achieve such
relief before exiting foster care, if doing so would be in the best
interests of the child'' before the period.
SEC. 3. REQUIREMENT THAT STATE CHILD WELFARE AGENCIES DOCUMENT THEIR
EFFORTS TO PURSUE LAWFUL IMMIGRANT STATUS FOR ELIGIBLE
ALIEN FOSTER CHILDREN.
Section 475(1) of the Social Security Act (42 U.S.C. 675(1)) is
amended by adding at the end the following:
``(H) In the case of an alien child who, after a
review conducted pursuant to section 471(a)(27), is
determined to be a child who may qualify for special
immigrant juvenile status, lawful permanent resident
status, or other forms of relief under immigration law,
documentation of the steps the agency is taking in
assisting the child to obtain the status before exiting
foster care, including whether the requisite petitions
have been filed on behalf of the child, and whether
assistance has been provided to secure immigration
legal counsel for the child.''.
SEC. 4. REQUIRMENT TO DETERMINE WHETHER FILING PETITIONS FOR SPECIAL
IMMIGRANT JUVENILE STATUS AND LAWFUL PERMANENT RESIDENT
STATUS FOR ALIEN FOSTER CHILDREN IS IN THE CHILD'S BEST
INTEREST IN APPROPRIATE CASES.
Section 475(5)(C)(i) of the Social Security Act (42 U.S.C.
675(5)(C)(i)) is amended by inserting ``, and, in the case of an alien
child without lawful immigration status, the hearing shall determine
whether a petition for special immigrant juvenile status or lawful
permanent resident status has been filed on behalf of the child and, if
such a petition has not been so filed, whether it is in the best
interests of the child, including consideration of the potential
effects on family reunification efforts, to have such a petition so
filed or to have immigration counsel appointed'' before the semicolon
at the end.
SEC. 5. AUTHORITY TO USE COURT IMPROVEMENT PROGRAM GRANT FUNDS TO
EDUCATE AND TRAIN CHILD WELFARE AND COURT STAFF,
INCLUDING JUDGES, SOCIAL WORKERS, COURT-APPOINTED SPECIAL
ADVOCATES, AND LAWYERS TO ASSIST ALIEN CHILDREN IN
ACHIEVING SPECIAL IMMIGRANT JUVENILE STATUS, LAWFUL
PERMANENT RESIDENT STATUS, AND OTHER FORMS OF RELIEF
UNDER IMMIGRATION LAW.
Section 438(a)(2) of the Social Security Act (42 U.S.C. 629h(a)(2))
is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by adding ``and'' at the end of subparagraph (C); and
(3) by adding at the end the following:
``(D) to educate and train child welfare and court
staff, including judges, social workers, court-
appointed special advocates, and attorneys to assist
alien children in achieving special immigrant juvenile
status, lawful permanent resident status, and other
forms of relief under immigration law in a timely
manner;''.
SEC. 6. TECHNICAL ASSISTANCE FOR CHILD WELFARE AGENCIES.
On request of a State child welfare agency for technical assistance
in carrying out the amendments made by this Act, the Secretary of
Health and Human Services, in consultation with the Secretary of
Homeland Security and the Secretary of State, shall provide the
assistance, and may award grants to and enter into contracts with
qualified non-profit or other community-based service providers with
substantive expertise to perform the assistance.
SEC. 7. ELIGIBILITY FOR ASSISTANCE.
(a) Public Benefits.--
(1) Federal means-tested public benefits.--Section 403(b)
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by
adding at the end the following:
``(3) Exception for individuals who have obtained special
immigrant juvenile status.--An alien who is granted special
immigrant juvenile status under section 101(a)(27)(J) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)).''.
(2) Other federal programs.--Section 402 of such Act (8
U.S.C. 1612) is amended--
(A) in subsection (a)(2), by adding at the end the
following:
``(N) Exception for individuals who have obtained
special immigrant juvenile status.--With respect to
eligibility for benefits for the specified Federal
programs described in paragraph (3), paragraph (1)
shall not apply to any alien who is granted 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
(B) in subsection (b)(2), by adding at the end the
following:
``(G) Exception for individuals who have obtained
special immigrant juvenile status.--An alien who is
granted special immigrant juvenile status under section
101(a)(27)(J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)).''.
(b) State Reimbursement.--Section 472(a)(4) of the Social Security
Act (42 U.S.C. 672(a)(4)) is amended by inserting ``, and if the child
is an alien who has obtained special immigrant juvenile status under
section 101(a)(27)(J) of the Immigration and Nationality Act and would
have been qualified to receive aid under the State plan approved under
section 402 of this Act in or for the month in which the agreement
described in paragraph (2)(A)(i) of this subsection was entered into or
court proceedings leading to the determination described in paragraph
(2)(A)(ii) of this subsection were initiated if the child had been a
United States citizen, the child shall be considered to satisfy the
requirements of paragraph (3) with respect to the month'' before the
period.
SEC. 8. EFFECTIVE DATE.
(a) In General.--The amendments made by this Act, other than by
section 7, shall take effect on the date of the enactment of this Act,
and shall apply to payments under part E of title IV of the Social
Security Act for quarters beginning on or after such date.
(b) Delay Permitted if State Legislation Required.--In the case of
a State plan approved under part E of title IV of the Social Security
Act which the Secretary of Health and Human Services determines
requires State legislation (other than legislation appropriating funds)
in order for the plan to meet the additional requirements imposed by
this Act, the State plan shall not be regarded as failing to comply
with the requirements of such part solely on the basis of the failure
of the plan to meet such additional requirements before the 1st day of
the 1st calendar quarter beginning after the close of the 1st regular
session of the State legislature that ends after the 1-year period
beginning with the date of the enactment of this Act. For purposes of
the preceding sentence, in the case of a State that has a 2-year
legislative session, each year of the session is deemed to be a
separate regular session of the State legislature.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H2666)
Referred to the Committee on Ways and Means, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Human Resources.
Referred to the Subcommittee on Department Operations, Oversight, and Nutrition.
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