Help Separated Families Act of 2019
This bill prohibits states from disqualifying a prospective adoptive or foster parent based on that person's immigration status. It also expands the requirements for state foster-care cases in which a parent has been detained or deported as the result of an immigration proceeding.
Specifically, states may not initiate a proceeding to terminate the parental rights of a parent who has been detained or deported unless the state has made reasonable efforts to (1) locate the parent, (2) notify the parent about the proceeding, (3) provide the parent with appropriate services, and (4) reunify the parent and child. States also must (1) ensure that case managers can communicate in separated children's native language, (2) provide assistance for separated children to accompany their parent to the family's country of origin, (3) keep information about such children confidential, and (4) publish a list of legal services available to separated children.
Further, case management plans must provide (1) the location of the child's parent who has been detained or deported, and (2) a written record of information about such child that is disclosed to government agencies or nonlegal guardians. The bill requires states to accept specified forms of foreign identification to complete background checks for prospective foster care placements. States also must notify prospective foster or adoptive relatives that such relatives' immigration status will not be requested except with respect to eligibility for certain social services.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3452 Introduced in House (IH)]
<DOC>
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
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 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.
Velazquez, 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 disqualify 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 proceeding, unless certain conditions have been met, 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 ``Help Separated Families Act of
2019''.
SEC. 2. IMMIGRATION STATUS ALONE NOT A DISQUALIFICATION FROM BEING A
PLACEMENT FOR A FOSTER CHILD.
Section 471(a)(19) of the Social Security Act (42 U.S.C.
671(a)(19)) is amended--
(1) by striking ``(19) provides that the State'' and
inserting the following:
``(19) provides that--
``(A) the State'';
(2) by adding at the end the following: ``and''; and
(3) by adding after and below the end the following:
``(B) such standards shall ensure that the
immigration status alone of a parent, legal guardian,
or relative shall not disqualify the parent, legal
guardian, or relative from being a placement for a
child;''.
SEC. 3. STATE PLAN REQUIREMENT TO ACCEPT CERTAIN DOCUMENTS ISSUED BY
FOREIGN ENTITIES AS SUFFICIENT IDENTIFICATION FOR
PURPOSES OF INITIATING A CRIMINAL RECORDS CHECK OR A
FINGERPRINT-BASED CHECK.
Section 471(a)(20) of the Social Security Act (42 U.S.C.
671(a)(20)) is amended--
(1) in subparagraph (A), by inserting ``which procedures
shall require the State (including the State agency, the child
welfare agency of any county or other political subdivision of
the State, and caseworkers and supervisors of any such agency)
to accept a foreign consulate identification card or a foreign
passport as sufficient identification for purposes of
initiating a criminal records check or a fingerprint-based
check,'' before ``including procedures''; and
(2) in subparagraph (C), by inserting ``, which procedures
shall require the State (including the State agency, the child
welfare agency of any county or other political subdivision of
the State, and caseworkers and supervisors of any such agency)
to accept a foreign consulate identification card or a foreign
passport as sufficient identification for purposes of
initiating a criminal records check or a fingerprint-based
check'' before the semicolon.
SEC. 4. STATE PLAN REQUIREMENT TO NOTIFY RELATIVES SEEKING PLACEMENT OF
A CHILD THAT THEIR IMMIGRATION STATUS WILL NOT BE
QUESTIONED.
Section 471(a)(29) of the Social Security Act (42 U.S.C.
671(a)(29)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by adding ``and'' at the end of subparagraph (D); and
(3) by adding at the end the following:
``(E) the immigration status of any such relative
seeking placement of the child with the relative shall
not be questioned, except to the extent necessary in
determining eligibility for relevant services or
programs;''.
SEC. 5. AUTHORIZE STATE DISCRETION TO DELAY FILING FOR TERMINATION OF
PARENTAL RIGHTS IN FOSTER CARE CASES IN WHICH OTHERWISE
FIT AND WILLING PARENT OR LEGAL GUARDIAN HAS BEEN REMOVED
OR IS INVOLVED IN AN IMMIGRATION PROCEEDING, UNLESS
CERTAIN CONDITIONS HAVE BEEN MET.
Section 475(5)(E)(ii) of the Social Security Act (42 U.S.C.
675(5)(E)(ii)) is amended by striking ``; or'' and inserting the
following: ``and a compelling reason in section 475(5)(E) for the State
to not file (or join in the filing of such a petition) shall include
the removal of the parent from the United States or the involvement of
the parent in (including detention pursuant to) an immigration
proceeding, unless the parent is unfit or unwilling to be a parent of
the child. Before a State may file to terminate the parental rights
under such section 475(5)(E), the State (or the county or other
political subdivision of the State, as the case may be) shall make
reasonable efforts--
``(I) to identify, locate, and
contact (including, if appropriate,
through the diplomatic or consular
offices of the country to which the
parent was removed or a parent or
relative resides) any parent of the
child, who has been removed from the
United States, and where possible, any
potential adult relative of the child
(as described in section 471(a)(29));
``(II) to notify such a parent or
legal guardian of the intent of the
State (or the county or other political
subdivision of the State, as
applicable) to file (or join in the
filing of) such a petition;
``(III) to reunify the child with
any such parent or legal guardian; and
``(IV) provide and document
appropriate services to the parent or
legal guardian; or''.
SEC. 6. CHILD WELFARE SERVICES FOR CHILDREN SEPARATED FROM PARENTS
DETAINED OR REMOVED FROM THE UNITED STATES FOR
IMMIGRATION VIOLATIONS.
(a) State Plan Requirements.--Section 471(a) of the Social Security
Act (42 U.S.C. 671(a)) is amended--
(1) by striking ``and'' at the end of paragraph (34);
(2) by striking the period at the end of paragraph (35) and
inserting ``; and''; and
(3) by adding at the end the following:
``(36) provides that the State shall--
``(A) ensure that the case manager for a separated
child is capable of communicating in the native
language of such child and of the family of such child,
or an interpreter who is so capable is provided to
communicate with such child and the family of such
child at no cost to the child or the family of such
child;
``(B) coordinate with the Department of Homeland
Security to make every effort to ensure that parents
who wish for their child to accompany them to their
country of origin are given adequate time and
assistance to obtain a passport and visa, and to
collect all relevant vital documents such as birth
certificate, health, and educational records, and other
information;
``(C) preserve, to the greatest extent possible,
the privacy and confidentiality of all information
gathered in the course of administering the care,
custody, and placement of, and follow-up services
provided to, a separated child, consistent with the
best interest of such child, by not disclosing such
information to other government agencies or persons
(other than a parent, legal guardian, or relative
caregiver of such child), except that the head of the
State agency (or the county or other political
subdivision of the State, as applicable) may disclose
such information, after placing a written record of the
disclosure in the file of the child--
``(i) to a consular official for the
purpose of reunification of a child with a
parent, legal guardian, or relative caregiver
who has been removed or is involved in an
immigration proceeding, unless the child, or
their parent, legal guardian, or relative has
refused contact with, or the sharing of
personal or identifying information with, the
government of their country of origin; or
``(ii) when authorized to do so by the
child (if the child has attained 18 years of
age) if the disclosure is consistent with the
best interest of the child; and
``(D) not less frequently than annually, compile,
update, and publish a list of entities in the State
that are qualified to provide legal representation
services for a separated child, in a language such that
a child can read and understand.''.
(b) Additional Information To Be Included in Case Plan.--Section
475(1) of such Act (42 U.S.C. 675(1)) is amended by adding at the end
the following:
``(H) In the case of a separated child with respect
to whom the State plan requires the State to provide
services pursuant to section 471(a)(36)--
``(i) the location of the parent or legal
guardian referred to in paragraph (13)(A) of
this subsection from whom the child has been
separated; and
``(ii) a written record of each disclosure
to a government agency or person (other than
such a parent or legal guardian) of information
gathered in the course of tracking the care,
custody, and placement of, and follow-up
services provided to, the child.''.
(c) Separated Child Defined.--Section 475 of such Act (42 U.S.C.
675) is amended by adding at the end the following:
``(13) The term `separated child' means an individual who--
``(A) has a parent or legal guardian who has been
detained by a Federal, State, or local law enforcement
agency in the enforcement of an immigration law, or
removed from the United States as a result of a
violation of such a law; and
``(B) is in the care or supervision of a State.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the first day of the first calendar quarter that begins after
the 1-year period that begins with the date of the enactment of this
Act.
SEC. 7. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this Act, the
amendments made by this Act shall take effect on the first day of the
first fiscal year beginning on or after 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 calendar quarters beginning on or after such
date.
(b) Delay Permitted if State Legislation Required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is required in
order for a State plan approved under part E of title IV of the Social
Security Act to meet the additional requirements imposed by the
amendments made by this Act, the plan shall not be regarded as failing
to meet any of the additional requirements before the first day of the
first calendar quarter beginning after the first regular session of the
State legislature that begins after the date of the enactment of this
Act. For purposes of the preceding sentence, if the State 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
Referred to the House Committee on Ways and Means.
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