,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #bfjd  ,,in ,,the ,,house ,,of  
,,representatives  ,june #bh1 #bjac ,ms4
 ,roybal-,allard introduced the         
following bill2 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 parent1 legal guardian1 or 
relative from being a placement for a   
foster child1 to authorize discretion to
 a ,state1 county1 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    
7including detention pursuant to7 an    
immigration proceeding1 unless certain  
conditions have been met1 and for other 
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,help ,separated    
,families ,act of #bjac4  #b4           
,immigration status alone not a         

disqualification from being a placement 
for a foster child ,section             
#dga7;a77#ai7 of the ,social ,security  
,act 7#db ,u4,s4,c4 #fga7;a77#ai77 is   
amended--  7#a7 by striking 7#ai7       
provides that the ,state and inserting  
the following3  7#ai7 provides that--   
7,a7 the ,state  2 and  7#b7 by adding  
after and below the end the following3  
7,b7 such standards shall ensure that   
the immigration status alone of a       
parent1 legal guardian1 or relative     
shall not disqualify the parent1 legal  
guardian1 or relative from being a      
placement for a child2  4  #c4 ,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   
#dga7;a77#bj7 of the ,social ,security  
,act 7#db ,u4,s4,c4 #fga7;a77#bj77 is   
amended--  7#a7 in subparagraph 7,a71 by
 inserting which procedures shall       
require the ,state 7including the ,state

 agency1 the child welfare agency of any
 county or other political subdivision  
of the ,state1 and caseworkers and      
supervisors of any such agency7 to      
accept a foreign consulate              
identification card1 a foreign passport1
 or such other foreign identification   
document as may be allowed in           
regulations prescribed by the           
,secretary1 as sufficient identification
 for purposes of initiating a criminal  
records check or a fingerprint-based    
check1 before including procedures2 and 
7#b7 in subparagraph 7,c71 by inserting 
1 which procedures shall require the    
,state 7including the ,state agency1 the
 child welfare agency of any county or  
other political subdivision of the      
,state1 and caseworkers and supervisors 
of any such agency7 to accept a foreign 
consulate identification card1 a foreign
 passport1 or such other foreign        
identification document as may be       
allowed in regulations prescribed by the
 ,secretary1 as sufficient              

identification for purposes of          
initiating a criminal records check or a
 fingerprint-based check before the     
semicolon4  #d4 ,state plan requirement 
to notify relatives seeking placement of
 a child that their immigration status  
will not be questioned ,section         
#dga7;a77#bi7 of the ,social ,security  
,act 7#db ,u4,s4,c4 #fga7;a77#bi77 is   
amended--  7#a7 by striking and at the  
end of subparagraph 7,c72  7#b7 by      
adding and at the end of subparagraph   
7,d72 and  7#c7 by adding at the end the
 following3  7,e7 the immigration status
 of any such relative seeking placement 
of the child with the relative shall not
 be questioned1 except to the extent    
necessary in determining eligibility for
 relevant services or programs2  4  #e4 
,authorize ,state discretion to delay   
filing for termination of parental      
rights in foster care cases in which    
otherwise fit and willing parent or     
relative has been removed or is involved
 in an immigration proceeding1 unless   

certain conditions have been met        
,section #dge7e77;,e7 of the ,social    
,security ,act 7#db ,u4,s4,c4           
#fge7e77;,e77 is amended by striking 2  
or and inserting the following3 and a   
compelling reason in section            
#dge7e77;,e7 for the ,state to not file 
7or join in the filing of such a        
petition7 shall include the removal of  
the parent from the ,united ,states or  
the involvement of the parent in        
7including detention pursuant to7 an    
immigration proceeding1 unless the      
parent is unfit or unwilling to be a    
parent of the child4 ,before a ,state   
may file to terminate the parental      
rights under such section #dge7e77;,e71 
the ,state 7or the county or other      
political subdivision of the ,state1 as 
the case may be7 shall make reasonable  
efforts--  7,i7 to identify1 locate1 and
 contact 7including1 if appropriate1    
through the diplomatic or consular      
offices of the country to which the     
parent was removed or a parent or       

relative resides7 any parent of the     
child1 who has been removed from the    
,united ,states1 and where possible1 any
 potential adult relative of the child  
7as described in section #dga7;a77#bi772
  7,,ii7 to notify such a parent or     
relative of the intent of the ,state 7or
 the county or other political          
subdivision of the ,state1 as           
applicable7 to file 7or join in the     
filing of7 such a petition2  7,,iii7 to 
reunify the child with any such parent  
or relative2 and  7,,iv7 provide and    
document appropriate services to the    
parent or relative2 or  4  #f4          
,requirement of the department of health
 and human services to provide guidance 
on best practices for establishing      
memorandum of understanding or          
agreements with foreign consulates in   
juvenile court cases involving immigrant
 children or children of immigrants in  
foster care and for other purposes ,the 
,secretary of ,health and ,human        
,services1 in consultation with the     

,secretary of ,homeland ,security1 the  
,secretary of ,state1 and immigration1  
international law1 and child welfare    
experts1 shall develop and disseminate  
to ,state1 county1 and local child      
welfare agencies best practice guidance 
that takes into account the best        
interest of the child1 including a      
preference for family unity whenever    
appropriate1 on the following3  7#a7    
,establishing memoranda of understanding
 or agreements with foreign consulates  
in juvenile and family court cases1     
including procedures for contacting a   
consulate and protections affording     
foreign nationals the right to refuse   
contact with1 or the sharing of personal
 or identifying information with1 the   
government of their country of origin4  
7#b7 ,facilitating collection of        
children's necessary legal documents    
prior to reunification with a parent1   
legal guardian1 or relative caregiver   
abroad1 including but not limited to    
passports and apostilled birth          

certificates1 health1 and school        
records4  7#c7 ,locating and notifying a
 detained parent1 legal guardian1 or    
appropriate relative caregiver1 and     
assisting in family reunification       
efforts prior to or after a parent's    
removal4  7#d7 ,aiding the safe transfer
 of a child to the parent's1 legal      
guardian's1 or relative caregiver's     
country of residence4  7#e7             
,communicating with relevant departments
 and service providers in a parent's1   
legal guardian's1 or relative           
caregiver's country of origin to arrange
 necessary placement and reunification  
services1 including but not limited to  
home studies1 background checks1 and    
collection of necessary legal documents4
  7#f7 ,assisting a detained or deported
 parent1 legal guardian1 or relative    
caregiver in meeting child welfare case 
plan requirements1 facilitating their   
participation in family court hearings1 
and arranging supervised visitations    
within the ,united ,states1 abroad1 and 

at border facilities when appropriate4  
#g4 ,child welfare services for children
 separated from parents detained or     
removed from the united states for      
immigration violations  7a7 ,state plan 
requirements ,section #dga7;a7 of the   
,social ,security ,act 7#db ,u4,s4,c4   
#fga7;a77 is amended--  7#a7 by striking
 and at the end of paragraph 7#cb72     
7#b7 by striking the period at the end  
of paragraph 7#cc7 and inserting 2 and2 
and  7#c7 by adding at the end the      
following3  7#cd7 provides that the     
,state shall--  7,a7 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 child1 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 child2  7,b7 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     
visa1 and to collect all relevant vital 
documents such as birth certificate1    
health1 and educational records1 and    
other information2  7,c7 preserve1 to   
the greatest extent possible1 the       
privacy and confidentiality of all      
information gathered in the course of   
administering the care1 custody1 and    
placement of1 and follow-up services    
provided to1 a separated child1         
consistent with the best interest of    
such child1 by not disclosing such      
information to other government agencies
 or persons 7other than a parent1 legal 
guardian1 or relative caregiver or such 
child71 except that the head of the     
,state agency 7or the county or other   
political subdivision of the ,state1 as 
applicable7 may disclose such           
information1 after placing a written    
record of the disclosure in the file of 
the child--  7i7 to a consular official 

for the purpose of reunification of a   
child with a parent1 legal guardian1 or 
relative caregiver who has been removed 
or is involved in an immigration        
proceeding1 unless the child has refused
 contact with1 or the sharing of        
personal or identifying information     
with1 the government of their country of
 origin2  7ii7 when authorized to do so 
by the child 7if the child has attained 
#ah years of age7 if the disclosure is  
consistent with the best interest of the
 child2 or  7iii7 to a law enforcement  
agency if the disclosure would prevent  
imminent and serious harm to another    
individual2 and  7,d7 not less          
frequently than annually1 compile1      
update1 and publish a list of entities  
in the ,state that are qualified to     
provide legal representation services   
for a separated child1 in a language    
such that a child can read and          
understand4  4  7b7 ,additional         
information ,to be included in case plan
 ,section #dge7a7 of such ,act 7#db     

,u4,s4,c4 #fge7a77 is amended by adding 
at the end the following3  7,h7 ,in the 
case of a separated child with respect  
to whom the ,state plan requires the    
,state to provide services pursuant to  
section #af #dga7;a77#cd7--  7i7 the    
location of the parent or legal guardian
 referred to in paragraph 7#i77;,a7 of  
this subsection from whom the child has 
been separated2 and  7ii7 a written     
record of each disclosure to a          
government agency or person 7other than 
such a parent or legal guardian7 of     
information gathered in the course of   
tracking the care1 custody1 and         
placement of1 and follow-up services    
provided to1 the child4  4  7c7         
,separated child defined ,section #dge  
of such ,act 7#db ,u4,s4,c4 #fge7 is    
amended by adding at the end the        
following3  7#i7 ,the term separated    
child means an individual who--  7,a7   
has a parent or legal guardian who has  
been detained by a ,federal1 ,state1 or 
local law enforcement agency in the     

enforcement of an immigration law1 or   
removed from the ,united ,states as a   
result of a violation of such a law2 and
  7,b7 is in the care or supervision of 
a ,state4  4  7d7 ,effective date ,the  
amendments made by this section shall   
take effect on the first day of the     
first calendar quarter that begins after
 the #a-year period that begins with the
 date of the enactment of this ,act4    
#h4 ,effective date  7a7 ,in general    
,except as otherwise provided in this   
,act1 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 
,act1 and shall apply to payments under 
part ,e of title ,,iv of the ,social    
,security ,act for calendar quarters    
beginning on or after such date4  7b7   
,delay permitted if state legislation   
required ,if the ,secretary of ,health  
and ,human ,services determines that    
,state legislation 7other than          
legislation appropriating funds7 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 ,act1 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 ,act4 ,for     
purposes of the preceding sentence1 if  
the ,state has a #b-year legislative    
session1 each year of the session is    
deemed to be a separate regular session 
of the ,state legislature4