,i #aadth ,,congress #ast ,session ,h4 ,r4 #cfjf ,,in ,,the ,,house ,,of ,,representatives ,september #bd1 #bjae ,ms4 ,roybal-,allard introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,homeland ,security1 ,foreign ,affairs1 and ,appropriations1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide for enhanced protections for vulnerable unaccompanied alien children and female detainees4 #a4 ,short title ,this ,act may be cited as the ,child ,trafficking ,victims ,protection ,act4 #b4 ,protecting child trafficking victims 7a7 ,defined term ,in this section1 the term unaccompanied alien children has the meaning given such term in section #dfb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi74 7b7 ,mandatory training ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,health and ,human ,services and independent child welfare experts1 shall mandate appropriate training of all personnel who come into contact with unaccompanied alien children in the relevant legal authorities1 policies1 practices1 and procedures pertaining to this vulnerable population4 7c7 ,care and transportation ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security shall ensure that all unaccompanied alien children who will undergo any immigration proceedings before the ,secretary or the ,executive ,office for ,immigration ,review are duly transported and placed in the care and legal and physical custody of the ,director of the ,office of ,refugee ,resettlement not later than #gb hours after their apprehension1 absent exceptional circumstances4 ,in exceptional circumstances1 such as an influx of children or a natural disaster1 the ,secretary of ,homeland ,security shall make emergency funds available to the ,director of the ,office of ,refugee ,resettlement1 to the extent and in such amounts as are provided in advance in appropriations ,acts1 for the operation of emergency shelters4 ,the ,secretary of ,homeland ,security1 to the extent practicable1 shall ensure that female officers are continuously present during the transfer and transport of female detainees who are in the custody of the ,secretary4 7d7 ,qualified resources 7#a7 ,in general ,the ,secretary of ,homeland ,security shall provide adequately trained and qualified staff and resources1 including child welfare professionals in accordance with subsection 7e71 at ,u4,s4 ,customs and ,border ,protection ports of entry and stations4 7#b7 ,child welfare professionals ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,health and ,human ,services1 shall hire or contract with1 on a full- or part-time basis1 child welfare professionals who will provide assistance in the ,u4,s4 ,customs and ,border ,protection offices or stations having in their custody an average of #be or more children a day in the past fiscal year1 and subject to review based upon the current fiscal year's monthly statistical reports4 7e7 ,child welfare professionals 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 shall ensure that qualified child welfare professionals1 licensed in social work1 or other comparable training and expertise1 and with expertise in culturally competent1 trauma-centered1 and developmentally appropriate interviewing skills are available at ports of entry and stations as described in subsection 7d74 ,child welfare professionals shall be proficient in the most common languages spoken by children apprehended at the border4 ,in the case where one is not available1 an interpreter shall be used4 7#b7 ,duties ,child welfare professionals described in paragraph 7#a7 shall-- 7,a7 develop guidelines for treatment of children in the custody of the ,commissioner of ,u4,s4 ,customs and ,border ,protection2 7,b7 ensure allegations of abuse or mistreatment are referred to the appropriate ,state and ,federal child protection authorities and that the ,commissioner of ,u4,s4 ,customs and ,border ,protection and the ,director of the ,office of ,refugee ,resettlement satisfy their obligations under applicable child abuse reporting laws by-- 7i7 ensuring that children can avail themselves of relevant complaint mechanisms to report abuse or misconduct2 7ii7 reporting abuse or mistreatment to ,state and ,federal child protection authorities as required1 as well as ,department of ,homeland ,security ,office of the ,inspector ,general1 ,office of ,civil ,rights and ,civil ,liberties1 ,u4,s4 ,customs and ,border ,protection ,internal ,affairs ,office1 and the ,office of ,refugee ,resettlement2 and 7iii7 providing notice to area government subcontracted legal service providers regarding a child who has made an allegation of abuse and directing provider to relevant authorities regarding availability of immigration and administrative relief for individuals with pending civil rights complaints2 7,c7 conduct screening of all unaccompanied alien children in accordance with section #bce7;a77#d7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;a77#d77 and refrain from screening children from noncontiguous countries who will undergo screening at the ,office of ,refugee ,resettlement2 7,d7 notify the ,secretary of ,homeland ,security and the ,director of the ,office of ,refugee ,resettlement of children that potentially meet the notification and transfer requirements1 including children for whom a determination cannot be made1 as set forth in subsections 7a7 and 7b7 of section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb72 7,e7 provide a best interest placement recommendation for accompanied children and families to the ,director of ,u4,s4 ,immigration and ,customs ,enforcement that takes into consideration the best interests of the child and applicable law1 favoring a policy of release2 7,f7 interview adult relatives accompanying unaccompanied alien children2 7,g7 provide an initial family relationship and trafficking assessment and recommendations regarding unaccompanied alien children's initial placements to the ,director of the ,office of ,refugee ,resettlement1 which shall be conducted in accordance with the timeframe set forth in subsections 7a77#d7 and 7b77#c7 of section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb72 7,h7 ensure that each child in the custody of the ,commissioner of ,u4,s4 ,customs and ,border ,protection-- 7i7 receives emergency medical care when necessary2 7ii7 receives emergency medical and mental health care that complies with the standards adopted pursuant to section #h7;c7 of the ,prison ,rape ,elimination ,act of #bjjc 7#db ,u4,s4,c4 #aefjg7;c77 whenever necessary1 including in cases in which a child is at risk to harm himself1 herself1 or others2 7iii7 is provided with climate appropriate clothing1 shoes1 basic personal hygiene and sanitary products1 a pillow1 linens1 and sufficient blankets to rest at a comfortable temperature2 7iv7 receives adequate nutrition2 7v7 enjoys a safe and sanitary living environment2 7vi7 has access to daily recreational programs and activities if held for a period longer than #bd hours2 7vii7 has regular access to legal services and consular officials both in person and telephonically2 and 7viii7 is permitted to make supervised phone calls to family members2 7,i7 develop procedures to maintain the best interests of the child in any migration deterrence programs for family units carried out at a border1 including-- 7i7 inquiring whether a child is traveling with a parent or legal guardian2 7ii7 ascertaining whether the removal location of an apprehended parent or legal guardian of the child presents any humanitarian concern or concern related to such apprehended individual's physical safety2 7iii7 ensuring that1 with respect to a decision related to the removal or referral for prosecution of such apprehended individual1 due consideration is given to-- 7,i7 the best interests of such apprehended individual's child1 if any2 7,,ii7 family unity whenever possible2 and 7,,iii7 other public interest factors1 including humanitarian concerns and concerns related to such apprehended individual's physical safety2 and 7,j7 coordinate with the ,mexican ,consulate to ensure the safe repatriation of ,mexican children4 7#c7 ,monitoring ,the ,secretary of ,homeland ,security1 in consultation with a child welfare professional1 shall develop procedures to provide regular access to nongovernmental organizations for human rights monitoring4 7#d7 ,report ,not later than #ah months after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary shall submit a report to ,congress that-- 7,a7 describes the screening procedures used by the child welfare professionals to screen unaccompanied alien children and children accompanied by a parent or legal guardian2 7,b7 assesses the effectiveness of such screenings2 and 7,c7 includes data on all children who were screened by child welfare professionals4 7f7 ,immediate notification ,the ,secretary of ,homeland ,security shall notify the ,director of the ,office of ,refugee ,resettlement of an unaccompanied alien child in the custody of the ,secretary as soon as practicable1 but generally not later than #dh hours after the ,secretary encounters the child1 to effectively and efficiently coordinate the child's transfer to and placement with the ,director of the ,office of ,refugee ,resettlement4 7g7 ,notice of rights and right to access to counsel 7#a7 ,in general ,the ,secretary shall ensure that all children1 upon apprehension1 are provided-- 7,a7 an interview and screening with a child welfare professional described in subsection 7e77#a72 and 7,b7 a video orientation1 as well as an oral and written notice1 in a language they understand1 of their rights under the ,immigration and ,nationality ,act1 including-- 7i7 their right to relief from removal2 7ii7 their right to confer with counsel 7as guaranteed under section #bib of such ,act 7#h ,u4,s4,c4 #acfb771 family1 or friends while in the temporary custody of the ,department2 and 7iii7 relevant complaint mechanisms to report any abuse or misconduct they may have experienced4 7#b7 ,languages ,the ,secretary shall ensure that the video orientation described in paragraph 7#a7 is available in ,english and in the #e most common native languages spoken by children held in custody at that location during the preceding fiscal year4 7h7 ,confidentiality ,the ,secretary of ,health and ,human ,services shall maintain the privacy and confidentiality of all information gathered in the course of providing care1 custody1 placement1 and follow-up services to unaccompanied alien children1 consistent with the best interest of the unaccompanied alien child1 by not disclosing such information to other government agencies or nonparental third parties unless such disclosure is-- 7#a7 recorded in writing and placed in the child's file2 7#b7 in the child's best interest2 and 7#c7 7,a7 authorized by the child or by an approved sponsor in accordance with section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 and the ,health ,insurance ,portability and ,accountability ,act 7,public ,law #ajd-aia72 or 7,b7 provided to a duly recognized law enforcement entity to prevent imminent and serious harm to another individual4 7i7 ,other policies and procedures ,the ,secretary shall adopt fundamental child protection policies and procedures-- 7#a7 for reliable age determinations of children1 developed in consultation with medical and child welfare experts1 which exclude the use of fallible forensic testing of children's bone and teeth2 7#b7 to utilize all legal authorities to defer the child's removal if the child faces a risk of life-threatening harm upon return including due to the child's mental health or medical condition2 and 7#c7 to ensure1 in accordance with the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#db ,u4,s4,c4 #efja et seq471 that unaccompanied alien children1 while in detention1 are-- 7,a7 physically separated from any adult who is not an immediate family member2 and 7,b7 separated from-- 7i7 immigration detainees and inmates with criminal convictions2 7ii7 pretrial inmates facing criminal prosecution2 and 7iii7 inmates exhibiting violent behavior4 7j7 ,repatriation and reintegration program 7#a7 ,in general ,the ,administrator of the ,united ,states ,agency for ,international ,development1 in conjunction with the ,secretary of ,homeland ,security1 the ,secretary of ,health and ,human ,services1 the ,attorney ,general1 international organizations1 and nongovernmental organizations in the ,united ,states with expertise in repatriation and reintegration1 shall ensure that programs in the ,united ,states and within the country of return support the safe and sustainable repatriation and reintegration of unaccompanied alien children into their country of nationality or of last habitual residence1 including placement with their families1 legal guardians1 or other sponsoring agencies4 7#b7 ,scope ,the process described in paragraph 7#a7 shall include-- 7,a7 an identification of the expressed needs of the child2 7,b7 the creation of partnerships with community based organizations that are linguistically and culturally competent2 7,c7 the recognition of the need to include the family unit in the process to help the child reintegrate2 7,d7 the provision of a wide diversity of services1 including access to school1 scholarships1 and vocational and skills training2 7,e7 procedures that outline safe repatriation to ensure children are not returned to harm or in other unsafe circumstances such as during nighttime hours2 7,f7 procedures for when the exercise of discretion should be exercised because it is not in the child's best interest to be returned2 and 7,g7 special considerations to address the particular needs of returning girls are addressed1 tender-aged children1 or other vulnerable children4 7#c7 ,report on repatriation and reintegration of unaccompanied alien children ,not later than #ah months after the date of the enactment of this ,act1 and annually thereafter1 the ,administrator of the ,agency for ,international ,development shall submit a substantive report to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate on efforts to improve repatriation and reintegration programs for unaccompanied alien children4 7k7 ,transfer of funds 7#a7 ,authorization ,the ,secretary of ,homeland ,security1 in accordance with a written agreement between the ,secretary and the ,secretary of ,health and ,human ,services1 and to the extent and in such amounts as are provided in advance in appropriations ,acts1 shall transfer such amounts as may be necessary to carry out the duties described in subsections 7c7 and 7e77#b7 from amounts appropriated for ,u4,s4 ,customs and ,border ,protection to the ,department of ,health and ,human ,services4 7#b7 ,report ,not later than #ae days before any proposed transfer under paragraph 7#a71 the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of ,homeland ,security1 shall submit a detailed expenditure plan that describes the actions proposed to be taken with amounts transferred under such paragraph to-- 7,a7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7,b7 the ,committee on ,appropriations of the ,senate4