,i #aafth ,,congress #ast ,session ,h4 ,r4 #cdeb ,,in ,,the ,,house ,,of ,,representatives ,june #bd1 #bjai,ms4 ,roybal-,allard 7for herself1 ,mrs4 ,torres of ,california1 ,ms4 ,velzquez1 ,ms4 ,titus1 and ,mr4 ,espaillat7 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 #bjai4 #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 7#b7 by adding at the end the following3 and2 and 7#c7 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 card or a foreign passport 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 card or a foreign passport 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 legal guardian has been removed or is involved in an immigration proceeding1 unless certain conditions have been met ,section #dge7e77;,e77ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fge7e77;,e77ii77 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 legal guardian 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 legal guardian2 and 7,,iv7 provide and document appropriate services to the parent or legal guardian2 or 4 #f4 ,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#cd72 7#b7 by striking the period at the end of paragraph 7#ce7 and inserting 2 and2 and 7#c7 by adding at the end the following3 7#cf7 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 of 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 child1 or their parent1 legal guardian1 or relative has refused contact with1 or the sharing of personal or identifying information with1 the government of their country of origin2 or 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 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 #dga7;a77#cf7-- 7i7 the location of the parent or legal guardian referred to in paragraph 7#ac77;,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#ac7 ,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 #g4 ,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