,,ii #aafth ,,congress #ast ,session ,s4 #ffa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #e1 #bjai,ms4 ,hirono 7for herself1 ,ms4 ,cortez ,masto1 ,ms4 ,harris1 ,mr4 ,blumenthal1 ,mrs4 ,gillibrand1 ,ms4 ,klobuchar1 ,mr4 ,wyden1 ,ms4 ,smith1 ,mr4 ,booker1 ,mr4 ,markey1 ,mr4 ,sanders1 and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide for enhanced protections for vulnerable alien children1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,child ,trafficking ,victims ,protection and ,welfare ,act of #bjai4 #b4 ,definitions ,in this ,act3 7#a7 ,apprehended parent or legal guardian ,the term apprehended parent or legal guardian means an individual who is-- 7,a7 the parent or legal guardian of a child2 and 7,b7 apprehended by the ,secretary or the personnel of a cooperating entity4 7#b7 ,border ,the term border means an international border of the ,united ,states4 7#c7 ,child ,the term child means an individual who-- 7,a7 has not reached the age of #ah years2 and 7,b7 has no permanent immigration status in the ,united ,states4 7#d7 ,child welfare professional ,the term child welfare professional means an individual who-- 7,a7 is licensed in social work by the ,state welfare agency1 and1 if applicable1 county welfare agency1 of the ,state and county in which the port of entry or ,border ,patrol station at which such individual available pursuant to section #c is located2 7,b7 has direct experience working with children2 and 7,c7 is proficient in one or more of the most common languages spoken by children apprehended at the applicable port of entry or ,border ,patrol station4 7#e7 ,commissioner ,the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#f7 ,cooperating entity ,the term cooperating entity means a ,state or local entity acting pursuant to an agreement with the ,secretary4 7#g7 ,department ,the term ,department means the ,department of ,homeland ,security4 7#h7 ,expert in child development ,the term expert in child development means an individual who has significant education and expertise on infant1 child1 and adolescent development1 and on the effects of trauma on children4 7#i7 ,expert in child welfare ,the term expert in child welfare means an individual who has-- 7,a7 knowledge of ,federal and ,state child welfare laws and standards2 and 7,b7 not less than #ae years of experience in the field of child and adolescent development or child welfare4 7#aj7 ,expert in pediatric medicine ,the term expert in pediatric medicine means-- 7,a7 an individual who is board-certified in pediatric medicine in one or more ,states2 or 7,b7 an individual with an advanced degree in pediatric medicine on the faculty of an institution of higher education in the ,united ,states4 7#aa7 ,migration deterrence program ,the term migration deterrence program means an action relating to the repatriation or referral for prosecution of one or more individuals apprehended by the ,secretary or a cooperating entity for a suspected or confirmed violation of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7#ab7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#ac7 ,unaccompanied alien child ,the term unaccompanied alien child has the meaning given the term in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g774 #c4 ,child welfare at the border 7a7 ,guidelines ,the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 experts in child development1 experts in child welfare1 experts in pediatric medicine1 and the ,american ,bar ,association ,center on ,children and the ,law1 shall develop guidelines for the treatment of children in the custody of the ,commissioner4 7b7 ,mandatory training ,the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 shall-- 7#a7 require all ,u4,s4 ,customs and ,border ,protection personnel1 and cooperating entity personnel1 who have contact with a child at a port of entry or ,border ,patrol station to undergo appropriate training1 which shall include live training1 on-- 7,a7 the applicable legal authorities1 policies1 practices1 and procedures relating to children2 and 7,b7 child development1 trauma1 and the manner in which trauma affects the health and behavior of children2 and 7#b7 require ,u4,s4 ,customs and ,border ,protection personnel1 not less frequently than annually1 to undertake continuing training on-- 7,a7 identifying and responding to common signs and symptoms of medical distress in children2 7,b7 best practices with respect to the guidelines developed under subsection 7a72 and 7,c7 changes in the legal authorities1 policies1 and procedures described in paragraph 7#a77;,a74 7c7 ,qualified resources 7#a7 ,in general ,in accordance with subsection 7d71 the ,secretary shall provide resources and staff1 including child welfare professionals1 who are adequately trained and qualified to address the needs of children at each port of entry and ,border ,patrol station4 7#b7 ,sufficient staffing ,the ,secretary shall ensure that sufficient qualified child welfare professionals and qualified experts in pediatric medicine are available at each port of entry and ,border ,patrol station to accomplish the duties described in this section without prolonging the time children and apprehended parents and legal guardians remain in the custody of the ,commissioner4 7#c7 ,child welfare expertise ,the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 shall hire1 or seek to enter into contracts with1 independent child welfare professionals in order to do the following3 7,a7 ,to provide child welfare expertise on-site on a full-time basis at any port of entry or ,border ,patrol station that has had not fewer than #be children in custody-- 7i7 on any day during the preceding fiscal year2 or 7ii7 during the current fiscal year1 based on a review of monthly statistical reports during the current fiscal year4 7,b7 ,to provide child welfare expertise by telephone on an on-call basis1 and on-site as necessary1 to ,u4,s4 ,customs and ,border ,protection staff at any port of entry or ,border ,patrol station that is not described in subparagraph 7,a74 7,c7 ,with respect to a port of entry or ,border ,patrol station that is described in subparagraph 7,a7 but is without on-site expertise as required by such subparagraph during a period of not more than #ij days in which the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 is in the process of hiring or seeking to enter into a contract with an onsite independent child welfare professional1 to provide child welfare expertise by telephone on an on-call basis to ,u4,s4 ,customs and ,border ,protection staff4 7d7 ,child welfare professionals and experts in pediatric medicine 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 shall ensure the availability at each port of entry and ,border ,patrol station of not fewer than-- 7,a7 one qualified child welfare professional with expertise in culturally competent1 trauma-centered1 and developmentally appropriate interviewing skills2 and 7,b7 one qualified expert in pediatric medicine4 7#b7 ,medical assessments ,on obtaining custody of a child1 the ,commissioner shall ensure that the child undergoes a medical assessment carried out by1 or in consultation with1 the expert in pediatric medicine at the applicable port of entry or ,border ,patrol ,station1 in accordance with the guidelines developed under subsection 7a74 7#c7 ,interpreter required ,in the case of a child welfare professional or an expert in pediatric medicine at a port of entry or ,border ,patrol station who does not speak the language of a child in custody at such port of entry or station1 the ,secretary shall provide an interpreter4 7#d7 ,duties ,a child welfare professional described in paragraph 7#a77;,a7 shall-- 7,a7 ensure that-- 7i7 any allegation of abuse or mistreatment of a child in the custody of the ,commissioner is referred to the appropriate ,federal and ,state authorities2 7ii7 any investigation of an allegation described in clause 7i7-- 7,i7 receives support from the child welfare professional1 who shall follow up on the referral under that clause and coordinate with the investigation until the completion of the investigation2 and 7,,ii7 is conducted by a multidisciplinary team that uses a trauma-informed approach to investigation1 such as ,children's ,advocacy ,centers1 to the maximum extent practicable2 and 7iii7 the ,commissioner and the ,director of the ,office of ,refugee ,resettlement comply with applicable child abuse reporting laws1 including by-- 7,i7 ensuring that children in such custody have access to applicable complaint mechanisms to report abuse or misconduct2 7,,ii7 reporting any allegation of abuse or mistreatment to-- 7aa7 the applicable ,federal and ,state authorities2 7bb7 the ,office of ,inspector ,general of the ,department2 7cc7 the ,office for ,civil ,rights and ,civil ,liberties of the ,department2 7dd7 the ,internal ,affairs ,office of ,u4,s4 ,customs and ,border ,protection2 and 7ee7 the ,office of ,refugee ,resettlement2 7,,iii7 providing notice to federally subcontracted legal service providers in the applicable geographical area with respect to any child in such custody who has made an allegation of abuse or mistreatment2 and 7,,iv7 directing the legal service providers described in subclause 7,,iii7 to relevant information relating to the availability of immigration and administrative relief for individuals with pending civil rights complaints2 7,b7 conduct screening of each child in such custody 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#d772 7,c7 with respect to a child who may meet the notification and transfer requirements under subsections 7a7 and 7b7 of section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb71 including a child for whom a determination cannot be made1 notify the ,secretary and the ,director of the ,office of ,refugee ,resettlement of the presence of such child at the port of entry or ,border ,patrol station2 7,d7 provide to the ,director of ,u4,s4 ,immigration and ,customs ,enforcement a best interest placement recommendation for each accompanied child and family that-- 7i7 considers-- 7,i7 the best interests of the child2 and 7,,ii7 applicable law2 and 7ii7 favors a policy of release2 7,e7 interview any adult relative accompanying a child1 including any sibling1 grandparent1 aunt1 uncle1 or cousin of the child2 7,f7 for each unaccompanied alien child in such custody1 provide to the ,director of the ,office of ,refugee ,resettlement-- 7i7 an initial family relationship and trafficking assessment1 which shall be conducted in accordance with the timeframe under 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 and 7ii7 recommendations for the initial placement of the child2 7,g7 pursuant to procedures developed by the ,secretary1 maintain the best interests of children in any migration deterrence program for family units carried out at a border1 including by-- 7i7 inquiring whether a child is traveling with a parent1 sibling1 or legal guardian2 7ii7 ascertaining whether the detention or removal from the ,united ,states of an apprehended parent or legal guardian of a child presents a humanitarian concern or a concern relating to the physical safety of the apprehended parent or legal guardian2 7iii7 in the case of a family separation1 ensuring that-- 7,i7 each member of the family is provided with a telephone number for each other member of the family2 7,,ii7 the apprehended parent or legal guardian is afforded the opportunity to speak with the child of the apprehended parent or legal guardian not fewer than three times weekly1 including not fewer than #a video conference2 7,,iii7 for each child of the apprehended parent or legal guardian1 the apprehended parent or legal guardian-- 7aa7 knows-- 7,,aa7 the location of the child2 and 7,,bb7 the date and location of each scheduled immigration court proceeding of the child2 and 7bb7 is provided with updated information if the location of the child or a scheduled immigration court proceeding of the child changes2 7,,iv7 the location and contact information for the apprehended parent or legal guardian is maintained on file2 7,v7 before separation1 each child is provided with an opportunity to say goodbye to the apprehended parent or legal guardian2 and 7,,vi7 with respect to the health of the child1 the apprehended parent or legal guardian-- 7aa7 is able1 before separation1 to communicate to personnel of the ,department the medical history and any known illness of the child2 and 7bb7 is informed of any medical treatment administered to the child1 including psychotropic drugs1 during the period in which the child is in the custody of the ,director of the ,office of ,refugee ,resettlement2 and 7iv7 ensuring that1 with respect to a decision relating to the removal from the ,united ,states or referral for prosecution of an apprehended parent or legal guardian-- 7,i7 consideration is given to-- 7aa7 the best interests of the child of the apprehended parent or legal guardian2 7bb7 family unity1 to the maximum extent possible2 and 7cc7 any other public interest factor1 including a humanitarian concern and a concern relating to the physical safety of the apprehended parent or legal guardian2 and 7,,ii7 the apprehended parent or legal guardian and the child have access to legal counsel2 and 7,h7 coordinate with the ,consulate of ,mexico to ensure the safe repatriation of any child who is a citizen of ,mexico4 7#e7 ,preservation of confidentiality ,each child welfare professional shall maintain the privacy and confidentiality of all information gathered in the course of providing care1 custody1 placement1 and follow-up services to a child pursuant to this subsection1 consistent with the best interest of the child1 by not disclosing such information to other ,federal agencies or nonparental third parties unless such disclosure-- 7,a7 is in the best interest of the child2 7,b7 is in writing2 7,c7 includes an explanation of the justification for the disclosure2 7,d7 is included in the file of the child2 and 7,e7 is-- 7i7 authorized by the child or an approved sponsor of the child1 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-aia2 #aaj ,stat4 #aicf72 or 7ii7 provided to a duly recognized law enforcement entity to prevent imminent and serious harm to another individual4 7e7 ,prohibition on separation ,the ,secretary may not remove a child from a parent or legal guardian solely for a purpose as follows3 7#a7 ,the purpose of furthering the policy objective of deterring individuals from migrating to the ,united ,states4 7#b7 ,the purpose of furthering the policy objective of promoting compliance with the immigration laws4 7f7 ,family unit tracking number 7#a7 ,in general ,the ,secretary shall assign a family unit tracking number to each member of an apprehended family unit1 including-- 7,a7 an apprehended spouse2 7,b7 an apprehended parent or legal guardian2 7,c7 a child of an apprehended parent or legal guardian2 and 7,d7 each member of a sibling group4 7#b7 ,requirements ,the ,secretary shall ensure that a family unit tracking number-- 7,a7 is transferrable2 7,b7 may be shared easily among the data systems of-- 7i7 ,u4,s4 ,customs and ,border ,protection2 7ii7 ,u4,s4 ,immigration and ,customs ,enforcement2 and 7iii7 the ,office of ,refugee ,resettlement2 and 7,c7 7i7 is included on the paperwork of each member of an apprehended family unit2 and 7ii7 is not deleted or altered4 7g7 ,monitoring ,the ,secretary shall-- 7#a7 allow nongovernmental organizations and ,state and local child welfare agencies in the jurisdiction in which an apprehended child is located to conduct not less than one monthly unannounced1 independent inspection of any ,department facility that houses one or more children2 and 7#b7 in consultation with one or more child welfare professionals and #a or more experts in pediatric medicine1 for the purpose of human rights monitoring1 develop procedures to provide nongovernmental organizations regular and full access to any facility in which one or more children is housed4 7h7 ,report 7#a7 ,in general ,not later than #ah months after the date of the enactment of this ,act1 and every fiscal quarter thereafter1 the ,secretary shall submit to the ,committee on the ,judiciary1 the ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on the ,judiciary1 the ,committee on ,oversight and ,reform1 and the ,committee on ,education and ,labor of the ,house of ,representatives a report that1 for the preceding fiscal quarter-- 7,a7 describes the procedures used by child welfare professionals under this section to screen unaccompanied alien children and children accompanied by a parent or legal guardian2 7,b7 assesses the effectiveness of such screenings2 7,c7 includes data on all children screened by child welfare professionals under this section1 including-- 7i7 the number and location of children in the physical custody of the ,department2 7ii7 the number of children transferred to the custody of the ,secretary of ,health and ,human ,services2 7iii7 the number of children apprehended together with a parent or legal guardian2 7iv7 the number of children separated from a parent or legal guardian by the ,department and the reason for such separation2 and 7v7 the number of children removed from the ,united ,states and the countries of nationality of such children2 and 7,d7 includes documentation of-- 7i7 compliance with the guidelines developed pursuant to this section2 7ii7 instances of noncompliance with such guidelines2 and 7iii7 actions taken to correct noncompliance with such guidelines4 7#b7 ,limitation ,the data under paragraph 7#a77;,c7 shall not include the personally identifiable information of any child4 7i7 ,immediate notification ,with respect to a child in the custody of the ,secretary1 to effectively and efficiently coordinate the transfer of the child to and placement of the child with the ,director of the ,office of ,refugee ,resettlement1 the ,secretary shall notify the ,director of the ,office of ,refugee ,resettlement as soon as practicable1 but not later than #dh hours after the time at which the ,secretary encounters the child4 7j7 ,standards of care for short-,term custody of children 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the head of the ,office for ,civil ,rights and ,civil ,liberties of the ,department1 shall promulgate regulations establishing basic standards of care for the short-term custody of children by the ,commissioner4 7#b7 ,requirements ,the regulations promulgated pursuant to paragraph 7#a7 shall ensure that all children in the custody of the ,commissioner1 while in such custody-- 7,a7 receive a health interview1 a medical assessment1 and all necessary medical treatment1 including emergency medical care1 as necessary2 7,b7 receive emergency medical and mental health care in compliance with section #h7;c7 of the ,prison ,rape ,elimination ,act of #bjjc 7#db ,u4,s4,c4 #aefjg7;c771 as necessary1 including in any case in which a child is at risk of harming himself or herself or others2 7,c7 are provided-- 7i7 continual access to potable water2 7ii7 a climate-appropriate environment2 7iii7 climate-appropriate clothing and shoes2 7iv7 access to bathroom facilities and hygiene items1 including soap1 feminine hygiene products1 toothpaste1 toothbrushes and towels1 and1 in the case of any child in such custody for more than #bd hours1 showers2 7v7 a pillow2 7vi7 linens2 7vii7 sufficient blankets to rest at a comfortable temperature2 7viii7 diapers1 diapering supplies1 infant formula1 and infant feeding supplies1 as necessary2 7ix7 in the case of any child in such custody for more than #ab hours1 access to a bed and adequate bedding2 and 7x7 a location to sleep in which the lights are dimmed2 7,d7 7i7 are offered food at the time at which the ,commissioner obtains custody of the child2 and 7ii7 receive adequate nutrition1 including not fewer than three daily meals that include #a or more fruits or vegetables2 7,e7 have a safe and sanitary living environment2 7,f7 in the case of any child in such custody for more than #bd hours1 have access to daily recreational programs and activities1 including recreational time outdoors2 7,g7 have regular access to legal services and consular officials in person and telephonically2 and 7,h7 are permitted to make supervised video conference calls1 if available1 and telephone calls to family members4 7k7 ,ensuring children have access to legal rights 7#a7 ,in general ,the ,secretary shall ensure that each child1 on apprehension1 is provided-- 7,a7 an interview and screening with a child welfare professional as described in subsection 7d72 and 7,b7 a video orientation and oral and written notice1 in a language understood by the child1 of the rights of the child under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 including-- 7i7 the right to relief from removal2 7ii7 the right-- 7,i7 to confer with counsel under section #bib of such ,act 7#h ,u4,s4,c4 #acfb72 and 7,,ii7 to have access to family or friends while in the temporary custody of the ,department2 and 7iii7 the applicable complaint mechanism to report any abuse1 mistreatment1 or misconduct4 7#b7 ,languages ,the ,secretary shall ensure that1 at each location at which one or more children are held in custody1 the video orientation described in paragraph 7#a77;,b7 is available in ,english and the five most common native languages spoken by children held in custody at that location during the preceding fiscal year4 7#c7 ,access to legal counsel ,the ,secretary shall ensure that each apprehended parent or legal guardian and each child is provided access to one or more nongovernmental organizations that provide legal assistance4 7l7 ,child protection policies ,with respect to children1 the ,secretary shall adopt fundamental child protection policies and procedures-- 7#a7 to make reliable age determinations1 developed in consultation with experts in the physiological1 cognitive1 and emotional development of children and experts in pediatric medicine1 which shall exclude the use of fallible forensic testing of the bones and teeth of children2 7#b7 to use all legal authorities to defer the removal from the ,united ,states of a child who faces a risk of life-threatening harm on return1 including harm due to the mental health or medical condition of the child2 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 a child in custody of the ,secretary is separated physically1 and by sight and sound1 from any-- 7,a7 immigration detainee or inmate with a criminal conviction2 7,b7 pretrial inmate facing criminal prosecution2 and 7,c7 inmate exhibiting violent behavior4 7m7 ,preservation of records ,the ,secretary shall preserve all records associated with children in the custody of the ,commissioner1 including records as follows3 7#a7 ,records containing information on the identity of any child1 and1 if accompanied by any family member1 on the identity of such family member4 7#b7 ,records associated with reported incidents of abuse of children while in custody4 7n7 ,transfer of funds 7#a7 ,authorization ,the ,secretary1 in accordance with a written agreement between the ,secretary and the ,secretary of ,health and ,human ,services1 to the extent and in such amounts as are provided in advance in appropriations ,acts1 shall transfer from amounts appropriated for ,u4,s4 ,customs and ,border ,protection to the ,department of ,health and ,human ,services such amounts as may be necessary to carry out the duties described in subsections 7c7 and 7d77#d74 7#b7 ,report ,not later than #ae days before the date of any proposed transfer under paragraph 7#a71 the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary1 shall submit to the ,committee on ,appropriations of the ,senate and the ,committee on ,appropriations of the ,house of ,representatives a detailed expenditure plan that describes the actions proposed to be taken with the amounts transferred under such paragraph4 #d4 ,savings provisions 7a7 ,federal law ,nothing in this ,act may be construed to supersede or modify-- 7#a7 the ,william ,wilberforce ,trafficking ,victims ,protection ,act of #bjjh 7#h ,u4,s4,c4 #abcb et seq472 7#b7 the ,stipulated ,settlement ,agreement filed in the ,united ,states ,district ,court for the ,central ,district of ,california on ,january #ag1 #aiig 7,,cv #he-dedd-,,rjk7 7commonly known as the ,flores ,settlement ,agreement72 7#c7 the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq472 or 7#d7 any applicable ,federal child welfare law1 including the ,adoption and ,safe ,families ,act of #aiig 7,public ,law #aje-hi74 7b7 ,state law ,nothing in this ,act may be construed to supersede or modify any applicable ,state child welfare law4