,,ii #aagth ,,congress #ast ,session ,s4 #chb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bc1 #bjba,mrs4 ,gillibrand 7for herself1 ,ms4 ,cortez ,masto1 ,mr4 ,blumenthal1 ,ms4 ,warren1 ,ms4 ,rosen1 and ,mr4 ,van ,hollen7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to establish the ,office of the ,ombudsperson for ,immigrant ,children in ,government ,custody1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protection of ,kids in ,immigrant ,detention ,act or ,,prokid ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,committee ,the term ,committee means the expert advisory committee established under section #e7;a74 7#b7 ,director ,the term ,director means the ,director of the ,office of ,refugee ,resettlement4 7#c7 ,facility ,the term facility-- 7,a7 means a location at which #a or more immigrant children are detained by the ,government or held in ,government custody2 and 7,b7 includes-- 7i7 an ,office of ,refugee ,resettlement facility2 and 7ii7 a ,department of ,homeland ,security facility1 including-- 7,i7 a ,u4,s4 ,customs and ,border ,protection temporary holding facility and transportation contractor2 7,,ii7 a ,u4,s4 ,immigration and ,customs ,enforcement family detention facility2 7,,iii7 a ,u4,s4 ,immigration and ,customs ,enforcement juvenile facility2 7,,iv7 a location operated by a private entity1 including a hotel room2 and 7,v7 any other location at which the ,department of ,homeland ,security detains or holds in custody an immigrant child4 7#d7 ,flores settlement agreement ,the term ,flores settlement agreement means 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-,,rjk74 7#e7 ,immigrant child ,the term immigrant child means an alien 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 under the age of #ah years4 7#f7 ,in-network facility ,the term in-network facility means a facility operated by an ,office of ,refugee ,resettlement grantee1 subgrantee1 contractor1 or subcontractor4 7#g7 ,office of ,refugee ,resettlement facility ,the term ,office of ,refugee ,resettlement facility-- 7,a7 means-- 7i7 a shelter2 7ii7 staff secure1 secure care1 or transitional foster care housing2 or 7iii7 any other location operated by the ,office of ,refugee ,resettlement to hold immigrant children2 and 7,b7 includes an in-network facility and an out-of-network facility4 7#h7 ,ombudsperson ,the term ,ombudsperson means the ombudsperson appointed under section #c7;c74 7#i7 ,out-of-network facility ,the term out-of-network facility means a facility at which an immigrant child is placed as a result of an ,office of ,refugee ,resettlement determination that there is no care provider available among in-network facilities to provide specialized services required by the immigrant child1 such as medical or mental health support4 7#aj7 ,unobstructed access ,the term unobstructed access means-- 7,a7 with respect to a facility1 the ability to enter the facility1 including unannounced1 to tour and physically visit all areas of the facility2 and 7,b7 with respect to information1 the ability to obtain requested information in a timely manner and with the full cooperation of the ,director or the ,secretary of ,homeland ,security1 as applicable4 7#aa7 ,working ,group ,the term ,working ,group means the interagency working group established under section #f7;b74 #c4 ,office of the ,ombudsperson for ,immigrant ,children in ,government ,custody 7a7 ,establishment ,there is established1 within the ,department of ,health and ,human ,services1 an ,office of the ,ombudsperson for ,immigrant ,children in ,government ,custody 7referred to in this section as the ,office of the ,ombudsperson7-- 7#a7 to endorse and support the principle that family separation and detention are generally not in a child's best interest2 and 7#b7 in cases in which detention or ,government custody is required-- 7,a7 to ensure that immigrant children are only detained or held in ,government custody in the least restrictive setting2 7,b7 to advocate for the quick1 safe1 and efficient release of immigrant children from detention or ,government custody whenever possible2 and 7,c7 in any case in which an immigrant child is held in ,department of ,homeland ,security custody together with his or her family unit1 to advocate for the release of the child and concurrent release of the parent or legal guardian of the child4 7b7 ,independence ,the ,office of the ,ombudsperson shall be an impartial1 confidential resource fully independent of-- 7#a7 the ,office of ,refugee ,resettlement of the ,department of ,health and ,human ,services2 and 7#b7 the ,department of ,homeland ,security4 7c7 ,ombudsperson 7#a7 ,in general ,the ,office of the ,ombudsperson shall be headed by an ,ombudsperson1 who shall be appointed by1 and report directly to1 the ,secretary of ,health and ,human ,services4 7#b7 ,qualifications ,the individual appointed as ,ombudsperson shall have demonstrated experience in-- 7,a7 immigration law2 and 7,b7 child advocacy or child welfare4 7#c7 ,duties and authorities 7,a7 ,monitoring ,the ,ombudsperson shall monitor facilities for compliance with applicable law and standards1 including-- 7i7 the ,flores settlement agreement2 7ii7 section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb72 7iii7 the applicable provisions of the ,prison ,rape ,elimination ,act of #bjjc 7#cd ,u4,s4,c4 #cjcja et seq472 7iv7 the standards of ,u4,s4 ,customs and ,border ,protection entitled ,national ,standards on ,transport1 ,escort1 ,detention1 and ,search issued in ,october #bjae2 and 7v7 internal ,office of ,refugee ,resettlement policy guidance1 including the guidance entitled ,,orr ,policy ,guide3 ,children ,entering the ,united ,states ,unaccompanied issued on ,january #cj1 #bjae4 7,b7 ,investigations 7i7 ,in general ,the ,ombudsperson shall investigate-- 7,i7 claims of abuse1 neglect1 or mistreatment of immigrant children1 by the ,government or any other entity1 while in ,government custody2 and 7,,ii7 complaints against foster care providers1 including foster care providers under ,state oversight4 7ii7 ,reporting of ,state licensing violations ,if in the course of an investigation under clause 7i77,,ii7 the ,ombudsperson discovers a ,state licensing violation1 the ,ombudsperson shall report the violation to the child welfare licensing agency of the applicable ,state4 7,c7 ,oversight of ,office of ,refugee ,resettlement 7i7 ,in general ,the ,ombudsperson shall provide oversight of the ,director by reviewing placement decisions1 including sponsor denials1 that are contested by an immigrant child or the attorney1 child advocate1 parent1 or prospective sponsor of the immigrant child4 7ii7 ,expedited review of contested placement decisions 7,i7 ,in general ,not later than #ae days after the date on which review of a placement decision described in clause 7i7 is requested1 the ,ombudsperson shall complete the review4 7,,ii7 ,recommendation to ,director ,if1 in carrying out such a review1 the ,ombudsperson determines that such placement decision was erroneous1 the ,ombudsperson shall-- 7aa7 submit to the ,director a recommendation for further action2 and 7bb7 make a copy of the recommendation available to-- 7,,aa7 the immigrant child2 and 7,,bb7 if applicable1 the immigrant child's attorney and child advocate4 7,,iii7 ,written statement 7aa7 ,in general ,in any case in which the ,director declines to follow a recommendation under subclause 7,,ii71 not later than #ae days after the date on which the ,director receives the recommendation1 the ,director shall issue a written response1 including a detailed justification4 7bb7 ,nondelegation ,the ,director may not delegate the requirement to issue a written statement under this subclause4 7iii7 ,civil action not precluded ,review by the ,ombudsperson under this subparagraph shall not preclude an immigrant child1 or the attorney1 child advocate1 parent1 or prospective sponsor of the immigrant child1 from simultaneously commencing a civil action in any appropriate district court of the ,united ,states4 7,d7 ,stakeholder meetings ,not less frequently than quarterly1 the ,ombudsperson shall invite community stakeholders1 ,flores settlement agreement class counsel1 and the ,flores settlement agreement court-appointed monitor to participate in a meeting-- 7i7 to ensure that the ,ombudsperson is aware of stakeholder concerns and priorities2 and 7ii7 to provide feedback on stakeholder requests4 7,e7 ,regional offices ,the ,ombudsperson shall establish regional offices of the ,office of the ,ombudsperson-- 7i7 to ensure the inclusion of pertinent local and regional issues1 trends1 and challenges for consideration by the ,ombudsperson2 7ii7 to strengthen ,state oversight2 7iii7 to coordinate with ,state licensing entities2 and 7iv7 to identify and address differences among ,state child protection laws4 7,f7 ,individual case assistance 7i7 ,in general ,the ,ombudsperson may offer individual case assistance to an immigrant child who is in ,government custody if the case of the immigrant child is long-pending or otherwise requires expedited processing or elevated attention1 as determined by the ,ombudsperson4 7ii7 ,communication ,to ensure a complete understanding of the status of a case described in clause 7i71 the ,ombudsperson may communicate with the potential sponsor1 family members1 child advocate1 legal counsel1 ,office of ,refugee ,resettlement case manager and ,federal field specialist1 the ,general ,dynamics ,information ,technology case coordinator1 and any other relevant individual charged with case management of the immigrant child concerned4 7,g7 ,subpoena authority 7i7 ,in general ,subject to the approval of the ,secretary of ,health and ,human ,services1 the ,ombudsperson may-- 7,i7 issue a subpoena to require the production of all information1 reports1 and other documentary evidence necessary to carry out the duties of the ,ombudsperson2 and 7,,ii7 invoke the aid of any appropriate court of the ,united ,states4 7ii7 ,timeline for production of information ,to prevent undue delay of the placement of an immigrant child1 requirements set forth in a subpoena under clause 7i77,i7 shall be satisfactorily fulfilled not later than #g days after the date on which the ,ombudsperson issues the subpoena4 7,h7 ,reporting mechanisms 7i7 ,in general ,the ,ombudsperson shall establish and maintain-- 7,i7 a toll-free telephone number to receive complaints and reports of matters for investigation2 and 7,,ii7 an email address to receive complaints1 such reports1 and requests for review of placement decisions4 7ii7 ,availability ,the ,ombudsperson shall ensure that-- 7,i7 such telephone number is made available1 and a telephone is accessible1 to each immigrant child in a facility2 and 7,,ii7 such email address is made available to sponsors1 ,flores settlement agreement class counsel1 and legal services providers and child advocates who serve such immigrant children4 7,i7 ,report to ,congress 7i7 ,in general ,not later than ,september #cj each year1 the ,ombudsperson shall submit to ,congress a report on the accomplishments and challenges of the ,office of the ,ombudsperson during the fiscal year ending on that date4 7ii7 ,elements ,each report required by clause 7i7 shall include1 for the applicable fiscal year1 the following3 7,i7 ,a summary of the status of immigrant children in ,government custody that highlights broader trends and recommendations for future action4 7,,ii7 ,statistical information on immigrant children in ,government custody1 together with an analysis of such information4 7,,iii7 ,a summary of complaints received and proposed resolutions4 7,,iv7 ,a detailed description of any investigation into a claim of abuse1 neglect1 or mistreatment of an immigrant child in ,government custody1 including a summary of the results of any such investigation4 7,v7 ,a description of the objectives of the ,office of the ,ombudsperson for the next fiscal year4 7,j7 ,additional duties ,the ,ombudsperson shall-- 7i7 conduct a review of data collection1 as described in section #d7;a72 7ii7 establish the ,committee1 as described in section #e2 and 7iii7 enter into a memorandum of understanding1 as described in section #f7;a74 7d7 ,access to facilities ,the ,secretary of ,health and ,human ,services and the ,secretary of ,homeland ,security shall ensure-- 7#a7 unobstructed access by the ,ombudsperson to any facility2 and 7#b7 the ability of the ,ombudsperson-- 7,a7 to monitor any facility2 and 7,b7 to meet confidentially with-- 7i7 staff of any facility2 7ii7 employees and contractors of the ,office of ,refugee ,resettlement and the ,department of ,homeland ,security2 and 7iii7 any immigrant child in ,government custody1 after notification of the immigrant child's counsel1 as applicable4 7e7 ,access to information ,the ,secretary of ,health and ,human ,services shall ensure unobstructed access by the ,ombudsperson to-- 7#a7 the case files1 records1 reports1 audits1 documents1 papers1 recommendations1 or any other pertinent information relating to the care and custody of an immigrant child2 and 7#b7 the written policies and procedures of all ,office of ,refugee ,resettlement facilities4 #d4 ,data collection 7a7 ,independent review by ,ombudsperson 7#a7 ,in general ,the ,ombudsperson shall regularly review data collected by the ,secretary of ,health and ,human ,services and the ,secretary of ,homeland ,security relating to immigrant children in facilities4 7#b7 ,collaboration required ,the ,secretary of ,health and ,human ,services and the ,secretary of ,homeland ,security shall provide the ,ombudsperson unobstructed access to-- 7,a7 real-time custody and detention data for each immigrant child detained by the ,government or held in ,government custody1 including-- 7i7 the location and level of placement2 7ii7 biographical information1 including full name1 date of birth1 country of citizenship1 and alien number2 7iii7 all locations at which the immigrant child has been detained or held in custody2 7iv7 the dates and times the immigrant child is booked in and booked out of any facility2 and 7v7 transfer and discharge information2 and 7,b7 ,department of ,homeland ,security and ,department of ,health and ,human ,services data personnel for the purpose of reviewing data collection and integrity issues4 7b7 ,office of ,refugee ,resettlement data collection system 7#a7 ,in general ,to support the data collection and monitoring duties of the ,ombudsperson and to facilitate public monitoring1 the ,director shall develop a data collection system that collects and maintains the following information3 7,a7 ,the total number of immigrant children held in custody by the ,director1 disaggregated by placement level1 specific ,office of ,refugee ,resettlement facility1 and age4 7,b7 ,the average and median number of days immigrant children remain in such custody1 disaggregated by placement level1 specific ,office of ,refugee ,resettlement facility1 and age4 7,c7 ,the average and median number of days immigrant children stay in an ,office of ,refugee ,resettlement facility1 disaggregated by placement level1 specific ,office of ,refugee ,resettlement facility1 and age4 7,d7 ,the number of immigrant children discharged to sponsors1 disaggregated by sponsor category1 placement level1 specific ,office of ,refugee ,resettlement facility1 and age4 7,e7 ,the sponsor categories of immigrant children held at each ,office of ,refugee ,resettlement facility1 disaggregated by placement level and age4 7,f7 ,the number and percentage of immigrant children held in an ,office of ,refugee ,resettlement facility with more than #be immigrant children1 disaggregated by placement level and age4 7,g7 ,the percentage of filled capacity across all ,office of ,refugee ,resettlement facilities4 7,h7 ,the total number of children held at out-of-network facilities1 disaggregated by placement level and age4 7,i7 ,for each ,office of ,refugee ,resettlement facility-- 7i7 the percentage of filled capacity2 7ii7 the maximum number of available beds2 7iii7 the number and percentage of immigrant children with disabilities1 disaggregated by placement level and age2 and 7iv7 the number and percentage of immigrant children receiving mandatory home studies1 discretionary home studies1 and post-release services1 disaggregated by placement level and age4 7#b7 ,publication ,not later than the #aeth of each month1 the ,director shall make the data collected under paragraph 7#a7 for the preceding month available to the public on the internet website of the ,office of ,refugee ,resettlement4 7c7 ,prohibition on certain uses of information ,information collected under this section may not be used for immigration enforcement or law enforcement purposes4 #e4 ,expert advisory committee 7a7 ,establishment ,not later than #ij days after the date of the enactment of this ,act1 the ,ombudsperson shall establish an expert advisory committee to assist the ,ombudsperson in-- 7#a7 identifying relevant trends relating to immigrant children in ,government custody2 7#b7 conducting fact-finding missions and investigations of facilities2 and 7#c7 ensuring ,government and private contractor compliance with applicable law and standards for facilities4 7b7 ,membership ,the members of the ,committee shall-- 7#a7 be appointed by the ,ombudsperson2 7#b7 represent various geographical regions2 and 7#c7 be comprised of subject matter experts1 including-- 7,a7 legal advocates or specialists in the fields of child and family welfare1 immigration1 and human rights2 7,b7 pediatricians or other appropriate pediatric health care experts2 7,c7 child or adolescent psychiatrists or psychologists2 7,d7 social workers2 7,e7 data analysis experts2 and 7,f7 any other relevant subject matter expert4 7c7 ,meetings ,the ,committee shall meet not less frequently than quarterly4 7d7 ,duties ,the ,committee shall regularly-- 7#a7 review facility compliance with applicable law and standards relating to ,government detention and custody of immigrant children1 including the ,flores settlement agreement and section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb72 and 7#b7 submit to the ,ombudsperson recommendations for improvement4 7e7 ,site visits ,the ,committee may designate #a or more individuals who shall have the authority-- 7#a7 to carry out facility site visits2 and 7#b7 interview immigrant children held in ,government custody1 after notification of counsel1 as applicable4 #f4 ,coordination with ,department of ,homeland ,security 7a7 ,memorandum of understanding 7#a7 ,in general ,on the date of the enactment of this ,act1 the ,secretary of ,homeland ,security and the ,ombudsperson shall enter into a memorandum of understanding to coordinate oversight between the ,department of ,homeland ,security and the ,department of ,health and ,human ,services4 7#b7 ,elements ,the memorandum of understanding required by paragraph 7#a7 shall do the following3 7,a7 ,require the ,secretary of ,homeland ,security to provide information to the ,ombudsperson with respect to each immigrant child detained by ,u4,s4 ,customs and ,border ,protection or ,u4,s4 ,immigration and ,customs ,enforcement1 or who is otherwise in the custody of the ,secretary of ,homeland ,security1 including-- 7i7 the location of the immigrant child2 7ii7 biographical information1 including full name1 date of birth1 country of citizenship1 and alien number2 7iii7 all locations at which the immigrant child has been so detained or held in ,department of ,homeland ,security custody2 7iv7 exact times at which the immigrant child was booked in and booked out of such custody2 7v7 the date on which the immigrant child is released from such custody or transferred to the custody of the ,secretary of ,health and ,human ,services2 7vi7 in the case of an immigrant child who remains in ,department of ,homeland ,security custody for more than #gb hours1 the reason for such continued custody2 and 7vii7 any other information the ,ombudsperson considers relevant to the oversight and monitoring duties described in section #c7;c77#c74 7,b7 ,establish the right of the ,ombudsperson and the ,committee to monitor ,department of ,homeland ,security facilities for compliance with applicable standards of custody4 7,c7 ,provide the ,ombudsperson and the ,committee full and unobstructed access to-- 7i7 ,department of ,homeland ,security facilities for regular site visits2 and 7ii7 the written policies and procedures of ,department of ,homeland ,security facilities4 7#c7 ,limitation ,the memorandum of understanding may only allow the ,ombudsperson to share information with the ,secretary of ,homeland ,security on a case-by-case basis1 and with the informed consent of the immigrant child concerned1 if the ,ombudsperson determines that such information sharing may facilitate the release of the immigrant child from custody4 7#d7 ,evaluation ,not later than #b years after the ,ombudsperson and the ,secretary of ,homeland ,security enter into the memorandum of understanding required by this subsection1 the ,comptroller ,general of the ,united ,states shall evaluate the coordination between the ,ombudsperson and the ,secretary to determine whether such memorandum of understanding is sufficient to ensure the oversight and monitoring required by this ,act4 7#e7 ,recommendations ,if the ,comptroller ,general makes a determination under paragraph 7#d7 that the memorandum of understanding is insufficient1 the ,comptroller ,general shall recommend actionable steps to be implemented-- 7,a7 to improve coordination between the ,ombudsperson and the ,secretary of ,homeland ,security2 and 7,b7 to ensure effectiveness of the mandate of the ,ombudsperson4 7b7 ,interagency working group 7#a7 ,establishment ,there is established an interagency working group to identify and discuss concerns relating to immigrant children in facilities4 7#b7 ,membership ,the ,working ,group shall be composed of representatives of-- 7,a7 the ,department of ,justice2 7,b7 the ,department of ,health and ,human ,services1 including the ,director or a senior representative of the ,office of ,refugee ,resettlement2 7,c7 ,u4,s4 ,customs and ,border ,protection2 7,d7 ,u4,s4 ,immigration and ,customs ,enforcement2 7,e7 relevant oversight offices1 including-- 7i7 the ,immigration ,detention ,ombudsman of the ,department of ,homeland ,security2 and 7ii7 the ,inspectors ,general of the ,department of ,justice1 the ,department of ,health and ,human ,services1 ,u4,s4 ,customs and ,border ,protection1 and ,u4,s4 ,immigration and ,customs ,enforcement2 and 7,f7 any other relevant ,federal agency or office4 7#c7 ,meetings ,the ,working ,group shall-- 7,a7 hold meetings not less frequently than quarterly2 7,b7 invite representatives of nongovernmental organizations that provide services to immigrant children to participate in such meetings as the ,ombudsperson considers appropriate2 and 7,c7 provide to the ,ombudsperson a summary of each such meeting4 #g4 ,rule of construction ,nothing in the ,act shall be construed to preclude or limit ,flores settlement agreement class counsel from conducting independent investigations or seeking enforcement actions relating to violations of the ,flores settlement agreement in any appropriate district court of the ,united ,states4