,,ii #aagth ,,congress #b;d ,session ,s4 #debi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ac1 #bjbb,mr4 ,merkley 7for himself1 ,mrs4 ,gillibrand1 ,mr4 ,durbin1 ,mr4 ,schatz1 ,ms4 ,warren1 ,mr4 ,markey1 ,mr4 ,sanders1 ,ms4 ,hirono1 ,mrs4 ,feinstein1 ,mrs4 ,murray1 ,mr4 ,wyden1 ,ms4 ,rosen1 ,mr4 ,casey1 and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide protections for children in immigration custody1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,children's ,safe ,welcome ,act of #bjbb4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,procedures and temporary placements following apprehension,sec4 #aja4 ,prohibition on family separation4,sec4 #ajb4 ,protections for noncitizen children4,sec4 #ajc4 ,nonadversarial asylum processing for noncitizen children4,sec4 #ajd4 ,standards for ,u4,s4 ,customs and ,border ,protection detention of noncitizen children4,sec4 #aje4 ,standards for ,u4,s4 ,customs and ,border ,protection facilities housing noncitizen children4,sec4 #ajf4 ,modification of term asylum officer to exclude officers of ,u4,s4 ,customs and ,border ,protection4,,title ,,ii--,standards for ,department of ,health and ,human ,services custody of unaccompanied noncitizen children,subtitle ,a--,standards for foster care homes and childcare facilities,sec4 #bja4 ,operation of foster care homes and childcare facilities4,sec4 #bjb4 ,notice of rights4,sec4 #bjc4 ,staffing and training4,subtitle ,b--,services for unaccompanied noncitizen children,sec4 #baa4 ,required services4,sec4 #bab4 ,evaluation for disability4,sec4 #bac4 ,education4,sec4 #bad4 ,recreation4,subtitle ,c--,placement of children,sec4 #bba4 ,phasing out large congregate care facilities4,sec4 #bbb4 ,least restrictive setting4,sec4 #bbc4 ,foster family care4,sec4 #bbd4 ,additional requirements relating to children with disabilities and children with mental health needs4,sec4 #bbe4 ,minimizing transfers4,sec4 #bbf4 ,restrictive placements4,sec4 #bbg4 ,judicial review of placement4,subtitle ,d--,family reunification and standards relating to sponsors,sec4 #bca4 ,family reunification efforts by ,office of ,refugee ,resettlement4,sec4 #bcb4 ,standards relating to sponsors4,sec4 #bcc4 ,special considerations relating to release of children with disabilities4,subtitle ,e--,release,sec4 #bda4 ,procedures for release4,sec4 #bdb4 ,post-release services4,sec4 #bdc4 ,individuals attaining #ah years of age4,sec4 #bdd4 ,custody review by ,ombudsperson4,,title ,,iii--,emergencies and influxes,sec4 #cja4 ,sense of ,congress4,sec4 #cjb4 ,definitions4,sec4 #cjc4 ,placement4,sec4 #cjd4 ,planning for emergencies and influxes4,sec4 #cje4 ,influx facility standards and staffing4,sec4 #cjf4 ,monitoring and oversight4,,title ,,iv--,legal representation for unaccompanied noncitizen children,sec4 #dja4 ,legal orientation presentations and legal screenings4,sec4 #djb4 ,legal representation4,,title ,v--,appointment of child advocates and improvements to immigration courts,sec4 #eja4 ,appointment of child advocates4,sec4 #ejb4 ,immigration court improvements4,,title ,,vi--,oversight1 monitoring1 and enforcement,sec4 #fja4 ,office of the ,ombudsperson for ,unaccompanied ,noncitizen ,children in ,immigration ,custody4,sec4 #fjb4 ,data collection and reporting4,sec4 #fjc4 ,enforcement4,sec4 #fjd4 ,protection from retaliation4,sec4 #fje4 ,mandatory access to detention facilities for ,members of ,congress4,,title ,,vii--,nondiscrimination,sec4 #gja4 ,fair and equal treatment4,sec4 #gjb4 ,responsibilities of care providers4,,title ,,viii--,information sharing and data protection,sec4 #hja4 ,separation of records4,sec4 #hjb4 ,prohibition on use for denial of relief or in removal proceedings4,sec4 #hjc4 ,disclosure4,sec4 #hjd4 ,prohibition on information sharing4,sec4 #hje4 ,counseling records4,sec4 #hjf4 ,data protection for sponsors4,,title ,,ix--,miscellaneous provision,sec4 #ija4 ,rule of construction4 #b4 ,definitions ,in this ,act3 7#a7 ,accompanied noncitizen child ,the term accompanied noncitizen child means a noncitizen under the age of #ah years who-- 7,a7 has no lawful immigration status in the ,united ,states2 and 7,b7 is detained in immigration custody while traveling with a parent or legal guardian1 including an adoptive parent and a stepparent4 7#b7 ,best interests of the child ,with respect to an accompanied noncitizen child or unaccompanied noncitizen child1 the term best interests of the child means a consideration1 informed to the extent practicable by the child and the parents or guardian and extended family of the child1 that takes into account-- 7,a7 the safety and well-being of the child2 7,b7 the expressed interests of the child1 taking into account the child's age and stage of development2 7,c7 the physical and mental health of the child2 7,d7 the right of the child to-- 7i7 family integrity2 7ii7 liberty2 and 7iii7 development2 and 7,e7 the identity of the child1 including religious1 ethnic1 linguistic1 gender1 sexual orientation1 and cultural identity4 7#c7 ,childcare facility ,the term childcare facility means a facility operated by the ,department of ,health and ,human ,services1 or a contractor of the ,department of ,health and ,human ,services1 that-- 7,a7 is a ,state-licensed program2 and 7,b7 provides residential care for unaccompanied noncitizen children4 7#d7 ,director ,the term ,director means the ,director of the ,office of ,refugee ,resettlement4 7#e7 ,early childhood minor ,the term early childhood minor means an individual who is #ab years of age or younger or has the developmental age of such an individual4 7#f7 ,flores settlement agreement ,the term ,flores settlement agreement means the stipulated settlement agreement in ,reno v4 ,flores1 as filed in the ,united ,states ,district ,court for the ,central ,district of ,california on ,january #ag1 #aiig 7,,cv-#he-dedd-,,rjk71 including all subsequent court decisions1 orders1 agreements1 and stipulations4 7#g7 ,immigration custody ,the term immigration custody means the physical custody of the ,secretary of ,health and ,human ,services or the ,secretary of ,homeland ,security 7or the head of any successor agency of the ,department of ,health and ,human ,services or the ,department of ,homeland ,security74 7#h7 ,influx ,the term influx means a period during which-- 7,a7 not less than #ie percent of the available beds in permanent childcare facilities are occupied2 and 7,b7 the average length of care for unaccompanied noncitizen children in the custody of the ,secretary of ,health and ,human ,services exceeds #ce days4 7#i7 ,influx facility ,the term influx facility means any public or private facility established to provide temporary emergency shelter and services for unaccompanied noncitizen children during an influx or emergency4 7#aj7 ,noncitizen ,the term noncitizen means an individual who is not a citizen or national of the ,united ,states4 7#aa7 ,nonparent family member ,with respect to an unaccompanied noncitizen child apprehended with a nonparent family member1 the term nonparent family member means an individual who is-- 7,a7 #ah years of age or older2 and 7,b7 a relative of such child1 including a grandparent1 aunt1 uncle1 first cousin1 sibling1 and fictive kin4 7#ab7 ,ombudsperson ,the term ,ombudsperson means the ,ombudsperson of the ,office of the ,ombudsperson for ,unaccompanied ,noncitizen ,children established under section #fja4 7#ac7 ,out-of-network facility ,the term out-of-network facility means any public or private facility1 including a mental health facility1 or any other location that-- 7,a7 is used to provide residential care for unaccompanied noncitizen children2 and 7,b7 is not an ,office of ,refugee ,resettlement facility4 7#ad7 ,prospective sponsor ,the term prospective sponsor means an individual or entity who applies for custody of an unaccompanied noncitizen child4 7#ae7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#af7 ,secure facility ,the term secure facility means any public or private facility that is opened by a program1 agency1 or organization that is licensed by an appropriate ,state agency to provide residential care for children who have been adjudicated delinquent4 7#ag7 ,special needs noncitizen child ,the term special needs noncitizen child-- 7,a7 7i7 means a noncitizen under the age of #ah years1 the mental or physical condition of whom requires special services or medical equipment and special treatment by the staff of a childcare facility2 and 7ii7 includes such an individual who-- 7,i7 has special needs due to drug or alcohol abuse1 serious emotional disturbance1 mental illness1 developmental or cognitive delay1 or a physical condition or chronic illness that requires special services or treatment2 7,,ii7 is an individual with a disability 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb772 or 7,,iii7 requires special services or treatment as a result of neglect or abuse2 and 7,b7 in the case of a child who is #ab years of age or older1 means such a child who consents to such designation1 services1 and treatment4 7#ah7 ,sponsor ,the term sponsor means an individual or entity who has been approved by the ,director to assume custody of an unaccompanied noncitizen child on release from the custody of the ,secretary4 7#ai7 ,staff-secure facility ,the term staff-secure facility-- 7,a7 means any public or private facility that is licensed by an appropriate ,state agency to provide residential care for children who have been determined to require close or intensive care in accordance with section #bbf7;c77#c72 and 7,b7 does not include a facility that provides residential care to children who have been adjudicated delinquent4 7#bj7 ,state-licensed program ,the term ,state-licensed program means any public or private program1 agency1 or organization licensed by an appropriate ,state agency to provide residential1 group1 or foster care services for unaccompanied noncitizen children 7including a program operating group homes1 foster homes1 or facilities for special needs noncitizen children7 that complies with applicable-- 7,a7 ,state child welfare laws1 regulations1 and policies2 7,b7 ,state and local building1 fire1 health1 and safety laws and regulations2 7,c7 ,federal1 ,state1 and local human rights and privacy laws1 as applicable2 and 7,d7 ,state staffing and training requirements4 7#ba7 ,unaccompanied noncitizen child ,the term unaccompanied noncitizen child has the meaning given the term unaccompanied alien child in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g774 ,i ,procedures and temporary placements following apprehension #aja4 ,prohibition on family separation 7a7 ,in general ,an accompanied noncitizen child shall remain physically together with their parent or legal guardian at all times while in the custody of the ,secretary of ,homeland ,security or the ,secretary of ,health and ,human ,services1 unless-- 7#a7 the accompanied noncitizen child requests privacy temporarily2 7#b7 during the screening process1 a determination is made based on clear and convincing evidence that the parent or legal guardian of the accompanied noncitizen child1 or the adult caregiver of the child who has been determined by a child welfare expert to be suitable to provide care and physical custody of the child in the ,united ,states1 presents an imminent threat to ,united ,states national security or is inadmissible under subparagraphs 7,c77i71 7,e71 7,g71 or 7,i7 of section #bab7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b772 or 7#c7 the child protection professional documents based on clear and convincing evidence that the continued care of the accompanied noncitizen child by the parent or legal guardian is likely to result in serious emotional or physical damage to the child4 7b7 ,termination of separation ,in the case of a separation under paragraph 7#b7 or 7#c7 of subsection 7a71 as soon as practicable after the potential damage to the child is sufficiently mitigated or remedied-- 7#a7 in the case of a child in the custody of the ,secretary of ,health and ,human ,services1 the ,secretary of ,health and ,human ,services shall return the child to the individual from whom they were separated2 and 7#b7 in the case of a child in the custody of the ,secretary of ,homeland ,security1 the ,secretary of ,homeland ,security shall release the individual in accordance with subsection 7a77#e7 of section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb71 as amended by section #ajb4 7c7 ,challenge to separation ,in the case of a separation under paragraph 7#b7 or 7#c7 of subsection 7a71 the ,secretary of ,homeland ,security shall-- 7#a7 notify the parents1 legal guardians1 and accompanied children concerned of their-- 7,a7 right to challenge such separation under titles ,,vi and ,,vii2 and 7,b7 private right of action to seek review before a district court of the ,united ,states2 and 7#b7 provide a copy of any determination1 evidence1 arrest warrants1 or other documentation supporting such separation to such individuals and their attorneys4 7d7 ,treatment of unaccompanied children traveling with certain caregivers ,unaccompanied children traveling with nonparent or nonlegal guardian caregivers shall be treated by the ,secretary of ,health and ,human ,services in accordance with paragraph 7#c77;,c7 of section #bce7;b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b771 as amended by section #ajb4 #ajb4 ,protections for noncitizen children ,section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 is amended-- 7#a7 by striking unaccompanied alien child each place it appears and inserting unaccompanied noncitizen child2 7#b7 by striking unaccompanied alien child's each place it appears and inserting unaccompanied noncitizen child's2 7#c7 by striking unaccompanied alien children each place it appears and inserting unaccompanied noncitizen children2 7#d7 by striking unaccompanied alien children's each place it appears and inserting unaccompanied noncitizen children's2 7#e7 in subsection 7a7-- 7,a7 by striking paragraphs 7#b7 and 7#d72 7,b7 by redesignating paragraphs 7#c7 and 7#e7 as paragraphs 7#b7 and 7#c71 respectively2 7,c7 in paragraph 7#b71 as redesignated1 in the paragraph heading1 by striking other and inserting unaccompanied noncitizen2 7,d7 in paragraph 7#c71 as redesignated-- 7i7 in subparagraph 7,c71 in the subparagraph heading1 by striking unaccompanied alien children and inserting unaccompanied noncitizen children2 and 7ii7 in subparagraph 7,d71 in the matter preceding clause 7i71 by striking 1 except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection 7a77#b712 and 7,e7 by inserting after paragraph 7#c71 as redesignated1 the following3 7#d7 ,child protection professionals at the border 7,a7 ,in general ,the ,secretary of ,homeland ,security shall ensure that a licensed child protection professional is physically present to provide onsite expertise at each-- 7i7 land port of entry at which noncitizen children are most likely to enter2 7ii7 ,border ,patrol station on the southern border2 and 7iii7 ,u4,s4 ,customs and ,border ,protection processing facility and reception center1 regardless of whether such facility or center is temporary in nature4 7,b7 ,qualifications 7i7 ,in general ,such a child protection professional shall-- 7,i7 be licensed in social work2 7,,ii7 have direct experience providing trauma-informed care to children who have experienced trauma2 and 7,,iii7 subject to clause 7ii71 be proficient in ,spanish or #a of the top #e most common languages spoken by noncitizen children in the past #e years4 7ii7 ,phase-in of language proficiency ,during the #c-year period beginning on the date of the enactment of the ,children's ,safe ,welcome ,act of #bjbb1 #be percent of the child protection professionals hired by the ,secretary of ,homeland ,security to carry out the duties under this section shall be exempt from clause 7i77,,iii74 7,c7 ,oversight of care ,such a child protection professional shall oversee the care of noncitizen children in ,u4,s4 ,customs and ,border ,protection facilities1 consistent with the standards established under sections #ajd and #aje of the ,children's ,safe ,welcome ,act of #bjbb1 including by ensuring access to adequate food1 hydration1 hygiene necessities1 medical care1 and other services the child protection professional considers necessary4 7#e7 ,release of children apprehended with parents1 adoptive parents1 or legal guardians ,in the case of a child apprehended with a parent1 adoptive parent1 or legal guardian1 the ,secretary of ,homeland ,security shall-- 7,a7 release the child together with the parent1 adoptive parent1 or legal guardian1 as applicable2 and 7,b7 ensure that the child is provided with support from a qualified nongovernmental community-based organization with experience providing services to immigrant1 refugee1 and asylum-seeking populations4 7#f7 ,release of children apprehended with nonparent family members ,in the case of a child apprehended with a nonparent family member determined under subsection 7b77#c77;,c77iii7 to be an appropriate sponsor for the child1 the ,secretary of ,health and ,human ,services shall-- 7,a7 release the child together with the nonparent family member2 and 7,b7 ensure that the child is provided with support from a qualified nongovernmental community-based organization with experience providing services to immigrant1 refugee1 and asylum-seeking populations4 7#g7 ,prohibition on operation of family detention facilities ,the ,federal ,government may not operate1 under any circumstance1 a family detention facility4 2 7#f7 in subsection 7b7-- 7,a7 in paragraph 7#a71 in the paragraph heading1 by striking unaccompanied alien children and inserting unaccompanied noncitizen children2 7,b7 in paragraph 7#c7-- 7i7 in the paragraph heading1 by striking unaccompanied alien children and inserting unaccompanied noncitizen children2 7ii7 by striking ,except in the case of exceptional circumstances1 and inserting the following3 7,a7 ,in general ,except in the case of exceptional circumstances1 subject to subparagraph 7,b71 2 and 7iii7 by adding at the end the following3 7,b7 ,limitation on ,u4,s4 ,customs and ,border ,protection custody ,under no circumstance may the ,commissioner hold an unaccompanied or accompanied noncitizen child in custody for more than #gb hours4 7,c7 ,reception centers 7i7 ,designation ,the ,commissioner shall designate #a or more reception centers located within #ajj miles of each port of entry and each ,border ,patrol ,station on the southern border for the purpose of conducting expedited evaluations described in clause 7iii74 7ii7 ,transfer ,in the case of an unaccompanied noncitizen child apprehended with a nonparent family member1 the ,commissioner shall immediately transfer the child and his or her #a or more nonparent family members1 as applicable1 to a reception center designated under clause 7i7 for the purpose of an evaluation under clause 7iii74 7iii7 ,expedited evaluations 7,i7 ,in general ,on the arrival of an unaccompanied noncitizen child apprehended with a nonparent family member at a designated reception center1 a ,federal field specialist of the ,department of ,health and ,human ,services shall evaluate the child to determine whether he or she may be released safely from ,u4,s4 ,customs and ,border ,protection custody to the nonparent family member with whom the child was apprehended4 7,,ii7 ,private space ,the ,commissioner shall make available in each designated reception center a private space in which such ,federal field specialists may carry out such evaluations4 7iv7 ,staffing 7,i7 ,federal field specialists 7aa7 ,in general ,federal field specialists of the ,department of ,health and ,human ,services shall be detailed to designated reception centers for brief periods to ensure the independence of ,department of ,health and ,human ,services staff from the duties and functions of ,u4,s4 ,customs and ,border ,protection4 7bb7 ,duties ,a ,federal field specialist detailed to a designated reception center shall verify family relationships and screen each unaccompanied noncitizen child apprehended with a nonparent family member for safety concerns using existing or newly developed ,department of ,health and ,human ,services tools and skills1 including document review1 observation1 and interviews of the child and family members4 7,,ii7 ,case managers and case coordinators 7aa7 ,in general ,case managers and case coordinators of the ,department of ,health and ,human ,services shall be detailed to designated reception centers for brief periods to ensure the independence of ,department of ,health and ,human ,services staff from the duties and functions of ,u4,s4 ,customs and ,border ,protection4 7bb7 ,duties ,a case manager or case coordinator detailed to a designated reception center shall assist the ,federal field specialist at the reception center in verifying family relationships and screening each unaccompanied noncitizen child apprehended with a nonparent family member for safety concerns using existing or newly developed ,department of ,health and ,human ,services tools and skills1 including document review1 observation1 and interviews of the child and family members4 7,,iii7 ,legal services providers ,the ,secretary of ,health and ,human ,services shall enter into #a or more contracts with nongovernmental legal services providers to provide legal orientation presentations to accompanied noncitizen children and unaccompanied noncitizen children apprehended with nonparent family members and their parents or legal guardians or nonparent family members1 as applicable1 under consideration for expedited release under this subparagraph4 7v7 ,release decision ,the ,secretary of ,health and ,human ,services shall make a determination with respect to expedited release under this subparagraph not later than #gb hours after the child has been determined to be an unaccompanied noncitizen child4 7vi7 ,release of nonparent family member 7,i7 ,in general ,if the ,secretary of ,health and ,human ,services determines that the nonparent family member of an unaccompanied noncitizen child apprehended with a nonparent family member is a safe sponsor1 and the applicable ,federal field specialist and case manager or case coordinator have verified the family relationship1 the ,commissioner shall approve the release of the nonparent family member for the purpose of reunification with the child4 7,,ii7 ,retention of unaccompanied noncitizen child determination ,an unaccompanied noncitizen child released to a nonparent family member who is released under subclause 7,i7 shall retain his or her determination as an unaccompanied noncitizen child4 7,,iii7 ,post-release counsel and services ,the ,secretary of ,health and ,human ,services shall provide to each child released to a nonparent family member who is released under subclause 7,i7 post-release counsel and services1 such as legal counsel1 in the location in which the child's removal proceedings are scheduled4 7vii7 ,transfer to office of refugee resettlement custody 7,i7 ,in general ,if the ,secretary of ,health and ,human ,services cannot make a determination with respect to whether a nonparent family member is an imminent substantial and credible threat to a child within #gb hours after the ,commissioner has made the unaccompanied noncitizen child determination1 or if an unaccompanied noncitizen child apprehended with a nonparent family member is denied expedited release under this subparagraph-- 7aa7 such child shall be placed in the least restrictive setting2 7bb7 notice shall be provided to the nonparent family member with respect to-- 7,,aa7 the reason for the inability to timely make such determination or for the denial2 and 7,,bb7 the location of the child's transfer and any subsequent transfer2 and 7cc7 the family relationship shall be documented4 7,,ii7 ,appointment of child advocate ,in the case of a child denied expedited release under this subparagraph1 the ,secretary of ,health and ,human ,services shall appoint a child advocate for the child4 7viii7 ,prohibition ,the adjudication of asylum applications shall not be carried out in a reception center designated under this subparagraph4 7,d7 ,transportation 7i7 ,in general ,except as provided in clause 7ii71 the ,commissioner may not transport any unaccompanied noncitizen child in a vehicle with a detained adult who is not related to the child4 7ii7 ,exception 7,i7 ,in general ,the ,commissioner may transport an unaccompanied noncitizen child in a vehicle with such an adult only from the place of arrest or apprehension to a ,u4,s4 ,customs and ,border ,protection facility4 7,,ii7 ,precautions ,in transporting an unaccompanied noncitizen child under subclause 7,i71 the ,commissioner shall take necessary precautions for the protection and well-being of the unaccompanied noncitizen child4 2 and 7,c7 by adding at the end the following3 7#e7 ,substantive and procedural protections 7,a7 ,in general ,on a determination that a child is an unaccompanied noncitizen child1 the unaccompanied noncitizen child shall be afforded1 for the duration of the unaccompanied noncitizen child's removal proceedings1 all substantive and procedural protections provided under this section and any other applicable ,federal law4 7,b7 ,unaccompanied noncitizen child determination ,no ,federal agency1 officer1 or personnel may-- 7i7 reevaluate or revoke a determination that a child is an unaccompanied noncitizen child2 or 7ii7 deny or impede access to any protection provided for unaccompanied noncitizen children under ,federal law1 including on the basis of-- 7,i7 the reunification of an unaccompanied noncitizen child with a parent or legal guardian2 7,,ii7 the release of an unaccompanied noncitizen child to a nonparent family member in accordance with subsection 7b77#c77;,c77vi72 or 7,,iii7 an unaccompanied noncitizen child having attained #ah years of age4 2 7#g7 in subsection 7d77#h71 in the paragraph heading1 by striking unaccompanied alien children and inserting unaccompanied noncitizen children2 7#h7 by striking subsection 7g72 7#i7 by redesignating subsections 7h7 and 7i7 as subsections 7g7 and 7h71 respectively2 and 7#aj7 by adding at the end the following3 7i7 ,access to counsel1 legal orientation1 and child advocates for all children in custody ,each child in immigration custody1 including accompanied noncitizen children1 shall receive a legal orientation presentation and have access to legal counsel and child advocates4 7j7 ,treatment of adult family members apprehended with children 7#a7 ,in general ,a parent or legal guardian or a nonparent family member who is apprehended with a child shall be placed in removal proceedings under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a74 7#b7 ,requirement ,such a parent or legal guardian or nonparent family member and the child concerned shall be provided an opportunity-- 7,a7 to consult1 independently and jointly1 legal counsel2 and 7,b7 to request such measures as may be necessary to ensure-- 7i7 full and fair consideration of their cases for relief from removal2 and 7ii7 the best interests of the child4 7k7 ,removal proceedings for accompanied noncitizen children ,with respect to an accompanied noncitizen child1 the child and their parent or legal guardian may only be placed in removal proceedings under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a74 7l7 ,definitions ,in this section3 7#a7 ,accompanied noncitizen child ,the term accompanied noncitizen child means a noncitizen under #ah years of age who-- 7,a7 has no lawful immigration status in the ,united ,states2 and 7,b7 is apprehended while traveling with a parent1 adoptive parent1 or legal guardian4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#c7 ,danger of abuse or neglect at the hands of the parent1 legal guardian1 or nonparent family member ,the term danger of abuse or neglect at the hands of the parent1 legal guardian1 or nonparent family member shall not mean migrating to or crossing the ,united ,states border4 7#d7 ,nonparent family member ,with respect to an unaccompanied noncitizen child apprehended with a nonparent family member1 the term nonparent family member means an individual who is-- 7,a7 #ah years of age or older2 and 7,b7 a relative of such child1 including a grandparent1 aunt1 uncle1 first cousin1 sibling1 and fictive kin4 7#e7 ,unaccompanied noncitizen child ,the term unaccompanied noncitizen child has the meaning given the term unaccompanied alien child in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g774 7#f7 ,unaccompanied noncitizen child apprehended with a nonparent family member ,the term unaccompanied noncitizen child apprehended with a nonparent family member means an unaccompanied noncitizen child who is apprehended while traveling with a nonparent family member4 4 #ajc4 ,nonadversarial asylum processing for noncitizen children ,section #bjh7;b77#c77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#c77;,c77 is amended to read as follows3 7,c7 ,nonadversarial asylum processing for children ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall have jurisdiction over the asylum application of an individual who-- 7i7 has been classified as an unaccompanied noncitizen child 7as defined in section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb771 regardless of the age or marital status of the individual on the date on which he or she files an asylum application2 7ii7 was a child apprehended with a parent1 adoptive parent1 or legal guardian1 regardless of the age or marital status of the individual on the date on which he or she files an asylum application2 or 7iii7 is the parent or legal guardian of an individual described in clause 7ii74 4 #ajd4 ,standards for ,u4,s4 ,customs and ,border ,protection detention of noncitizen children 7a7 ,initial processing of noncitizen children and families with noncitizen children 7#a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection 7referred to in this title as the ,commissioner7 may only detain a noncitizen child for the purpose of initial processing4 7#b7 ,time limitation ,under no circumstance may the ,commissioner detain a family with a noncitizen child for more than #gb hours4 7b7 ,prioritization of best interests of the child and family unity ,in all decisions undertaken by the ,commissioner with respect to the detention of a noncitizen child1 the ,commissioner shall prioritize-- 7#a7 the best interests of the noncitizen child2 and 7#b7 in the case of a noncitizen child apprehended with a parent1 legal guardian1 or any other adult family member1 family unity4 #aje4 ,standards for ,u4,s4 ,customs and ,border ,protection facilities housing noncitizen children 7a7 ,in general ,a noncitizen child may not be housed in a ,u4,s4 ,customs and ,border ,protection facility that is not in compliance with this ,act or the amendments made by this ,act4 7b7 ,national ,standards on ,transport1 ,escort1 ,detention1 and ,search 7#a7 ,review ,not later than #ahj days after the date of the enactment of this ,act1 the ,commissioner1 in consultation with stakeholder organizations that serve immigrant and refugee children and families1 shall conduct a review of the ,u4,s4 ,customs and ,border ,protection standards entitled ,national ,standards on ,transport1 ,escort1 ,detention1 and ,search issued in ,october #bjae1 to identify necessary improvements with respect to the treatment and care of noncitizen children in ,u4,s4 ,customs and ,border ,protection custody4 7#b7 ,revision ,not later than #ij days after the date on which the review required by paragraph 7#a7 is completed1 the ,commissioner shall revise such standards to incorporate the improvements identified by the review4 7#c7 ,compliance ,not later than #ahj days after the revision under paragraph 7#b71 each ,u4,s4 ,customs and ,border ,protection facility that houses #a or more noncitizen children shall attain compliance with the revised standards4 7c7 ,facility requirements 7#a7 ,in general ,the ,commissioner shall ensure that each ,u4,s4 ,customs and ,border ,protection facility that houses #a or more noncitizen children is safe and sanitary and promotes an appropriate and healthy environment for children4 7#b7 ,children's area 7,a7 ,in general ,the ,commissioner shall ensure that each ,u4,s4 ,customs and ,border ,protection facility that houses #a or more noncitizen children includes a dedicated physical environment that is appropriate for children of all ages and stages of development 7referred to in this paragraph as a children's area74 7,b7 ,elements ,each children's area shall be colorful and include-- 7i7 low1 warm lights2 7ii7 child-sized furniture and equipment1 including developmentally appropriate books and toys that facilitate structured and unstructured play2 7iii7 child-friendly images and displays2 7iv7 a children's bathroom2 7v7 a diaper-changing area and access to sanitation2 7vi7 nursing chairs for breastfeeding mothers2 and 7vii7 an area in which children may sit and rest comfortably4 7,c7 ,staffing ,each children's area shall be staffed by #a or more individuals who are professionally trained and licensed to provide services to children1 including licensed childcare workers1 licensed pediatric health professionals1 and licensed child welfare professionals4 7#c7 ,medical screening and care 7,a7 ,in general ,the ,commissioner shall ensure that-- 7i7 except as provided in subparagraph 7,f77i71 not later than #f hours after the arrival of a noncitizen child at a ,u4,s4 ,customs and ,border ,protection facility1 the child receives a medical screening conducted by a licensed physician1 advanced practice provider1 nurse1 or physician's assistant in accordance with this paragraph2 7ii7 a noncitizen child in the custody of the ,commissioner shall have unrestricted access to appropriate medication for the management of an illness or injury of the child2 7iii7 in the case of such a child with a medical assistive device or other health care support item1 the noncitizen child1 or the parent1 legal guardian1 or other adult family member of the child1 is permitted unrestricted access to the device or item2 7iv7 on release from such custody1 a noncitizen child1 or the parent1 legal guardian1 or other adult family member of the child1 is provided with documentation of the child's medical screening and care1 including the need for any followup while in such custody1 in accordance with subparagraph 7,b77viii72 and 7v7 medication in possession of a noncitizen child1 or in the possession of the child's parent1 legal guardian1 or other adult family member1 on arrival shall not be destroyed or discarded before the review and determination under subparagraph 7,b77vi7 occur4 7,b7 ,duties of medical professional ,with respect to a medical screening required by subparagraph 7,a7 and the care of a noncitizen child at a ,u4,s4 ,customs and ,border ,protection facility1 a licensed physician1 advanced practice provider1 nurse1 or physician's assistant attending the child at the facility shall-- 7i7 assess and identify any illness1 condition1 or physical ailment2 7ii7 identify any acute condition or high-risk vulnerability2 7iii7 ensure that appropriate health care is provided to the child as necessary1 including pediatric and reproductive health care2 7iv7 in the case of a child under #ad years of age1 conduct a physical examination of the child in the presence of a parent1 legal guardian1 or family member2 7v7 in the case of a child who is #ad years of age or older-- 7,i7 provide the child with the choice of-- 7aa7 a physical examination in the presence of a parent1 legal guardian1 or other adult family member2 or 7bb7 a private physical examination without the presence of a parent1 legal guardian1 or other adult family member2 and 7,,ii7 conduct such examination in accordance with the child's preference2 7vi7 review any medication that is in the possession of the child on arrival to determine whether the medication shall be kept by the child or the child's parent1 legal guardian1 or other adult family member1 as applicable2 7vii7 in the case of a medication described in clause 7vi7 that may not be kept by the child or the child's parent1 legal guardian1 or other adult family member for medical storage purposes1 such as a medication that requires refrigeration1 ensure storage with appropriate access for the child's use while in ,u4,s4 ,customs and ,border ,protection custody2 and 7viii7 ensure that the medical screening and care under this paragraph1 and any other medical evaluation of or intervention for the child conducted while the child is in the custody of the ,commissioner1 is documented in accordance with commonly accepted standards in the ,united ,states for medical records documentation4 7,c7 ,procedures for medical screenings ,the ,commissioner shall establish procedures for medical screenings and examinations under this paragraph that are consistent with-- 7i7 relevant guidelines set forth in the ,american ,medical ,association ,code of ,medical ,ethics2 and 7ii7 the recommendations of the ,american ,academy of ,pediatrics and the ,american ,college of ,obstetricians and ,gynecologists4 7,d7 ,language services ,the ,commissioner shall ensure-- 7i7 the availability of in-person1 language-appropriate interpretation services1 including indigenous languages1 for each noncitizen child in the custody of the ,commissioner during any medical screening or examination2 and 7ii7 that noncitizen children in such custody are informed of the availability of such services4 7,e7 ,location of medical screenings ,the ,commissioner shall ensure that medical screenings1 examinations1 and any followup care under this paragraph are conducted in a location that-- 7i7 is private and provides a comfortable and considerate atmosphere for children2 7ii7 ensures each noncitizen child's dignity and right to privacy2 and 7iii7 contains all necessary and appropriate medical equipment and supplies1 including basic over-the-counter medications appropriate for all age groups4 7,f7 ,acute medical conditions 7i7 ,in general ,the ,commissioner shall ensure that any noncitizen child exhibiting symptoms of an acute medical condition1 or who is at risk for an acute medical condition1 receives immediate care from a licensed physician1 advanced practice provider1 nurse1 or physician's assistant4 7ii7 ,transfer to local health care facility 7,i7 ,in general ,if appropriate medical care cannot be provided for a noncitizen child described in clause 7i7 at a ,u4,s4 ,customs and ,border ,protection facility1 the ,commissioner shall expeditiously transfer the child to a local medical facility4 7,,ii7 ,accompaniment by family ,in the case of a noncitizen child transferred under subclause 7,i71 #a or more parents1 legal guardians1 or other adult family members1 siblings1 or fictive kin shall be permitted to accompany the child to such medical facility4 7iii7 ,ongoing availability of transportation ,the ,commissioner shall maintain-- 7,i7 appropriate transportation at each ,u4,s4 ,customs and ,border ,protection facility that houses #a or more noncitizen children to ensure the availability of transport to outside medical facilities in the case of a medical emergency2 or 7,,ii7 an on-call service to provide such transportation to such a facility within #cj minutes4 7,g7 ,rule of construction ,nothing in this paragraph shall be construed to require a noncitizen child1 parent1 legal guardian1 or nonparent family member to disclose the child's medical history4 7#d7 ,services and supplies ,the ,commissioner shall ensure that each ,u4,s4 ,customs and ,border ,protection facility that houses #a or more noncitizen children is in compliance with the following standards at all times3 7,a7 ,temperature ,the temperature inside the facility shall be maintained between #fh and #gc degrees ,fahrenheit4 7,b7 ,ventilation ,the facility shall comply with the most recent guidance issued by the ,centers for ,disease ,control and ,prevention with respect to ventilation in buildings to mitigate the spread of ,,covid-#ai4 7,c7 ,food and ,water 7i7 ,in general ,food shall be provided-- 7,i7 in a manner that follows ,federal food safety laws and regulations2 and 7,,ii7 according to the guidelines of the ,american ,association of ,pediatrics and the ,american ,college of ,obstetricians and ,gynecologists with respect to nutrition1 consistency1 calories1 and portion size1 consistent with the age of each child4 7ii7 ,meals and snacks 7,i7 ,arrival ,on arrival at the facility1 a child shall be provided with a healthy1 nutritious1 and culturally appropriate meal4 7,,ii7 ,meals ,meals shall-- 7aa7 be served daily to all noncitizen children for breakfast1 lunch1 and dinner1 of which not fewer than #b meals daily shall be served hot2 and 7bb7 include a variety of fresh fruit1 vegetables1 a protein1 and grains4 7,,iii7 ,snacks ,noncitizen children shall have unrestricted access to healthy snacks4 7,,iv7 ,limitation on unhealthful foods ,the availability of highly processed foods and sugars shall be limited4 7iii7 ,water ,each noncitizen child shall-- 7,i7 be provided with not less than #a gallon of drinking water or age-appropriate fluids daily2 and 7,,ii7 have unrestricted access to drinking water4 7iv7 ,accommodation ,a noncitizen child's individual dietary needs or restrictions shall be accommodated4 7v7 ,special considerations for infants and young children 7,i7 ,bottle feeding 7aa7 ,in general ,on arrival at a facility1 the parent1 legal guardian1 or other family member of a noncitizen child using a bottle for feeding shall be offered #b clean baby bottles1 a bottle brush1 dish soap1 and enough bottled water and baby formula for at least #c bottles4 7bb7 ,additional supplies ,additional baby formula and bottled water shall be provided on request of the parent1 legal guardian1 or other family member4 7,,ii7 ,breastfeeding ,in the case of any noncitizen child who is breastfeeding at the time of arrival at the facility-- 7aa7 continued breastfeeding shall be supported2 and 7bb7 the breastfeeding mother of each such noncitizen child shall be provided with privacy1 blankets1 a quiet area for breastfeeding1 a nursing chair1 and adequate amounts of food and water consistent with the dietary needs of a breastfeeding mother4 7,d7 ,hygiene 7i7 ,clothes and shoes ,each noncitizen child shall be provided with a set of clean clothes1 and on request1 a pair of shoes in good condition4 7ii7 ,showers 7,i7 ,in general ,each noncitizen child shall be provided access to a hot shower with a barrier for privacy4 7,,ii7 ,access ,a noncitizen child shall be provided access to additional hot showers on request4 7,,iii7 ,temperature ,hot water for a shower under this clause shall be set at a temperature consistent with the temperature required under childcare facility standards for childcare facilities licensed in the ,state in which the facility is located4 7iii7 ,menstruation supplies ,each female noncitizen child shall be offered immediately a supply of tampons and pads at no cost4 7iv7 ,diapering 7,i7 ,in general ,the parent1 legal guardian1 or other family member of each noncitizen child using diapers shall be provided immediately with #c size-appropriate diapers and a packet of diaper wipes4 7,,ii7 ,additional diapers ,additional diapers and diaper wipes shall be provided on request at no cost4 7,,iii7 ,diaper changing area ,the parent1 legal guardian1 or other family member of each such noncitizen child shall be provided-- 7aa7 access to a safe and sanitary area in which to change the child's diaper2 7bb7 a clean diaper changing pad2 and 7cc7 a handwashing station4 7v7 ,bathrooms ,each noncitizen child shall be provided access to bathrooms4 7,e7 ,sleep 7i7 ,mats1 blankets1 and pillows 7,i7 ,in general ,on arrival1 each noncitizen child shall be provided with a clean mat that is not less than #c inches thick1 a clean cloth blanket1 and a clean pillow4 7,,ii7 ,additional blankets ,a noncitizen child shall be provided with additional blankets on request by the child or the parent1 legal guardian1 or other family member of the child4 7ii7 ,quiet location ,on request or if there are signs of a noncitizen child feeling tired1 the child shall be provided with access to a quiet location in which to sleep that has dimmed lights4 7iii7 ,schedule ,between the hours of #i3jj p4m4 and #f3jj a4m4-- 7,i7 noncitizen children shall have access to lighting that is safe and conducive to sleep2 and 7,,ii7 noise shall be at a level conducive to sleep4 7,f7 ,recreation 7i7 ,in general ,noncitizen children shall have access to age-appropriate recreational activities1 including indoor and outdoor spaces for physical activity1 toys1 art supplies1 sports equipment1 and books4 7ii7 ,outdoor play ,noncitizen children shall be allowed to play outside for not less than #cj minutes every #c hours during daylight hours4 7,g7 ,religious practice ,noncitizen children shall be permitted to practice their religion or to not practice a religion1 as applicable4 7#e7 ,notice of rights 7,a7 ,in general ,the ,ombudsperson shall develop a notice of children's rights1 which shall be posted in each ,u4,s4 ,customs and ,border ,protection facility that houses children in any location in which noncitizen children are located4 7,b7 ,description of rights ,the notice required by subparagraph 7,a7 shall include-- 7i7 a description of-- 7,i7 all rights afforded to a noncitizen child under section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 and this ,act2 7,,ii7 the right to a bond redetermination hearing2 and 7,,iii7 existing mechanisms by which children may seek to enforce their rights2 and 7ii7 a list of free legal services providers and contact information for such providers4 7,c7 ,format and languages 7i7 ,in general ,such notice shall be-- 7,i7 written in a manner that is child friendly and age-appropriate2 and 7,,ii7 made available and posted in multiple languages1 including ,english1 ,spanish1 ,french1 ,hindi1 ,bengali1 ,punjabi1 ,swahili1 ,mandarin ,chinese1 ,russian1 ,standard ,arabic1 ,portuguese1 ,haitian ,creole1 ,k'iche'1 ,q'eqchi'1 ,kaqchikel1 ,mam1 ,q'anjob'al1 and ,ixil4 7ii7 ,additional languages ,the ,ombudsperson may require such notice to be made available and posted in any additional language the ,ombudsperson considers necessary based on the demographics of arriving noncitizen children4 7,d7 ,availability ,a child protection professional of the ,department of ,homeland ,security shall provide each noncitizen child with such notice on the child's arrival at the ,u4,s4 ,customs and ,border ,protection facility4 7d7 ,separation from unfamiliar adults 7#a7 ,in general ,except as provided in paragraph 7#b71 an unaccompanied noncitizen child in the custody of the ,commissioner shall be physically separated from any adult who is not related to the child4 7#b7 ,immediate separation not feasible ,in any circumstance in which such separation is not immediately feasible1 such as during transport to a ,u4,s4 ,customs and ,border ,protection facility1 an unaccompanied noncitizen child shall not be left alone with such an adult or detained with such an adult for more than #f hours4 7e7 ,staff training 7#a7 ,in general ,the ,commissioner shall ensure that-- 7,a7 the staff of each ,u4,s4 ,customs and ,border ,protection facility in which #a or more noncitizen children are housed receives training on responding to the needs of children and families exposed to trauma1 including training on-- 7i7 the principles and practices of trauma-informed care and psychological first aid2 7ii7 vicarious traumatization and secondary stress2 and 7iii7 recognizing the signs of a child in medical distress2 and 7,b7 every effort is made to ensure that the safety and well-being of noncitizen children in ,u4,s4 ,customs and ,border ,protection custody are satisfactorily provided for by facility staff4 7#b7 ,rulemaking 7,a7 ,in general ,the ,commissioner shall issue regulations that require ,border ,patrol and ,office of ,field ,operations officials to participate in regular training so as to ensure that such officials treat all individuals in their custody with dignity1 prevent abuse1 and ensure constitutionally guaranteed and humane conditions of confinement4 7,b7 ,elements ,the regulations required by subparagraph 7,a7 shall do the following3 7i7 ,prohibit ,u4,s4 ,customs and ,border ,protection officials from-- 7,i7 discussing immigration outcomes with detained individuals2 and 7,,ii7 using derogatory language towards individuals in their custody4 7ii7 ,address matters of child development1 mental health and trauma1 children with special needs1 cultural competency1 and any other matter the ,commissioner considers appropriate4 7iii7 ,require foreign language competency and interview protocols in cases in which interpretation is required4 7iv7 ,require continuing education in any subject necessary to ensure compliance with this ,act or the amendments made by this ,act4 7f7 ,monitoring and oversight 7#a7 ,in general ,compliance of ,u4,s4 ,customs and ,border ,protection facilities with this ,act and section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 shall be monitored by the ,ombudsperson1 in accordance with section #fja4 7#b7 ,posting of ,ombudsperson's contact information 7,a7 ,in general ,the ,commissioner shall post1 in each ,u4,s4 ,customs and ,border ,protection facility in which #a or more noncitizen children are housed1 the contact information for the ,ombudsperson in multiple languages1 including ,english1 ,spanish1 ,french1 ,hindi1 ,bengali1 ,punjabi1 ,swahili1 ,mandarin ,chinese1 ,russian1 ,standard ,arabic1 ,portuguese1 ,haitian ,creole1 ,k'iche'1 ,q'eqchi'1 ,kaqchikel1 ,mam1 ,q'anjob'al1 and ,ixil4 7,b7 ,additional languages ,the ,ombudsperson may require such contact information to be posted in any additional language the ,ombudsperson considers necessary based on the demographics of arriving noncitizen children4 7g7 ,age assessments 7#a7 ,in general ,any individual who claims to be under the age of #ah years shall be presumed to be so and shall be treated according to the law and standards applicable to noncitizen children in immigration custody1 unless following an age assessment1 it is established by clear and convincing evidence that the individual is #ah years of age or older4 7#b7 ,requirements 7,a7 ,in general ,an age assessment may only be conducted if the ,secretary or ,secretary of ,homeland ,security has recent1 credible1 and documented evidence that the individual concerned is #ah years of age or older4 7,b7 ,considerations ,if an age assessment is conducted1 the ,secretary and the ,secretary of ,homeland ,security shall take into consideration1 to the extent such information is readily available-- 7i7 written or photographic evidence2 7ii7 statements and representations of the individual concerned and of the family and community members who know such individual2 and 7iii7 the relevant cultural and ethnic context4 7,c7 ,prohibited methods ,the ,secretary or the ,secretary of ,homeland ,security may not-- 7i7 conduct any medical age assessment that consists of imaging studies1 such as bone or dental radiography1 dental examinations1 or height1 weight1 skin1 or sexual maturity ratings2 or 7ii7 rely on the physical appearance of a child to justify an age assessment4 7,d7 ,legal counsel 7i7 ,in general ,an individual with respect to whom an age assessment is conducted shall be provided with legal counsel before receiving such assessment and may not be removed before receiving such counsel4 7ii7 ,evidence ,legal counsel provided under clause 7i7 shall be provided with all evidence upon which the ,secretary or the ,secretary of ,homeland ,security relies to justify conducting an age assessment or to support an age assessment determination4 #ajf4 ,modification of term asylum officer to exclude officers of ,u4,s4 ,customs and ,border ,protection ,section #bce7;b77#a77;,e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,e77 is amended-- 7#a7 in clause 7i71 by striking 1 and and inserting a semicolon2 7#b7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7iii7 is employed by the ,refugee1 ,asylum1 and ,international ,operations ,directorate of ,u4,s4 ,citizenship and ,immigration ,services4 4 ,,ii ,standards for ,department of ,health and ,human ,services custody of unaccompanied noncitizen children ,a ,standards for foster care homes and childcare facilities #bja4 ,operation of foster care homes and childcare facilities 7a7 ,in general ,an entity contracted by the ,director to operate a childcare facility shall be licensed by an appropriate ,state agency to provide residential1 group1 or foster care services for dependent children4 7b7 ,operation as nonsecure facilities ,each foster care home operated by a ,state-licensed program contracted by the ,director to provide care for #a or more unaccompanied noncitizen children1 and each childcare facility1 including any facility for special needs noncitizen children1 shall be maintained as a nonsecure facility1 in accordance with applicable ,state law4 #bjb4 ,notice of rights 7a7 ,in general ,the ,ombudsperson shall develop a notice of children's rights in childcare facilities1 which shall be-- 7#a7 posted in each childcare facility in all locations in which unaccompanied noncitizen children are located2 and 7#b7 distributed to each unaccompanied noncitizen child on arrival at a childcare facility4 7b7 ,description of rights ,the notice required by subsection 7a7 shall include-- 7#a7 a description of-- 7,a7 all rights afforded to an unaccompanied noncitizen child under section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 and this ,act2 7,b7 the right to a bond redetermination hearing2 and 7,c7 existing mechanisms by which children may seek to enforce their rights2 and 7#b7 a list of free legal services providers and contact information for such providers4 7c7 ,format and languages 7#a7 ,in general ,such notice shall be-- 7,a7 written in a manner that is child friendly and age-appropriate2 and 7,b7 made available and posted in multiple languages1 including ,english1 ,spanish1 ,french1 ,hindi1 ,bengali1 ,punjabi1 ,swahili1 ,mandarin ,chinese1 ,russian1 ,standard ,arabic1 ,portuguese1 ,haitian ,creole1 ,k'iche'1 ,q'eqchi'1 ,kaqchikel1 ,mam1 ,q'anjob'al1 and ,ixil4 7#b7 ,additional languages ,the ,ombudsperson may require that such notice be made available and posted in any additional language the ,ombudsperson considers necessary based on the demographics of arriving noncitizen children4 7d7 ,orientation to role of ,office of the ,ombudsperson ,each ,state-licensed program that operates a childcare facility shall provide to each unaccompanied noncitizen child in its care-- 7#a7 information about the ,office of the ,ombudsperson2 and 7#b7 the contact information for the ,office of the ,ombudsperson4 #bjc4 ,staffing and training 7a7 ,federal field specialists ,the ,director shall-- 7#a7 maintain for each childcare facility a reasonable ,federal field specialist-to-unaccompanied noncitizen child ratio2 7#b7 hire additional ,federal field specialists as necessary to ensure that1 for the majority of unaccompanied noncitizen children in the custody of the ,secretary1 a decision regarding their release can be made by ,federal field specialists not later than #dh hours after the approval of a release recommendation to a sponsor2 and 7#c7 develop and manage a plan for expeditiously placing unaccompanied noncitizen children who have no identified sponsor in the least restrictive setting that most approximates a family4 7b7 ,case management specialists ,the ,director shall ensure that each ,state-licensed program that operates a childcare facility-- 7#a7 maintains a ratio of #h unaccompanied noncitizen children to each case management specialist2 7#b7 provides training for case management specialists that enables the ,department of ,health and ,human ,services to meet required timelines for the reunification of unaccompanied noncitizen children in accordance with section #bca7;c72 and 7#c7 develops accountability measures with respect to the adherence of case management specialists to such timelines4 7c7 ,contingency fund ,to address emergent needs 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,health and ,human ,services1 out of any money in the ,treasury not otherwise appropriated1 #df1ejj1jjj1 to remain available until expended1 for a contingency fund 7referred to in this section as the ,fund7 for the hiring of case management specialists as required by an influx or any other emergent situation for the purpose of facilitating the release process and minimizing the risk that childcare facilities reach full capacity4 7#b7 ,use of fund 7,a7 ,discretionary use ,the ,director may draw upon the ,fund to reduce the ratio to #f unaccompanied noncitizen children for each case management specialist if-- 7i7 the national utilization rate 7excluding funded but unplaceable beds and calculated as the number of filled beds divided by the number of beds available for placement1 expressed as a percentage7 reaches or exceeds #fe percent in any week2 or 7ii7 the ,director certifies to ,congress that the rate of increase in childcare facility usage1 as calculated by the ,director for purposes of section #fjb7;b77#c77;,f77i77,,vi71 has led the ,director to believe that such national utilization rate will reach #ij percent in any week during the subsequent #aj-week period4 7,b7 ,mandatory use ,the ,director shall draw upon the ,fund to reduce the ratio to #f unaccompanied noncitizen children for each case management specialist if such national utilization rate reaches or exceeds #ij percent in any week4 7d7 ,training 7#a7 ,in general ,with respect to the personnel of a ,state-licensed program that operates a childcare facility1 the ,director shall provide regular in-person training1 and a coaching plan with support for #cj days1 for such personnel who interact with unaccompanied noncitizen children1 including youth care workers1 that is-- 7,a7 specific to the age and gender of the unaccompanied noncitizen children at the specific childcare facility2 and 7,b7 consistent across the ,office of ,refugee ,resettlement's network of ,state-licensed programs4 7#b7 ,topics ,the training required by paragraph 7#a7 shall address the following topics3 7,a7 ,ethical standards of conduct based on accepted child welfare principles with respect to the care of unaccompanied noncitizen children4 7,b7 ,mental health and trauma4 7,c7 ,child development4 7,d7 ,prevention of sexual abuse and harassment4 7,e7 ,cultural humility4 7,f7 ,racial sensitivity4 7,g7 ,de-escalation techniques to avert unnecessary involvement of local law enforcement prior to exhaustion of alternative1 trauma-informed care1 treatment1 and restorative responses4 7,h7 ,disabilities4 7#c7 ,specific training for staff working with early childhood minors ,the ,director shall ensure that personnel who interact with unaccompanied noncitizen children who are early childhood minors receive specialized training relevant to the needs and capacities of such children4 7#d7 ,development of training materials ,the ,director1 in collaboration with stakeholders who have expertise in child migration1 child mental health1 and child development1 shall-- 7,a7 develop written1 audio1 or visual materials with which training under this subsection may be conducted2 and 7,b7 before distribution to personnel of such ,state-licensed programs1 provide the ,ombudsperson with such materials4 7#e7 ,department of ,health and ,human ,services staff ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall provide appropriate guidance and training for all ,department of ,health and ,human ,services employees with respect to the requirements of this ,act4 ,b ,services for unaccompanied noncitizen children #baa4 ,required services 7a7 ,provision of required services ,a ,state-licensed program that operates a childcare facility shall provide the following services for each unaccompanied noncitizen child in its care3 7#a7 ,on admission to the childcare facility1 a comprehensive orientation regarding-- 7,a7 the rights of the unaccompanied noncitizen child2 7,b7 the role of the ,state-licensed program2 7,c7 the services1 rules1 procedures1 and expectations of the ,state-licensed program2 and 7,d7 the availability of legal assistance4 7#b7 ,proper physical care and maintenance1 including suitable living accommodations1 food1 appropriate clothing1 and personal hygiene items4 7#c7 ,not later than #b business days after admission to the childcare facility1 a comprehensive medical examination that includes screening for infectious disease4 7#d7 ,appropriate1 ongoing1 and routine medical and dental care1 as prescribed by a licensed physician1 advanced practice provider1 nurse1 or physician assistant1 including-- 7,a7 reproductive health and family planning services2 7,b7 emergency health care services2 7,c7 immunizations in accordance with the ,centers for ,disease ,control and ,prevention guidelines2 7,d7 administration of prescribed medication and special diets2 and 7,e7 mental health screening and intervention1 including referrals4 7#e7 ,an individualized needs assessment1 which shall include the following3 7,a7 ,collection of essential data relating to the identification and history of the unaccompanied noncitizen child and family4 7,b7 ,identification of any special needs of the unaccompanied noncitizen child1 including any need that requires immediate intervention4 7,c7 ,an educational assessment and plan4 7,d7 ,an assessment of family relationships4 7,e7 ,a statement of religious preference and practice4 7,f7 ,an assessment of the personal goals1 strengths1 and weaknesses of the unaccompanied noncitizen child4 7,g7 ,collection of identifying information regarding immediate family members1 other relatives1 godparents1 or friends who may be residing in the ,united ,states and who may be able to assist in family reunification4 7#f7 ,a comprehensive individual plan for the care of the unaccompanied noncitizen child1 which shall be-- 7,a7 developed in accordance with the child's needs1 as determined by the individualized needs assessment under paragraph 7#e72 and 7,b7 implemented and closely coordinated through an operative case management system4 7#g7 ,education services1 as described in section #bac4 7#h7 ,recreational activities1 as described in section #bad4 7#i7 ,counseling services1 including-- 7,a7 not fewer than #b weekly individual counseling sessions conducted by licensed mental health professionals1 including social workers1 psychologists1 and psychiatric staff2 and 7,b7 not fewer than #a weekly group counseling session conducted by licensed mental health professionals1 including social workers1 psychologists1 or psychiatric staff4 7#aj7 ,acculturation and adaptation services1 including the provision of information regarding the development of social and interpersonal skills4 7#aa7 ,religious and spiritual services of the unaccompanied noncitizen child's choice1 if any4 7#ab7 ,case management services designed to identify relatives or prospective sponsors in the ,united ,states and ensure the quick release of the unaccompanied noncitizen child from the custody of the ,secretary4 7#ac7 ,visitation and contact with family members1 regardless of the immigration status of the family members4 ,an unaccompanied noncitizen child and family members of such a child shall be provided with a private1 confidential space to meet in during such visitation4 ,the ,secretary of ,homeland ,security may not pursue enforcement actions against such family members during or immediately before or after such visitation4 7#ad7 ,telephone and video access for contacting parents1 family members1 and caregivers1 in a private space that ensures confidentiality1 at no cost to the unaccompanied noncitizen child1 family member1 or caregiver4 ,an unaccompanied noncitizen child shall be permitted such access not fewer than #d times weekly for a period of not less than #cj minutes each time4 7#ae7 ,a reasonable right to privacy1 including the right of the unaccompanied noncitizen child-- 7,a7 to wear the child's own clothes1 as available2 7,b7 to retain a private space in the childcare facility for the storage of personal belongings2 7,c7 to talk privately on the telephone1 as permitted by the rules and regulations of the ,state-licensed program2 7,d7 to visit privately with guests1 as permitted by such rules and regulations2 and 7,e7 to receive and send uncensored correspondence4 7#af7 ,legal services information regarding the availability of free legal assistance1 the right to be represented by counsel1 screenings and legal orientation presentations1 and facilitated1 confidential access to counsel1 as described in title ,,iv4 7b7 ,considerations for provision of services ,a ,state-licensed program that operates a childcare facility shall provide the services described in subsection 7a7 in a manner that is sensitive to the age1 culture1 native language1 and complex needs of each unaccompanied noncitizen child4 7c7 ,rules and discipline standards 7#a7 ,in general ,the rules and discipline standards of such a ,state-licensed program shall be-- 7,a7 formulated with consideration given to the age ranges1 developmental stages1 and degree of trauma experienced by the unaccompanied noncitizen children in the applicable childcare facility2 and 7,b7 culturally sensitive to the needs of such children4 7#b7 ,prohibited measures ,such a ,state-licensed program may not subject any unaccompanied noncitizen child to-- 7,a7 corporal punishment1 physical or chemical restraint1 seclusion1 humiliation1 verbal or mental abuse1 or punitive interference with the daily functions of living1 such as eating1 sleeping1 or bathroom access2 or 7,b7 any disciplinary measure that-- 7i7 adversely affects the health or physical or psychological well-being of the unaccompanied noncitizen child2 or 7ii7 denies an unaccompanied noncitizen child regular meals1 water1 sleep1 exercise1 medical care1 correspondence privileges1 legal assistance1 education1 recreation1 bathroom access1 or any other service described in subsection 7a74 7d7 ,recordkeeping 7#a7 ,individual case records ,the operator of each childcare facility and influx facility shall develop1 maintain1 and safeguard individual client case records on each unaccompanied noncitizen child in care at the facility4 7#b7 ,confidentiality ,the operator of each childcare facility and influx facility shall develop and maintain a system of accountability that preserves the confidentiality of client information and protects such records from unauthorized use or disclosure in accordance with section #hjd4 7#c7 ,reporting ,the operator of each childcare facility and influx facility shall maintain adequate records and make regular reports1 as required by the ,ombudsperson1 that permit the ,ombudsperson to monitor and enforce this ,act1 the amendments made by this ,act1 and any other requirement or standard determined by the ,ombudsperson to be in the best interests of unaccompanied noncitizen children4 #bab4 ,evaluation for disability 7a7 ,in general ,the ,director shall provide unaccompanied noncitizen children who present an indication of a disability with an evaluation for services under section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 and provide unaccompanied noncitizen children with disabilities with services 7including accommodations7 through an individualized plan that includes a plan for prompt release4 7b7 ,records ,any record of a screening or an evaluation conducted under this section1 and any record related to a decision with respect to the release of an unaccompanied noncitizen child with a disability1 shall be maintained separately from the unaccompanied noncitizen child's immigration file 7commonly known as an ,a-,file74 #bac4 ,education 7a7 ,curriculum 7#a7 ,state standards ,a ,state-licensed program shall provide educational instruction to unaccompanied noncitizen children using a curriculum that-- 7,a7 includes access to physical education1 art1 and other electives2 and 7,b7 is consistent with the licensing and academic standards of the ,state in which the ,state-licensed program is located4 7#b7 ,basic academic areas ,the basic academic areas covered by such curriculum shall include science1 social studies1 math1 reading1 and writing4 7b7 ,licensing and certification requirements 7#a7 ,in general ,teachers1 administrators1 counselors1 and support staff providing education to unaccompanied noncitizen children at a childcare facility shall-- 7,a7 meet local and ,state certification or licensure requirements2 and 7,b7 in the case of an unaccompanied noncitizen child in custody for a period longer than #fj days or who was previously attending school in the ,united ,states1 ensure that the child receives transferable credit4 7c7 ,instruction 7#a7 ,in general ,educational instruction at a childcare facility shall be-- 7,a7 appropriate to the level of development and communication skills of an unaccompanied noncitizen child2 and 7,b7 provided in a structured classroom setting on a weekly basis ,monday through ,friday4 7#b7 ,class size ,an unaccompanied noncitizen child may not be placed in a class in which the teacher-to-student ratio exceeds the applicable ,state maximum ratio4 7d7 ,language access and educational environment ,the educational program at a childcare facility shall-- 7#a7 include instruction and reading materials1 educational and otherwise1 in the primary languages of the unaccompanied noncitizen children at the childcare facility2 and 7#b7 be provided in an emotionally1 culturally1 and physically safe environment4 7e7 ,individual education program ,a ,state-licensed program that operates a childcare facility shall provide any eligible unaccompanied noncitizen child who is a child with a disability 7as defined in section #fjb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja77 with special education and related services pursuant to an individualized education program that is developed for the unaccompanied noncitizen child and is consistent with the requirements provided under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja et seq474 7f7 ,other educational opportunities ,the educational program of such a ,state-licensed program shall include educational opportunities addressing personal1 social1 emotional1 intellectual1 and employment skills4 #bad4 ,recreation 7a7 ,in general ,a ,state-licensed program that operates a childcare facility shall provide recreational opportunities that meet or exceed-- 7#a7 the guidelines of the ,department of ,health and ,human ,services entitled #bjah ,physical ,activity ,guidelines for ,americans2 and 7#b7 the guidelines of the ,president's ,council on ,sports1 ,fitness1 and ,nutrition4 7b7 ,activities 7#a7 ,in general ,activities for recreation and leisure time1 which shall include daily outdoor activity1 weather permitting1 shall include-- 7,a7 not less than #a hour daily of large-muscle activity2 and 7,b7 not less than #a hour daily of structured leisure time activities1 which shall not include time spent watching television or video4 7#b7 ,days on which school is not in session ,the periods scheduled for activities described in paragraph 7#a7 shall be increased to a total of #c hours daily on any day on which school is not in session4 7#c7 ,language-appropriate reading materials ,a ,state-licensed program shall provide appropriate reading materials in the primary languages of unaccompanied noncitizen children for use during leisure time4 ,c ,placement of children #bba4 ,phasing out large congregate care facilities 7a7 ,definition of large congregate care facility ,in this section1 the term large congregate care facility means a facility intended to house more than #be individuals at a time4 7b7 ,phaseout 7#a7 ,in general ,beginning on the date that is #b years after the date of the enactment of this ,act-- 7,a7 the ,director may not place an unaccompanied noncitizen child in a large congregate care facility2 and 7,b7 no ,federal funds shall be made available for the purpose of-- 7i7 housing an unaccompanied noncitizen child in such a facility2 or 7ii7 placing an unaccompanied noncitizen child in any congregate care facility for a period longer than #ad days4 7#b7 ,exception ,paragraph 7#a7 shall not apply to any of the following3 7,a7 ,an influx facility4 7,b7 ,a setting specializing in prenatal1 postpartum1 or parenting support for youth4 7,c7 ,a supervised independent living setting under the post-#ah program described in section #bdc7;c74 7,d7 ,a program addressing the needs of victims of trafficking4 7,e7 ,a qualified residential treatment program specifically designed to meet the needs of a child with serious emotional or behavioral health needs4 7c7 ,plan required 7#a7 ,in general ,the ,director shall develop a plan to eliminate the use of large congregate care facilities by the date that is #b years after the date of the enactment of this ,act4 7#b7 ,elements ,the plan required by paragraph 7#a7 shall include the following3 7,a7 ,specific measures the ,director will take to eliminate the use of such facilities4 7,b7 ,performance benchmarks that require the ,director to place unaccompanied noncitizen children in compliant congregate care facilities as follows3 7i7 #be percent of such children not later than the date that is #a year after the date of the enactment of this ,act4 7ii7 #ge percent of such children not later than #ede days after such date of enactment4 7iii7 #ajj percent of such children not later than #b years after such date of enactment4 7#c7 ,submittal to ,congress ,not later than #ij days after the date of the enactment of this ,act1 the ,director shall submit to ,congress the plan developed under paragraph 7#a74 7d7 ,transitional support for nongovernmental organizations ,to the extent that the transition to childcare facilities housing #be unaccompanied noncitizen children or fewer affects nongovernmental organizations that provide services to such children1 the ,director shall increase funding to such organizations-- 7#a7 to prevent a disruption or decrease in services2 7#b7 to establish centralized locations for unaccompanied noncitizen children to receive services from such organizations2 and 7#c7 to increase funding for representation of released children4 #bbb4 ,least restrictive setting ,an unaccompanied noncitizen child in the custody of the ,secretary shall be placed in the least restrictive setting that most approximates a family and in which the child's special needs1 if any1 may be met consistent with the best interests and special needs of the child4 #bbc4 ,foster family care 7a7 ,preference for foster family care 7#a7 ,in general ,with respect to an unaccompanied noncitizen child in the custody of the ,secretary1 the ,director shall make active efforts to place the child in the least restrictive setting that most approximates a family and in which the child's special needs1 if any1 may be met4 7#b7 ,additional consideration ,such an unaccompanied noncitizen child shall be placed within reasonable proximity to the location of the child's immigration proceedings1 taking into account any special needs of the child before placing the child in a childcare facility4 7b7 ,transitional foster care 7#a7 ,in general ,an unaccompanied noncitizen child whose length of care in the custody of the ,secretary is anticipated to be not more than #cj days shall be eligible for a transitional foster care placement in a family home licensed to provide such shorter term care4 7#b7 ,priority ,the ,director shall prioritize for placement in transitional foster care the following categories of unaccompanied noncitizen children3 7,a7 ,unaccompanied noncitizen children under #ac years of age4 7,b7 ,sibling groups with #a or more siblings who are under #ac years of age4 7,c7 ,unaccompanied noncitizen children who are pregnant or parenting4 7,d7 ,unaccompanied noncitizen children with special needs1 including any unaccompanied noncitizen child with a disability4 7c7 ,stays expected ,to extend more than #cj days 7#a7 ,in general ,an unaccompanied noncitizen child whose length of care in the custody of the ,secretary is anticipated to be more than #cj days1 or a noncitizen who entered the custody of the ,secretary as a child and who has reached the age of #ah years1 shall be eligible for a long-term foster care placement in the least restrictive setting that most approximates a family and in which the child's best interests and any special needs may be met4 7#b7 ,contracting requirements ,the ,director shall-- 7,a7 seek to enter into #a or more contracts with ,state-licensed foster care providers for the provision of long-term foster care placements for all eligible unaccompanied noncitizen children2 and 7,b7 ensure that such providers accept unaccompanied noncitizen children for placement in a timely manner4 7d7 ,access to foster care for children with disabilities or mental or behavioral health-,related needs 7#a7 ,in general ,the ,director shall-- 7,a7 ensure access to transitional and long-term foster care placements for unaccompanied noncitizen children notwithstanding-- 7i7 disabilities2 7ii7 behavioral concerns or involvement in the juvenile justice system2 7iii7 prior incident reports2 or 7iv7 prior or current restrictive placements 7as defined in section #bbf72 and 7,b7 seek to enter into #a or more contracts with foster care providers that have the documented capacity and commitment to accept children regardless of disabilities or mental or behavioral health-related needs4 7#b7 ,equal access 7,a7 ,in general ,an unaccompanied noncitizen child with mental or behavioral health-related needs who does not pose a documented1 imminent threat to himself or herself1 to others1 or to the community shall be eligible for1 and shall be provided equal access to1 a foster care placement4 7,b7 ,eligibility for transfer ,if such a child is in a restrictive placement1 he or she shall be eligible for direct transfer to a foster care placement4 7#c7 ,limitation on refusal of placement ,a ,state-licensed program that operates a childcare facility may not refuse placement of an unaccompanied noncitizen child based on a disability or a mental or behavioral health-related need absent individualized documentation that-- 7,a7 ,state licensing requirements bar acceptance of the specific unaccompanied noncitizen child based on the child's individual needs2 and 7,b7 a request for a variance from such a requirement has been denied or is unavailable under ,state law4 7e7 ,background checks 7#a7 ,in general ,the ,director shall ensure that a ,federal ,bureau of ,investigation background check and1 in any applicable ,state1 a child abuse or neglect registry check1 has been conducted for each resident of a foster care placement for an unaccompanied noncitizen child4 7#b7 ,limitation on denial of placement ,a criminal history of a resident of a potential foster care placement shall not be the basis for a denial of the foster care placement for an unaccompanied noncitizen child unless the ,director demonstrates that such history-- 7,a7 includes a conviction for child abuse or trafficking2 or 7,b7 7i7 is less than #aj years old2 and 7ii7 has a direct and immediate impact on the safety of the unaccompanied noncitizen child4 #bbd4 ,additional requirements relating to children with disabilities and children with mental health needs 7a7 ,prioritization of release ,the ,director shall prioritize the release to sponsors of unaccompanied noncitizen children with disabilities so that such children may receive1 in the community rather than in immigration custody1 evidence-based1 trauma-informed services tailored to their needs4 7b7 ,access to services while in custody ,in the case of an unaccompanied noncitizen child with disabilities who cannot be expeditiously released1 the ,director shall provide access to any necessary service in the least restrictive integrated setting possible until a family-based placement is secured4 7c7 ,support ,the ,director shall support unaccompanied noncitizen children with disabilities by-- 7#a7 contracting with a range of placements so as to ensure that integrated settings are available for such children2 7#b7 providing resources to support placement1 such as by connecting providers with community-based services or assisting with licensing variances2 and 7#c7 developing and delivering trauma-informed disability-related training to all frontline care provider staff1 in collaboration with stakeholders who have expertise in serving children with disabilities4 7d7 ,network capacity ,not less than #ge percent of all childcare facilities and foster care placements shall have appropriate ,state licensing and documented capability to house unaccompanied noncitizen children with disabilities4 #bbe4 ,minimizing transfers 7a7 ,in general ,the ,director shall-- 7#a7 minimize transfer of unaccompanied noncitizen children among childcare facilities and between short-term and long-term foster care placements2 and 7#b7 ensure that-- 7,a7 the ,ombudsperson tracks any third or subsequent transfer of a child between childcare facilities or placements2 7,b7 unaccompanied noncitizen children remain in the least restrictive settings that most approximate a family2 and 7,c7 unaccompanied noncitizen children who are siblings are housed together in the same childcare facility unless there is an extraordinary need for specialized care1 such as inpatient health care services4 7b7 ,notice 7#a7 ,in general ,in the case of an unaccompanied noncitizen child who is transferred to another childcare facility or foster family home placement1 not less than #dh hours before the transfer occurs1 the ,director shall-- 7,a7 notify the child in a language and format the child understands2 and 7,b7 notify and provide a justification for the transfer to the child's sponsor1 legal counsel or local legal services provider1 and child advocate1 as applicable4 7#b7 ,exception 7,a7 ,in general ,paragraph 7#a7 shall not apply in an unusual and compelling circumstance1 such as-- 7i7 a circumstance in which-- 7,i7 the safety of the unaccompanied noncitizen child or any other individual is threatened2 or 7,,ii7 the child has previously attempted to abscond from custody2 or 7ii7 a case in which the unaccompanied noncitizen child's legal counsel has waived notice under that paragraph4 7,b7 ,notice after transfer ,in the case of a circumstance or waiver described in subparagraph 7,a71 notice shall be provided to the unaccompanied noncitizen child's legal counsel or local legal services provider1 and child advocate1 as applicable1 not later than #bd hours after the transfer4 7c7 ,possessions and legal papers ,the ,director shall ensure that any unaccompanied noncitizen child is transferred with all of his or her possessions and legal papers4 #bbf4 ,restrictive placements 7a7 ,definitions ,in this section3 7#a7 ,restrictive placement ,the term restrictive placement means-- 7,a7 a staff-secure facility2 7,b7 a therapeutic staff-secure facility2 and 7,c7 a placement in any setting other than a childcare facility1 an influx facility1 or licensed foster care placement4 7#b7 ,therapeutic childcare facility ,the term therapeutic childcare facility means a-- 7,a7 congregate care facility for the purpose of rehabilitation or residential treatment2 and 7,b7 an out-of-network facility or group home the staff of which has specialized training to care for children and adolescents with significant emotional1 behavioral1 social1 or medical needs4 7b7 ,placement review hearings for transfers to restrictive placements 7#a7 ,in general ,in the case of transfer of an unaccompanied noncitizen child to a restrictive placement1 the ,director shall provide an administrative placement review hearing conducted in accordance with sections #eed through #eeg of title #e1 ,united ,states ,code4 7#b7 ,notice 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,director shall provide written notice of intent to transfer an unaccompanied noncitizen child to a restrictive placement to the child concerned and the child's legal counsel and child advocate4 7,b7 ,exception ,the ,director may transfer an unaccompanied noncitizen child to a restrictive placement without providing notice under subparagraph 7,a7 only if the ,director has a reasonable belief1 based on clearly articulable facts1 that the child is a present1 imminent danger to himself or herself or to others4 7,c7 ,elements ,a notice required by subparagraph 7,a7 shall include1 in a language and format the unaccompanied noncitizen child understands1 the following3 7i7 ,the time1 date1 and location of the hearing under paragraph 7#a74 7ii7 ,a description of the individualized allegations relied on by the ,director in support of such transfer1 including all supporting evidence4 7iii7 ,an explanation that the unaccompanied noncitizen child-- 7,i7 has a right to contest such transfer at such hearing2 and 7,,ii7 may submit additional evidence1 including witness testimony4 7#c7 ,timing of hearing ,a hearing under this subsection shall occur not less than-- 7,a7 #gb hours after the unaccompanied noncitizen child concerned receives notice under paragraph 7#b72 and 7,b7 #e business days before the transfer to the restrictive placement is scheduled to occur4 7#d7 ,procedural matters 7,a7 ,neutral fact finder ,a hearing under this subsection shall be presided over by a neutral fact finder who-- 7i7 is not an employee of the ,office of ,refugee ,resettlement2 and 7ii7 has expertise in child welfare4 7,b7 ,rights of child 7i7 ,in general ,at a hearing under this subsection1 an unaccompanied noncitizen child shall have-- 7,i7 the right to counsel2 and 7,,ii7 the right and opportunity to confront1 inspect1 and rebut the evidence alleged to justify the transfer to a restrictive placement4 7ii7 ,waiver of presence ,with the assistance of counsel1 an unaccompanied noncitizen child may waive his or her presence at a hearing under this subsection4 7,c7 ,availability of ,office of ,refugee ,resettlement records ,the ,director shall disclose to the unaccompanied noncitizen child concerned and the legal counsel and child advocate of the child1 as applicable1 the child's entire case file and all evidence supporting the determination to transfer the child to a restrictive placement-- 7i7 not later than #bd hours after such determination is made2 and 7ii7 not less than #b days before the date of the hearing under this subsection4 7,d7 ,interpretation services ,an interpreter in the preferred language of the unaccompanied noncitizen child shall be made available for a hearing under this subsection4 7,e7 ,burdens of production and proof ,the ,director shall have the burden of production and the burden of proof1 by clear and convincing evidence1 to establish that-- 7i7 the unaccompanied noncitizen child is a present danger to himself or herself or to others2 7ii7 a restrictive placement is consistent with the best interests of the child2 7iii7 there is no viable alternative to a restrictive placement to ensure the best interests of the child2 and 7iv7 the child's placement in a facility that is not a restrictive placement would not provide the services or resources necessary4 7,f7 ,record of proceedings ,the record of proceedings for a hearing under this subsection1 and all related documentation-- 7i7 shall be maintained separately and apart from the unaccompanied noncitizen child's immigration file 7commonly called the ,a-,file72 and 7ii7 shall not form any part of1 and shall not be relied upon1 in any removal proceedings or any adjudication carried out by ,u4,s4 ,citizenship and ,immigration ,services1 including with respect to final decisions and discretionary factors4 7#e7 ,written decision 7,a7 ,in general ,not later than #b business days before the date on which the unaccompanied noncitizen child concerned is scheduled to be transferred to a restrictive placement1 the fact finder shall issue a written decision approving or denying such transfer1 which shall be binding on the ,office of ,refugee ,resettlement4 7,b7 ,consideration of best interest recommendation ,in making a decision on such a transfer1 the fact finder shall consider1 and respond in writing to1 the recommendation of the child advocate of the unaccompanied noncitizen child concerned4 7,c7 ,elements ,a written decision under this paragraph shall-- 7i7 set forth a detailed1 specific1 and individualized justification for the decision2 and 7ii7 notify the unaccompanied noncitizen child of the child's-- 7,i7 right to placement review hearings under subsection 7e72 7,,ii7 right to seek review of the decision by the ,ombudsperson under paragraph 7#f72 and 7,,iii7 right to seek judicial review of the decision4 7,d7 ,language access ,the decision shall be made available in a language and in a format the unaccompanied noncitizen child understands4 7,e7 ,submission to ,ombudsperson ,not later than #gb hours after a decision in a placement review hearing is issued under this paragraph1 the fact finder shall submit the decision to the ,ombudsperson4 7#f7 ,review by ,ombudsperson 7,a7 ,in general ,on request by an unaccompanied noncitizen child or the legal counsel or child advocate of the child1 the ,ombudsperson shall carry out a review of a decision under paragraph 7#e71 which shall be completed not later than #ae days after the date on which the request for review is made4 7,b7 ,recommendation 7i7 ,in general ,in carrying out a review under this paragraph1 the ,ombudsperson may make a recommendation with respect to whether such decision should be modified4 7ii7 ,finding of erroneous decision 7,i7 ,in general ,if the ,ombudsperson determines that the decision under paragraph 7#e7 was erroneous1 the ,ombudsperson shall submit to the ,director a recommendation for further action4 7,,ii7 ,written statement 7aa7 ,in general ,if the ,director declines to follow the recommendation of the ,ombudsperson1 the ,director shall provide a detailed written justification to the child1 the prospective sponsor1 the legal counsel and the child advocate of the child1 and the legal counsel of the prospective sponsor1 as applicable4 7bb7 ,nondelegation ,the ,director may not delegate the requirement to issue such a written statement to any other individual4 7c7 ,limitations on placement in secure facilities and staff-,secure facilities 7#a7 ,in general ,the ,director may not place an unaccompanied noncitizen child in a staff-secure facility based solely on a risk of self-harm or behavior related to the child's trauma or mental health that could be addressed in a less restrictive setting with additional accommodations or rehabilitative care4 7#b7 ,secure facilities ,the ,director may never hold or place an unaccompanied noncitizen child in a secure facility4 7#c7 ,staff-secure facilities 7,a7 ,in general ,the ,director may only hold or place an unaccompanied noncitizen child in a staff-secure facility if-- 7i7 there is clear and convincing evidence that the child poses a serious and imminent danger to others at the time of placement2 7ii7 upon holistic review of the child's file1 there is clear and convincing evidence that the assessed danger does not stem from the child's trauma or mental health conditions2 and 7iii7 even with additional accommodations and de-escalation measures1 the child cannot be adequately cared for in a less restrictive setting or rehabilitative care4 7,b7 ,duration ,the ,director may only hold an unaccompanied noncitizen child in a staff-secure facility under subparagraph 7,a7 during the period in which the ,director can demonstrate that the conditions described in that subparagraph exist4 7,c7 ,transfer ,the ,director shall consider transfer of the child to a less restrictive placement as soon as these requirements are no longer met1 even if the child has been in the placement for less than #cj days4 7#d7 ,prohibition on placement in ,u4,s4 ,immigration and ,customs ,enforcement facilities ,the ,director may not place any accompanied noncitizen child or unaccompanied noncitizen child in-- 7,a7 a ,u4,s4 ,immigration and ,customs ,enforcement facility2 or 7,b7 a facility operated by contract with ,u4,s4 ,immigration and ,customs ,enforcement4 7d7 ,placement in therapeutic childcare facilities 7#a7 ,limitation ,the ,director may place an unaccompanied noncitizen child in a therapeutic childcare secure facility only if-- 7,a7 the unaccompanied noncitizen child has received a detailed1 individualized evaluation by a licensed psychologist or psychiatrist who is experienced in the care of children2 and 7,b7 the mental health professional conducting the evaluation under subparagraph 7,a7 has determined that-- 7i7 the child poses a substantial risk of harm to himself or herself or to others2 7ii7 such placement is in the best interests of the child2 and 7iii7 even with additional accommodations or rehabilitative care1 at the time of placement1 the child cannot be adequately cared for in a less restrictive setting until the child receives services provided in such a placement4 7#b7 ,preference for community-based therapeutic foster care ,before placing an unaccompanied noncitizen child in a therapeutic childcare facility1 the ,director shall first seek to place the child in a family-based therapeutic foster care placement4 7#c7 ,applicability of other provisions ,the procedures relating to transfers1 notice1 and placement review hearings under this title apply equally to unaccompanied noncitizen children placed in residential treatment centers and other therapeutic childcare facilities4 7#d7 ,services to be provided 7,a7 ,evaluation 7i7 ,in general ,an unaccompanied noncitizen child placed in a therapeutic childcare facility shall be evaluated by a licensed psychologist or psychiatrist who is experienced in the care of children4 7ii7 ,report ,the mental health professional conducting the evaluation under clause 7i7 for an unaccompanied noncitizen child shall-- 7,i7 issue a written report that sets forth-- 7aa7 the reasons for such placement2 7bb7 treatment goals2 and 7cc7 a plan specific to the child for transition to a less restrictive setting2 and 7,,ii7 make such report available to the unaccompanied noncitizen child and the child advocate of the child4 7,b7 ,access to counsel ,the operator of a residential treatment center or any other therapeutic childcare facility for unaccompanied noncitizen children shall provide access to-- 7i7 legal services2 and 7ii7 existing legal counsel and child advocates of such children1 as applicable4 7e7 ,monthly review hearing 7#a7 ,in general ,not less frequently than monthly1 each unaccompanied noncitizen child in a restrictive placement shall be afforded a placement review hearing to determine whether continued placement in the restrictive placement is appropriate4 7#b7 ,conduct of hearings ,a hearing under this subsection shall be conducted in accordance with the procedures and standards for placement review hearings under subsection 7b74 7#c7 ,report by mental health provider ,with respect to an unaccompanied noncitizen child who is in a therapeutic childcare facility not later than #e days before a hearing under this subsection1 a licensed psychologist or psychiatrist who is experienced in the care of children shall submit to the fact finder a detailed report on the mental health needs of the unaccompanied noncitizen child concerned4 7#d7 ,written decision 7,a7 ,in general ,the fact finder shall issue a written decision continuing or terminating the restrictive placement of the unaccompanied noncitizen child concerned1 which shall be binding on the ,office of ,refugee ,resettlement4 7,b7 ,consideration of best interest recommendation ,in making a decision on such placement1 the fact finder shall consider-- 7i7 the best interest recommendation of the child advocate with respect to the unaccompanied noncitizen child concerned2 and 7ii7 the findings contained in the report submitted under paragraph 7#c74 7,c7 ,elements ,a written decision under this paragraph shall-- 7i7 set forth a detailed1 specific1 and individualized justification for the decision2 and 7ii7 notify the unaccompanied noncitizen child of-- 7,i7 the right to further placement review hearings under this subsection2 and 7,,ii7 the right to seek judicial review of the decision4 7,d7 ,language access ,the decision shall be made available in a language and in a format the unaccompanied noncitizen child understands4 7#e7 ,record of proceedings ,the record of proceedings for a hearing under this subsection1 and all related documentation-- 7,a7 shall be maintained separately and apart from the unaccompanied noncitizen child's immigration file 7commonly called the ,a-,file72 and 7,b7 shall not form any part of1 and shall not be relied upon1 in any removal proceedings or any adjudication carried out by ,u4,s4 ,citizenship and ,immigration ,services1 including with respect to final decisions and discretionary factors4 7f7 ,placement of unaccompanied noncitizen children with disabilities in restrictive placements 7#a7 ,in general ,an unaccompanied noncitizen child who is receiving services under section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 shall not be placed in a facility that does not have access to such services4 7#b7 ,needs determination 7,a7 ,in general ,before placing such an unaccompanied noncitizen child in a restrictive setting1 the ,director shall make a determination as to whether the needs of the child can be met in a more integrated setting4 7,b7 ,elements ,a determination under subparagraph 7,a7 shall include-- 7i7 an identification of the relevant trauma-informed1 evidence-based services and accommodations that have been identified as potentially relevant2 7ii7 a description of any such service or accommodation that has been provided and the period of time in which the service or accommodation has been provided2 7iii7 if any such service or accommodation has been ineffective1 an assessment of the reason2 and 7iv7 an assessment of whether additional services or accommodations could be provided at the child's current placement4 7#c7 ,services available in a less restrictive placement 7,a7 ,in general ,if services are identified that have the potential to maintain such an unaccompanied noncitizen child in a less restrictive placement1 the ,director shall ensure that the child receives such services before the ,director considers a transfer to a restrictive placement4 7,b7 ,identification of services and accommodations 7i7 ,in general ,for each such unaccompanied noncitizen child1 at each placement review hearing under subsection 7e71 the ,director shall explicitly identify services and accommodations that could be made available in a less restrictive placement4 7ii7 ,justification ,a recommendation by the ,director against placing such an unaccompanied noncitizen child in a less restrictive placement shall be supported by specific documentation as to the reasons that1 even with such accommodations1 the child cannot be safely placed in a less restrictive placement4 7#d7 ,independent review 7,a7 ,in general ,in the case of such an unaccompanied noncitizen child whom the ,director intends to transfer to a restrictive placement1 before the child's placement review hearing1 the decision to so transfer shall be reviewed by an independent third-party licensed psychologist or psychiatrist who is experienced in the care of children in accordance with a standardized process for evaluating the data and presented rationale1 including a consideration of accommodations that could avoid the need for restrictive placement4 7,b7 ,continued restrictive placement ,in the case of such an unaccompanied noncitizen child in a restrictive placement whom the ,director does not intend to transfer to a less restrictive placement1 before the child's next placement review hearing1 the decision shall be reviewed by an independent third-party licensed psychologist or psychiatrist who is experienced in the care of children1 in accordance with a standardized process for evaluating the data and presented rationale1 including a consideration of accommodations that could avoid the need for restrictive placement4 7,c7 ,report ,not later than #de days after conducting a review under this paragraph1 the independent third-party mental health professional shall issue a written report describing the results of the review to the fact finder1 the child concerned1 the legal counsel and child advocate of such child1 and the ,director4 #bbg4 ,judicial review of placement 7a7 ,in general ,an unaccompanied noncitizen child or the parent1 legal guardian1 or prospective sponsor of such a child may seek judicial review in a district court of the ,united ,states of-- 7#a7 a determination with respect to the type of childcare facility in which the child is placed2 or 7#b7 a sponsorship determination4 7b7 ,venue ,venue for judicial review under subsection 7a7 may be found in-- 7#a7 the district in which the original childcare facility in which the unaccompanied noncitizen child concerned was placed is located2 or 7#b7 the district in which the childcare facility to which the unaccompanied noncitizen child was transferred is located4 7c7 ,limited review ,review under this section shall be limited to entering an order solely affecting the individual claims of the unaccompanied noncitizen child or the parent1 legal guardian1 or prospective sponsor seeking such review4 7d7 ,agency exercise of discretion reviewed de novo ,the exercise of discretion by the ,secretary or the ,secretary of ,homeland ,security in making a placement decision reviewed under this section shall be reviewed de novo4 7e7 ,bond redetermination ,an unaccompanied noncitizen child in removal proceedings shall be afforded a bond redetermination hearing before an immigration judge in every case1 unless the child indicates on the notice of custody determination form that he or she waives the right to such a hearing4 ,d ,family reunification and standards relating to sponsors #bca4 ,family reunification efforts by ,office of ,refugee ,resettlement 7a7 ,in general ,during the period in which an unaccompanied noncitizen child is in the custody of the ,secretary1 the ,director shall-- 7#a7 provide individualized1 onsite case management and family reunification services2 7#b7 ensure that-- 7,a7 a case manager contacts the child not later than #dh hours after the child is transferred to the custody of the ,secretary2 and 7,b7 in the case of case manager reassignment1 the case manager reassigned to the child contacts the child not later than #bd hours after such reassignment2 7#c7 make and document prompt1 active1 and continuous efforts towards family reunification and release2 and 7#d7 work diligently-- 7,a7 to review family reunification applications from prospective sponsors2 and 7,b7 to assist prospective sponsors in completing such applications and complying with sponsor requirements4 7b7 ,preference for release ,the ,director may release an unaccompanied noncitizen child from the custody of the ,secretary to a sponsor who is1 in the order of preference1 any of the following3 7#a7 ,a parent4 7#b7 ,a legal guardian4 7#c7 ,an adult relative4 7#d7 ,an adult individual1 or an entity1 designated by the parent or legal guardian of the unaccompanied noncitizen child as capable and willing to care for the child's well-being1 which designation is supported by-- 7,a7 a declaration signed by the parent or legal guardian under penalty of perjury before an immigration or consular officer2 or 7,b7 such other document that makes such a designation and establishes the affiant's parentage or guardianship4 7#e7 ,a licensed program willing to accept legal custody of the child4 7#f7 ,an adult individual or entity seeking custody of the child4 7c7 ,timelines for reunification ,the ,director shall use the information collected under1 and data requirements described in1 section #fjb7;b7-- 7#a7 to determine the characteristics that exert significant effect on the reunification of unaccompanied noncitizen children with a sponsor2 7#b7 to establish categories of children who exhibit such characteristics1 which categories shall distinguish between-- 7,a7 7i7 children released to parents or legal guardians2 and 7ii7 children released to other sponsors2 and 7,b7 7i7 children who have home studies mandated by section #bce of the ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb72 7ii7 children granted home studies through the discretion of the ,director2 and 7iii7 other children2 7#c7 to establish timelines for reunification appropriate to each such category of children2 7#d7 to monitor ongoing reunification efforts for compliance with such timelines2 and 7#e7 to identify systematic barriers to release for children in such categories4 7d7 ,systematic barriers ,to release ,the ,director shall eliminate any administrative hindrance identified as a systemic barrier to release under subsection 7c77#d74 7e7 ,expedited reunification of early childhood minors ,the ,director shall develop procedures to facilitate the expedited reunification of unaccompanied noncitizen children who are early childhood minors with family members seeking to serve as sponsors4 7f7 ,limitation on remote services ,case management and family reunification services may only be provided remotely for unaccompanied noncitizen children housed in an influx facility or a childcare facility activated for use during an influx4 7g7 ,recordkeeping ,the ,director shall maintain a written record of the efforts made by the ,office of ,refugee ,resettlement to reunify and release each unaccompanied noncitizen child in the custody of the ,secretary4 #bcb4 ,standards relating to sponsors 7a7 ,procedures and protections 7#a7 ,in general ,the ,director shall not impose sponsor requirements 7including application deadlines and requests for information or documentation about prospective sponsors1 the household members of prospective sponsors1 or other individuals7 that do not have a substantial and direct impact on child safety4 7#b7 ,nondiscrimination ,in reviewing an application for sponsorship1 the ,director may not rely on the national origin1 immigration status1 language1 religion1 sexual orientation1 sex 7including gender identity or gender expression71 color1 or race of the child concerned or of the prospective sponsor to delay or deny the application4 7#c7 ,prohibition on certain reasons for sponsorship denial ,a prospective sponsor may not be denied sponsorship solely due to-- 7,a7 poverty1 use of public assistance1 lack of employment or health insurance1 or past or current health conditions that do not have a substantial and direct impact on child safety2 7,b7 absence of a pre-existing relationship with the unaccompanied noncitizen child concerned2 or 7,c7 immigration status4 7#d7 ,legal rights of prospective sponsors 7,a7 ,in general ,in making decisions about the sponsorship of an unaccompanied noncitizen child1 the ,director shall-- 7i7 take into consideration the legal rights of any parent1 legal guardian1 or family member who is seeking sponsorship of the child2 and 7ii7 ensure that ,office of ,refugee ,resettlement processes for ensuring the child's safe release do not interfere with such rights4 7,b7 ,parents ,a parent shall not be denied reunification with their child absent a determination supported by clear and convincing evidence that custody of the child by the parent is likely to result in serious emotional or physical damage to the child4 7#e7 ,assessment required 7,a7 ,in general ,the ,director may only release an unaccompanied noncitizen child to an individual or a licensed program for whom a prospective sponsor assessment has been completed1 consistent with the requirements of section #bce7;c77#c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c77#c774 7,b7 ,elements ,a sponsor assessment shall include-- 7i7 a completed family reunification application2 and 7ii7 consideration of the wishes and concerns of the unaccompanied noncitizen child concerned4 7,c7 ,opportunity to address concerns ,a prospective sponsor shall be afforded the opportunity to address any concern raised during the sponsor assessment process before the prospective sponsor's application is denied4 7,d7 ,background checks 7i7 ,in general ,fingerprint-based checks of national crime information databases 7as defined in section #ecd7;f77#c7 of title #bh1 ,united ,states ,code7 may be requested for prospective sponsors if a public records check of the sponsor reveals safety concerns or there is a documented risk to the safety of the child4 7ii7 ,limitation ,the criminal history of the prospective sponsor1 or a household member of the prospective sponsor1 shall not be a basis for denial of sponsorship unless the ,director demonstrates that such history includes a conviction for child abuse or trafficking1 or is less than #aj years old and would have a direct and immediate impact on the safety of the unaccompanied noncitizen child concerned4 7#f7 ,safeguards 7,a7 ,in general ,the ,director shall implement safeguards to prevent any information obtained in the course of the sponsor assessment process from being used for any purpose other than assessing the sponsor's fitness to care for an unaccompanied noncitizen child4 7,b7 ,applicability ,such safeguards shall apply regardless of the outcome of the prospective sponsor's application4 7#g7 ,annual evaluation 7,a7 ,in general ,not less frequently than annually1 the ,director shall conduct an evaluation of ,office of ,refugee ,resettlement policies and practices to determine whether such policies and practices create unnecessary barriers to release or result in delays in unaccompanied noncitizen children's prompt release to sponsors4 7,b7 ,submission to ,ombudsperson ,the ,director shall submit each evaluation conducted under subparagraph 7,a7 to the ,ombudsperson4 7b7 ,sponsorship determination 7#a7 ,in general ,not later than #g days after the date on which the ,director receives a family reunification application from a prospective sponsor1 the ,director shall make a determination with respect to whether the unaccompanied noncitizen child concerned may be placed with the sponsor4 7#b7 ,consideration of effect of denial ,in making a determination under paragraph 7#a71 the ,director shall take into consideration the effect a denial of the application1 and continued immigration custody for the unaccompanied noncitizen child concerned1 would have on-- 7,a7 the health and well-being of the child2 and 7,b7 in the case of a prospective sponsor who is a parent1 legal guardian1 or a family member of the child1 the right of the parent1 legal guardian1 or family member to the care and custody of the child4 7#c7 ,sponsorship hearing 7,a7 ,in general ,the ,director shall provide an opportunity for an administrative hearing1 conducted in accordance with sections #eed through #eeg of title #e1 ,united ,states ,code1 in the case of-- 7i7 a determination that a prospective sponsor is not fit to receive the unaccompanied noncitizen child concerned2 or 7ii7 failure by the ,director to make a determination on a family reunification application within the timeframe set forth in paragraph 7#a74 7,b7 ,notice 7i7 ,in general ,not later than #bd hours after a determination or failure described in subparagraph 7,a71 the ,director shall provide notice of such a hearing to-- 7,i7 the unaccompanied noncitizen child2 7,,ii7 the legal counsel and the child advocate of such child2 7,,iii7 the prospective sponsor2 and 7,,iv7 the legal counsel of such prospective sponsor4 7ii7 ,elements ,the notice required under clause 7i7 shall include1 in a language the unaccompanied noncitizen child and the prospective sponsor understand1 the following3 7,i7 ,the time1 date1 and location of the hearing4 7,,ii7 ,notice with respect to the availability of transportation to the hearing for the child and the prospective sponsor under subparagraph 7,e77i74 7,,iii7 ,in the case of a determination that the prospective sponsor is unfit-- 7aa7 the justification for such determination2 and 7bb7 a description of any supporting evidence and information4 7,,iv7 ,in the case of a failure to make a timely determination1 a justification for such failure4 7,v7 ,notification that the unaccompanied noncitizen child and prospective sponsor may submit additional evidence1 including witness testimony1 in support of the family reunification application at or before the hearing4 7,c7 ,limitation on ,office of ,refugee ,resettlement evidence ,in a hearing under this paragraph1 the ,director may only submit evidence and information that is described on the notice provided under subparagraph 7,b74 7,d7 ,timing of hearing 7i7 ,in general ,except as provided in clause 7ii71 a hearing under this paragraph shall occur not less than #g days and not more than #ad days after the date on which notice under subparagraph 7,b7 is provided4 7ii7 ,request for additional time ,such a hearing may occur on a date that is more than #ad days after the date such notice is provided if the prospective sponsor requests additional time4 7,e7 ,presence at hearing 7i7 ,transportation ,on request by the unaccompanied noncitizen child or the prospective sponsor1 the ,director shall facilitate the transportation of the child and the prospective sponsor to a centralized location for the hearing4 7ii7 ,waiver of child's presence ,with the assistance of counsel1 an unaccompanied noncitizen child may waive the child's presence at a hearing under this paragraph4 7iii7 ,virtual hearing ,an unaccompanied noncitizen child may request a virtual hearing under this paragraph and waive the right to an in-person hearing4 7,f7 ,procedural matters 7i7 ,neutral fact finder ,a hearing under this paragraph shall be presided over by a neutral fact finder who-- 7,i7 is not an employee of the ,office of ,refugee ,resettlement2 and 7,,ii7 has expertise in child welfare4 7ii7 ,child and sponsor rights ,at a hearing under this paragraph1 an unaccompanied noncitizen child and the child's prospective sponsor shall have-- 7,i7 the right to counsel2 and 7,,ii7 the right and opportunity to confront1 inspect1 and rebut the evidence alleged to justify a determination by the ,director that the prospective sponsor is unfit4 7iii7 ,interpretation services ,an interpreter in the preferred language of the unaccompanied noncitizen child and the prospective sponsor shall be made available for a hearing under this paragraph4 7iv7 ,burdens of production and proof ,the ,director shall have the burden of production and the burden of proof1 by clear and convincing evidence1 to establish that-- 7,i7 placement with the prospective sponsor is likely to result in serious emotional or physical damage to the child2 and 7,,ii7 continued ,office of ,refugee ,resettlement custody is the least restrictive setting that is in the best interests of the child4 7v7 ,record of proceedings ,the record of proceedings for a hearing under this paragraph1 and all related documentation-- 7,i7 shall be maintained separately and apart from the unaccompanied noncitizen child's immigration file 7commonly called the ,a-,file72 and 7,,ii7 shall not form any part of1 and shall not be relied upon1 in any removal proceedings or any adjudication carried out by ,u4,s4 ,citizenship and ,immigration ,services1 including with respect to final decisions and discretionary factors4 7,g7 ,written decision 7i7 ,in general ,not later than #b business days after the date of a hearing under this paragraph1 the fact finder shall-- 7,i7 issue a written decision ordering the release of the unaccompanied noncitizen child to the prospective sponsor or denying such release1 which shall be binding on the ,office of ,refugee ,resettlement2 and 7,,ii7 provide the written decision to-- 7aa7 the child and the prospective sponsor2 and 7bb7 the legal counsel and the child advocate of the child and the legal counsel of the prospective sponsor1 as applicable4 7ii7 ,denials ,in the case of a denial of release to the prospective sponsor1 the decision shall-- 7,i7 set forth detailed1 specific1 and individualized reasoning for such denial2 and 7,,ii7 notify the child and prospective sponsor of their right to seek review of the decision by the ,ombudsperson under subparagraph 7,h74 7iii7 ,language access ,the decision shall be made available in a language and in a format the unaccompanied noncitizen child and the prospective sponsor understand4 7,h7 ,review by ,ombudsperson 7i7 ,in general ,on request by an unaccompanied noncitizen child1 the legal counsel or prospective sponsor of such child1 or the legal counsel of such prospective sponsor1 the ,ombudsperson shall carry out a review of a decision under subparagraph 7,g71 which shall be completed not later than #ae days after the date on which the request for review is made4 7ii7 ,recommendation 7,i7 ,in general ,in carrying out a review under this subparagraph1 the ,ombudsperson may make a recommendation on the placement or sponsorship of the unaccompanied noncitizen child concerned4 7,,ii7 ,finding of erroneous decision 7aa7 ,in general ,if the ,ombudsperson determines that the decision under subparagraph 7,g7 was erroneous1 the ,ombudsperson shall submit to the ,director a recommendation for further action4 7bb7 ,written statement 7,,aa7 ,in general ,if the ,director declines to follow the recommendation of the ,ombudsperson1 the ,director shall provide a detailed written justification to the child1 the prospective sponsor1 the legal counsel and the child advocate of the child1 and the legal counsel of the prospective sponsor1 as applicable4 7,,bb7 ,nondelegation ,the ,director may not delegate the requirement to issue such a written statement to any other individual4 7,i7 ,judicial review ,an unaccompanied noncitizen child or a prospective sponsor may obtain judicial review of a decision under subparagraph 7,g7 in a district court of the ,united ,states4 7,j7 ,continued efforts by ,office of ,refugee ,resettlement ,during the pendency of a hearing under this paragraph1 and any review of a decision resulting from such a hearing under subparagraph 7,h7 or 7,i71 the ,director shall continue to seek alternative prospective sponsors for the unaccompanied noncitizen child concerned4 #bcc4 ,special considerations relating to release of children with disabilities 7a7 ,in general ,the ,director may not delay the release of an unaccompanied noncitizen child based solely on a pending evaluation for services under section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7b7 ,supporting evidence required for determination not ,to release ,a determination by the ,director not to release an unaccompanied noncitizen child receiving services under such section based on a prospective sponsor's inability to meet the needs of the child shall be supported by evidence of efforts by the ,director to educate1 and provide concrete resources and support to1 the prospective sponsor through the provision of post-release services4 7c7 ,release to parents ,the ,director may not deny the reunification of an unaccompanied noncitizen child receiving services under such section with his or her parent absent a determination supported by clear and convincing evidence that-- 7#a7 custody of the child by the parent is likely to result in serious emotional or physical damage to the child2 and 7#b7 continued ,office of ,refugee ,resettlement custody is the least restrictive setting that is in the best interests of the child4 7d7 ,review 7#a7 ,in general ,with respect to a determination by the ,director not to release an unaccompanied noncitizen child receiving services under such section based on an assessment that the child is a danger to himself or herself or to others1 a review of such determination shall be carried out by an independent third-party licensed psychologist or psychiatrist who is experienced in the care of children before the date on which the sponsorship hearing under section #bcb7;b77#c7 occurs4 7#b7 ,procedure ,a review under paragraph 7#a7 shall-- 7,a7 be carried out using a standardized method for evaluating the data and shall include the rationale for denying release2 and 7,b7 consider the availability of assistive services or technology that could be provided to the unaccompanied noncitizen child concerned if he or she were released4 7#c7 ,availability ,such a review shall be made in writing and made available to the unaccompanied noncitizen child and the child's legal counsel before the date on which a sponsorship hearing under section #bcb7;b77#c7 occurs4 7e7 ,office of ,refugee ,resettlement support for sponsors ,with respect to children with disabilities released from the custody of the ,secretary1 the ,director shall support and assist sponsors in accessing and coordinating post-release community-based services and support or technology1 to the extent such services and support are available4 7f7 ,alternative placement ,if a sponsor is not identified for an unaccompanied noncitizen child who receives services under section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 the ,director shall make every effort to place the child in therapeutic foster care1 foster care1 or the ,unaccompanied ,refugee ,minor program4 ,e ,release #bda4 ,procedures for release 7a7 ,in general ,the ,secretary shall release an unaccompanied noncitizen child from the custody of the ,secretary-- 7#a7 without unnecessary delay2 and 7#b7 as quickly as may be safely accomplished4 7b7 ,provision of records on release ,on release from the custody of the ,secretary1 including in circumstances of repatriation1 the ,director shall provide unaccompanied noncitizen children and their sponsors1 as applicable1 the unaccompanied noncitizen child's complete ,office of ,refugee ,resettlement case file and records1 including-- 7#a7 documentation that details the child's medical and educational status1 progress1 and any related evaluations2 7#b7 information relating to any special needs of the child2 and 7#c7 any other information relevant to promoting the child's well-being after release4 7c7 ,prescription medication ,the ,director shall ensure that unaccompanied noncitizen children prescribed medication are released with not less than a #fj-;day supply of their medication and information from a physician regarding continuing or discontinuing the medication4 7d7 ,transportation ,expenses incurred in transporting unaccompanied noncitizen children and their sponsors for the purpose of the release of the child shall be paid by the ,office of ,refugee ,resettlement4 7e7 ,prohibition on ,secretary taking child back into custody 7#a7 ,in general ,after the release of an unaccompanied noncitizen child from the custody of the ,secretary to a sponsor1 the ,secretary may not take the child back into custody4 7#b7 ,reporting to ,state child welfare agency ,with respect to a child released from such custody1 if the ,director becomes aware of a concern related to suspected abuse or neglect in a sponsor's care1 the ,director may report such concerns to the applicable ,state child welfare agency4 #bdb4 ,post-release services 7a7 ,required in limited circumstances 7#a7 ,in general ,the ,director may not uniformly require post-release services to be in place before releasing an unaccompanied noncitizen child to a sponsor4 7#b7 ,case management specialist determination ,the ,director may only require post-release services to be in place before releasing an unaccompanied noncitizen child to a sponsor if1 after conducting an individualized assessment of the particular needs of the child1 the case management specialist makes a determination that the child would be at risk of imminent physical or emotional harm if post-release services were not in place before such release4 7b7 ,expansion ,the ,director shall provide post-release services to unaccompanied noncitizen children1 including by-- 7#a7 providing active assistance with school enrollment2 7#b7 supporting sponsors in obtaining necessary medical records1 including vaccination and medication records1 from the period during which the unaccompanied noncitizen children were in the custody of the ,secretary2 7#c7 ensuring access to family reunification and medical support services1 including support and trauma-informed counseling for the family and mental health counseling1 through direct provision of such services or through partnerships and referrals to services in the community2 and 7#d7 ensuring that sponsors of children with special medical needs receive ,office of ,refugee ,resettlement support in accessing appropriate medical care4 #bdc4 ,individuals attaining #ah years of age 7a7 ,presumption of release on recognizance 7#a7 ,in general ,if an individual in the custody of the ,secretary is not released to a sponsor before the individual attains the age of #ah years1 there shall be a presumption that the individual shall be released on an order of recognizance4 7#b7 ,rebuttal ,the ,secretary of ,homeland ,security shall bear the burden of proof1 by clear and convincing evidence1 in overcoming the presumption under paragraph 7#a7 and in demonstrating that such an individual is not eligible to be released on an order of recognizance4 7#c7 ,alternatives to detention 7,a7 ,in general ,in the case of an individual aging out of the custody of the ,secretary who is not eligible to be released on an order of recognizance1 the individual shall be eligible to participate in noncustodial alternatives to detention programs provided by the ,department of ,health and ,human ,services1 including placement with an individual1 an organizational sponsor1 or a supervised group home with supportive services to facilitate access to educational and occupational opportunities4 7,b7 ,placement preferences ,the categories of placements available to an individual described in subparagraph 7,a7 shall be the following1 in order of preference3 7i7 ,the least restrictive family-based setting1 including long-term foster care4 7ii7 ,an independent living program4 7iii7 ,a childcare facility that meets the particular needs of the individual4 7#d7 ,continuation of services ,the ,director shall ensure that an individual released on an order of recognizance under this subsection is provided with-- 7,a7 continued access to counseling1 case management1 legal counsel1 and other support services during the pendency of the individual's immigration proceedings2 and 7,b7 information on applying for special immigrant juvenile status under section #aja7;a77#bg77;,j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,j771 and resources to assist the individual with applying for such status4 7b7 ,post-#ah plan for individuals aging out of custody 7#a7 ,in general ,the ,director shall develop a post-#ah plan for each unaccompanied noncitizen child entering ,office of ,refugee ,resettlement custody who-- 7,a7 is over the age of #ag years and #f months2 or 7,b7 is not likely to be released to a sponsor before attaining #ah years of age4 7#b7 ,elements ,each plan under paragraph 7#a7 shall include the following3 7,a7 ,an investigation into organizational sponsors and social support services4 7,b7 ,coordination with the ,secretary of ,homeland ,security to ensure the release of the unaccompanied noncitizen child on his or her own recognizance if release to an organizational or individual sponsor is not successful4 7c7 ,post-#ah program ,with respect to an individual in the custody of the ,secretary who attains #ah years of age before reunification1 placement with a sponsor1 or adjudication with respect to immigration status1 the ,director may extend ,office of ,refugee ,resettlement custody for a period ending not later than the date on which the individual attains #ba years of age1 if the individual-- 7#a7 7,a7 has not been reunified but has a family member available for reunification2 7,b7 has an identified sponsor2 7,c7 has been admitted to long-term foster care or a residential treatment center2 or 7,d7 otherwise does not have reunification options but has not yet been adjudicated with respect to immigration status by a local court in the applicable jurisdiction2 and 7#b7 solely at his or her discretion1 without coercion and on the recommendation of his or her case manager1 elects to remain in ,office of ,refugee ,resettlement custody in the post-#ah program until the date on which1 as applicable-- 7,a7 the screening process for reunification is completed and the individual is reunified with a family member or placed with a sponsor2 or 7,b7 the individual is adjudicated with respect to immigration status in a local court in the applicable jurisdiction1 receives relief from removal1 and enters an applicable program for unaccompanied refugee minors4 7d7 ,consideration relating to ,u4,s4 ,immigration and ,customs ,enforcement custody ,in considering a sponsorship application for an unaccompanied noncitizen child who may attain #ah years of age in the custody of the ,secretary1 the ,director shall consider the potential for1 and impact of1 trauma and the risk to the safety and well-being of the child if the child were to be transferred to the custody of ,u4,s4 ,immigration and ,customs ,enforcement on attaining such age4 7e7 ,prohibition on detention and removal ,an individual who was in the custody of the ,secretary as an unaccompanied noncitizen child shall not be apprehended1 arrested1 transferred1 or taken into the custody of ,u4,s4 ,immigration and ,customs ,enforcement1 or removed from the ,united ,states1 based solely on having attained #ah years of age4 7f7 ,continued access to due process1 legal relief1 and housing ,an individual who entered the ,united ,states as a child shall not lose the opportunity for due process and potential legal relief1 or access to community-based housing1 based solely on having attained the age of #ah years4 #bdd4 ,custody review by ,ombudsperson 7a7 ,in general ,if an unaccompanied noncitizen child1 the legal counsel or prospective sponsor of such child1 or the legal counsel of such prospective sponsor has reasonable cause to believe that the child should have been released1 the child1 the prospective sponsor1 or such legal counsel may request an investigation by the ,ombudsperson4 7b7 ,notification of lengthy custody ,in the case of any unaccompanied noncitizen child who remains in the custody of the ,secretary for #de days or more1 the ,director shall-- 7#a7 notify the ,ombudsperson of such continued custody2 and 7#b7 provide the ,ombudsperson a complete copy of the ,office of ,refugee ,resettlement case file and a detailed explanation for such continued custody4 ,,iii ,emergencies and influxes #cja4 ,sense of ,congress ,it is the sense of ,congress that before opening or expanding an influx facility1 the ,secretary and the ,director should explore all other avenues for placing an unaccompanied noncitizen child in the least restrictive1 ,state-licensed setting that most approximates a family and in which the special needs of the child1 if any1 may be met consistent with the best interests and special needs of the child4 #cjb4 ,definitions ,in this title3 7#a7 ,emergency ,the term emergency means an event of limited duration1 such as a natural disaster1 facility fire1 civil disturbance1 or medical concern4 7#b7 ,operational capacity ,the term operational capacity means the net bed capacity of ,office of ,refugee ,resettlement facilities and other housing operated by ,state-licensed programs for unaccompanied noncitizen children4 #cjc4 ,placement 7a7 ,in general ,in the event of an emergency or influx that prevents the prompt placement of unaccompanied noncitizen children in childcare facilities1 the ,director-- 7#a7 shall make every effort-- 7,a7 to place arriving unaccompanied noncitizen children in other ,state-licensed programs2 and 7,b7 to release unaccompanied noncitizen children from other programs as expeditiously as possible2 and 7#b7 may not house an unaccompanied noncitizen child in an influx facility or any other emergency or temporary facility for more than #bj days4 7b7 ,transfer to licensed facility 7#a7 ,in general ,except as provided in paragraph 7#b71 in the case of an unaccompanied noncitizen child for whom release to a sponsor within #bj days of placement in an influx facility is not possible1 the ,director shall transfer the child to a childcare facility4 7#b7 ,exception ,the ,director may not transfer a child under paragraph 7#a7 if the transfer would prolong the child's total length of custody by more than #bd hours4 7c7 ,limitation on transfer to influx facility ,the ,director may not transfer to an influx facility any unaccompanied noncitizen child-- 7#a7 for whom-- 7,a7 the influx facility would be the first shelter placement for the child on arrival in the ,united ,states2 7,b7 a prospective sponsor has not been identified2 or 7,c7 such transfer would delay release by more than #bd hours2 or 7#b7 who-- 7,a7 has been identified by the ,director as-- 7i7 having a prospective sponsor who is not a parent1 a legal guardian1 or an immediate relative2 or 7ii7 not having any identified prospective sponsor2 7,b7 is younger than #af years of age2 7,c7 is part of a sibling group in the custody of the ,secretary of which #a or more siblings are younger than #af years of age2 7,d7 speaks a language other than ,english or ,spanish as his or her primary language2 7,e7 has special needs2 7,f7 is currently prescribed psychotropic medication2 7,g7 is pregnant or parenting2 7,h7 will attain #ah years of age on a date that is not more than #cj days after the proposed date of transfer to the influx facility2 7,i7 is scheduled to be released on a date that is not more than #c days after the proposed date of the transfer2 7,j7 has a pending home study2 7,k7 has not received a legal orientation presentation or a legal screening2 7,l7 has a date scheduled for a hearing before an immigration court or a ,state court1 including family and juvenile court2 7,m7 has a pending application for relief from removal2 7,n7 has legal counsel2 or 7,o7 has a child advocate4 7d7 ,family groups ,the ,director shall ensure that-- 7#a7 unaccompanied noncitizen children with siblings or other relatives under the age of #ah in the custody of the ,secretary are not separated from each other2 and 7#b7 such family groups have unlimited visitation with each other in influx facilities4 #cjd4 ,planning for emergencies and influxes 7a7 ,plan required ,not later than #ahj days after the date of the enactment of this ,act1 the ,director shall develop a plan for-- 7#a7 maintaining and expanding emergency capacity in licensed foster care homes and small congregate care facilities for housing unaccompanied noncitizen children so as to eliminate the need for influx facilities2 and 7#b7 in the case of an emergency or influx1 placing unaccompanied noncitizen children with sponsors as expeditiously as possible4 7b7 ,supplemental placement list 7#a7 ,in general ,the ,director shall develop and maintain a supplemental placement list of facilities that have1 in the aggregate1 not fewer than #bjj beds available to accept unaccompanied noncitizen children in the case of an emergency or influx1 which shall be in addition to the number of beds available for placements under normal circumstances4 7#b7 ,licensing and compliance ,any facility on the supplemental placement list shall be-- 7,a7 licensed in the ,state in which it is located2 and 7,b7 in compliance with all standards and procedures applicable to ,state-licensed programs under this ,act4 7#c7 ,elements ,the supplemental placement list shall include1 for each facility1 the following3 7,a7 ,the name of the facility4 7,b7 ,the number of beds available in the facility in the case of an emergency or influx4 7,c7 ,the name and telephone number of #a or more contact persons1 including a contact person for nights1 holidays1 and weekends4 7,d7 ,any limitation on categories of child the facility may accept1 such as age categories4 7,e7 ,a description of any special service available4 7#d7 ,appropriate community services ,to the extent practicable1 the ,director shall attempt to include on the supplemental placement list facilities located in geographic areas in which culturally and linguistically appropriate community services are available4 7#e7 ,high capacity at childcare facilities ,if the operational capacity of all childcare facilities and foster care placements reaches or exceeds #ge percent for a period of #c consecutive days1 the ,director shall contact the facilities on the supplemental placement list to determine the number of available supplemental placements4 7c7 ,need for supplemental placements exceeding capacity ,if the number of unaccompanied noncitizen children in need of placement in the case of an emergency or influx exceeds the available appropriate placements on the supplemental placement list1 the ,director shall-- 7#a7 locate additional placements through ,state-licensed programs and nonprofit child and family services agencies providing placement services2 and 7#b7 expedite the reunification and release of unaccompanied noncitizen children from ,u4,s4 ,customs and ,border ,protection custody4 #cje4 ,influx facility standards and staffing 7a7 ,operation of influx facilities ,in the event that the operation of an influx facility cannot be avoided1 the ,director may operate an influx facility in accordance with this section4 7b7 ,standards 7#a7 ,in general ,an influx facility that does not meet the standards described in this subsection may not be used to house any child1 and children housed at such an influx facility shall be transferred out of the influx facility immediately4 7#b7 ,first day of operation ,on the first day of operation1 an influx facility shall be in compliance with-- 7,a7 the staffing ratio requirements1 case management requirements1 telephone call access1 legal services access1 education and recreation requirements1 and medical and mental health services requirements that apply to childcare facilities2 and 7,b7 the facility standards under the ,prison ,rape ,elimination ,act of #bjjc 7#cd ,u4,s4,c4 #cjcja et seq474 7#c7 ,within #cj days ,not later than #cj days after the date on which an influx facility commences operation1 the influx facility shall achieve compliance with all standards set forth in title ,,ii1 including ,state licensing standards4 7c7 ,contractor standards ,the ,director may not enter into a contract with any entity to operate an influx facility1 unless the entity has each of the following3 7#a7 ,demonstrated experience in providing services for unaccompanied noncitizen children or children in foster care4 7#b7 ,a plan for placement of children for whom no sponsor has been identified4 7#c7 ,a plan for-- 7,a7 identifying1 and immediately notifying the ,director with respect to1 any child believed to have been erroneously transferred to1 or in care at1 the influx facility contrary to the limitations set forth in paragraphs 7#a7 and 7#b7 of section #cjc7;c72 and 7,b7 not later than #aj days after identifying such a child1 transferring the child to an appropriate placement4 7#d7 ,an emergency plan that includes protection against transmission of ,,covid-#ai and other infectious diseases1 including a plan-- 7,a7 to provide regular testing for any applicable disease2 7,b7 to comply with service standards for quarantine with respect to any such disease that mirror the services and guidance for children and congregate care settings recommended by the ,centers for ,disease ,control and ,prevention2 and 7,c7 to ensure access to immunizations for unaccompanied noncitizen children in the influx facility1 in accordance with any applicable guidance of the ,centers for ,disease ,control and ,prevention4 7#e7 ,emergency response protocols for placement1 care1 and transfer of children1 which reduce the amount of time a child is in an emergency influx facility4 7#f7 ,a clear organizational chart1 reporting structure1 and contact information4 7#g7 ,a staffing plan that includes maintaining specified case manager-to-child ratios and a specified number of case manager visits with a child each week4 7#h7 ,a training plan for case managers that includes in-service coaching and individual support for a case manager's first #cj days as an employee of the entity4 7#i7 ,a written code of conduct that is-- 7,a7 distributed to all officers1 employees1 and volunteers2 and 7,b7 contains clear boundaries for working with and around children4 7#aj7 ,written ethical standards that are-- 7,a7 distributed to all officers1 employees1 and volunteers2 and 7,b7 based on accepted child welfare principles and best practices4 7#aa7 ,data systems that meet the data and quality standards described in section #fjb for tracking children through intake1 case management1 transportation1 and placement4 7d7 ,waiver 7#a7 ,in general ,in the case of an influx facility1 the ,director may waive compliance with a standard or procedure under title ,,ii for a period of not more than #cj days4 7#b7 ,notice to ,congress ,if the ,director waives compliance with the requirement that an influx facility shall be licensed by the ,state in which it is located1 the ,director shall provide to ,congress notice of such waiver1 which shall include-- 7,a7 a justification for the waiver2 and 7,b7 7i7 a plan for the influx facility to obtain such licensing2 or 7ii7 in the case of an influx facility that will be unable to obtain such licensing-- 7,i7 an explanation of the reason that-- 7aa7 licensing is not possible2 and 7bb7 the particular influx facility was chosen and remains operationally necessary4 7e7 ,reporting mechanisms ,the ,director shall establish clear procedures-- 7#a7 for unaccompanied noncitizen children at influx facilities to directly and confidentially report incidents of abuse or neglect at influx facilities to the ,ombudsperson1 consulates1 and ,state authorities2 and 7#b7 to allow ,state child protective services immediate access to any influx facility to investigate any such report4 7f7 ,staffing 7#a7 ,background checks 7,a7 ,in general ,the ,director shall ensure that a ,federal ,bureau of ,investigation background check1 and in any applicable ,state a child abuse or neglect check1 has been conducted for each influx facility staff member who will have direct contact with unaccompanied noncitizen children4 7,b7 ,timing of background checks ,the background checks described in subparagraph 7,a7 shall be completed before a staff member interacts with any unaccompanied noncitizen child at an influx facility4 7,c7 ,prohibition ,the ,director shall ensure than an entity with which the ,director has contracted to operate an influx facility does not hire as staff of the influx facility any individual who has-- 7i7 any conviction for child abuse or trafficking2 or 7ii7 a conviction that is less than #aj years old the underlying offense of which would have a substantial and direct effect on the safety of unaccompanied noncitizen children4 7,d7 ,submittal of evidence ,not later than the date on which an influx facility commences operation1 the operator of the influx facility shall submit to the ,director and the ,ombudsperson evidence that background checks in accordance with this paragraph-- 7i7 have been completed for the relevant facility staff2 and 7ii7 will be completed for all new hires going forward4 7#b7 ,fluency in ,spanish ,each staff member of an influx facility who will have contact with unaccompanied noncitizen children shall-- 7,a7 be fluent in ,spanish and ,english2 and 7,b7 have experience in the care of children4 7#c7 ,pediatric health specialists ,an influx facility shall have onsite pediatric health specialists1 including a pediatrician1 licensed psychologist1 or psychiatrist who is experienced in the care of children4 7#d7 ,ratios ,not later than #ae days after the date on which an influx facility commences operation1 the ,director shall ensure that the influx facility maintains staffing ratios as follows3 7,a7 ,during waking hours1 not less than #a on-duty youth care worker for every #h unaccompanied noncitizen children4 7,b7 ,during sleeping hours1 not less than #a on-duty youth care worker for every #af unaccompanied noncitizen children4 #cjf4 ,monitoring and oversight 7a7 ,site visits 7#a7 ,director 7,a7 ,in general ,not less frequently than monthly during the period in which an influx facility is in operation1 the ,director shall conduct a comprehensive onsite monitoring visit4 7,b7 ,elements ,each site visit conducted under subparagraph 7,a7 shall include-- 7i7 an evaluation of the compliance of the influx facility with-- 7,i7 the standards and procedures under title ,,ii2 and 7,,ii7 the facility standards under the ,prison ,rape ,elimination ,act of #bjjc 7#cd ,u4,s4,c4 #cjcja et seq472 7ii7 an assessment of the delivery of1 and unaccompanied noncitizen children's access to1 health care and mental health care services2 7iii7 an assessment of unaccompanied noncitizen children's access to counsel and legal services2 and 7iv7 private1 confidential interviews with unaccompanied noncitizen children housed in the influx facility4 7#b7 ,inspector ,general ,the ,inspector ,general of the ,department of ,health and ,human ,services may conduct unscheduled visits to any influx facility1 during which the ,inspector ,general may meet confidentially with any unaccompanied noncitizen child housed in the influx facility4 7#c7 ,ombudsperson ,not less frequently than monthly during the period in which an influx facility is in operation1 the ,ombudsperson shall conduct a comprehensive onsite visit to monitor for compliance with applicable ,federal and ,state law 7including regulations71 including-- 7,a7 the ,flores settlement agreement2 7,b7 section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb72 and 7,c7 this ,act4 7b7 ,tours by approved stakeholders ,not less frequently than monthly during the period in which an influx facility is in operation1 the ,director shall allow approved stakeholders1 including representatives from nonprofit organizations serving or advocating on behalf of unaccompanied noncitizen children1 to tour the influx facility4 ,,iv ,legal representation for unaccompanied noncitizen children #dja4 ,legal orientation presentations and legal screenings 7a7 ,in general ,not later than #aj days after transfer to the custody of the ,secretary1 an unaccompanied noncitizen child shall receive a free legal orientation presentation and legal screening conducted by a legal services provider1 which shall include information relating to-- 7#a7 the right to apply for relief from removal2 7#b7 the right to request voluntary departure in lieu of removal2 and 7#c7 the right to a hearing before an immigration judge4 7b7 ,prioritization before release 7#a7 ,in general ,the ,director shall make affirmative1 thorough1 and timely efforts to ensure that each unaccompanied noncitizen child receives a presentation and screening described in subsection 7a7 before release1 and in the case of any unaccompanied noncitizen child who does not receive such presentation and screening before release1 the ,director shall ensure that the child receives the presentation and screening on release4 7#b7 ,rule of construction ,nothing in this section may be construed to prohibit the release of an unaccompanied noncitizen child to a sponsor based solely on not having received such a presentation and screening4 #djb4 ,legal representation 7a7 ,in general ,an unaccompanied noncitizen child shall be represented by counsel appointed or provided by the ,secretary1 at ,government expense1 unless the child has obtained1 at his or her own expense1 counsel authorized to practice in immigration proceedings4 7b7 ,procedure ,representation under subsection 7a7 shall-- 7#a7 be appointed or provided by the ,secretary as expeditiously as possible2 7#b7 extend through every stage of removal proceedings1 from the child's initial appearance through the termination of immigration proceedings2 and 7#c7 include any ancillary matter appropriate to such proceedings1 even if the child attains #ah years of age or is reunified with a parent or legal guardian while the proceedings are pending4 7c7 ,private1 confidential meeting space ,the ,director shall ensure that unaccompanied noncitizen children are provided access to a private1 confidential space to meet with legal services providers and a private1 confidential telephone line to contact their legal counsel or legal services providers at the expense of the government4 7d7 ,contact with legal counsel ,an unaccompanied noncitizen child shall be permitted to call or meet with his or her legal counsel or legal services provider at any time4 7e7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 7#b7 ,funding ,amounts made available under this section shall be maintained separately from amounts designated for childcare facilities4 7f7 ,scope of representation ,government-appointed counsel may provide to an unaccompanied noncitizen child the full scope of representation1 including representation in-- 7#a7 any matter relevant to the child's well-being1 including conditions of detention and matters relating to medical and mental health services and medication2 7#b7 placement review hearings2 7#c7 sponsorship hearings2 and 7#d7 any other matter relating to immigration4 7g7 ,cooperation of ,office of ,refugee ,resettlement required 7#a7 ,in general ,the ,director shall ensure that the legal counsel of an unaccompanied noncitizen child has access to prompt1 reasonable1 and regular direct communication with case managers1 case coordinators1 and ,federal field specialists overseeing the child's placement1 release1 family reunification1 transfer1 and medical and mental health services4 7#b7 ,requests by counsel for information ,on request by the legal counsel or the independent legal services provider of an unaccompanied noncitizen child1 the ,director shall provide1 not later than #g days after the date on which the request is made1 the following3 7,a7 ,the names and telephone numbers of all prospective sponsors of the unaccompanied noncitizen child concerned4 7,b7 ,a copy of the complete ,office of ,refugee ,resettlement case file and records of the unaccompanied noncitizen child concerned4 ,v ,appointment of child advocates and improvements to immigration courts #eja4 ,appointment of child advocates 7a7 ,in general ,the ,secretary shall appoint independent child advocates to unaccompanied noncitizen children1 including-- 7#a7 each vulnerable unaccompanied noncitizen child in the custody of the ,secretary2 and 7#b7 each vulnerable unaccompanied noncitizen child who has been released from such custody4 7b7 ,expansion of child advocate services 7#a7 ,in general ,the ,secretary shall increase funding for child advocate services to facilitate the expansion1 by not later than the date that is #ahj days after the date of the enactment of this ,act1 of the provision of such services to all locations at which-- 7,a7 unaccompanied noncitizen children in the custody of the ,secretary are housed2 or 7,b7 unaccompanied noncitizen children appear before immigration courts for removal proceedings4 7#b7 ,prioritization ,in expanding services under this subsection1 the ,secretary shall prioritize locations that have the highest numbers of unaccompanied noncitizen children in the custody of the ,secretary and unaccompanied noncitizen children appearing before immigration courts4 7#c7 ,access to records 7,a7 ,in general ,a child advocate appointed under this section shall have timely access to all materials necessary to effectively advocate for the best interests of the unaccompanied noncitizen child concerned1 including the child's complete ,office of ,refugee ,resettlement case file and records4 7,b7 ,request ,on request by such a child advocate1 the ,director shall provide a complete copy of an unaccompanied noncitizen child's ,office of ,refugee ,resettlement case file and records not later than #gb hours after the request is made4 7#d7 ,best interest recommendations ,a child advocate appointed under this section shall submit a best interest recommendation based on law1 policy1 medical or behavioral health1 and relevant social science research to any ,federal or ,state agency making a decision with respect to the best interests of an unaccompanied noncitizen child1 including-- 7,a7 the ,department of ,health and ,human ,services2 7,b7 the ,department of ,justice2 7,c7 the ,department of ,homeland ,security2 and 7,d7 a ,federal1 ,state1 or ,tribal court4 7#e7 ,confidentiality ,all communications between child advocates appointed under this section and unaccompanied noncitizen children shall be confidential1 and such a child advocate may not be compelled to testify or provide evidence1 in any proceeding1 with respect to any information or opinion conveyed to the child advocate by an unaccompanied noncitizen child in the course of serving as child advocate4 7#f7 ,legal support ,the ,secretary shall ensure that each location at which child advocate services are provided under this section is staffed with #a or more attorneys who have expertise in immigration law and child welfare law4 7#g7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this subsection4 #ejb4 ,immigration court improvements 7a7 ,hiring of immigration judges 7#a7 ,in general ,to adjudicate pending cases and efficiently process future cases1 the ,attorney ,general shall increase the total number of immigration judges by not fewer than #ge judges during fiscal year #bjbc4 7#b7 ,qualifications ,the ,attorney ,general shall ensure that each immigration judge hired under this subsection-- 7,a7 is highly qualified2 7,b7 has substantial experience in the field of immigration law2 and 7,c7 is trained to conduct fair and impartial hearings in accordance with applicable due process requirements4 7#c7 ,no preference for candidates with prior service in the ,federal ,government ,in selecting immigration judges under this subsection1 the ,attorney ,general may not assign any preference to a candidate who has prior service in the ,federal ,government over a candidate who has equivalent subject matter expertise based on experience in a nonprofit organization1 private practice1 or academia1 but does not have previous ,federal service4 7b7 ,immigration court staff ,during fiscal year #bjbc1 the ,attorney ,general shall-- 7#a7 increase the total number of judicial law clerks at the ,executive ,office for ,immigration ,review by #ge2 and 7#b7 increase the total number of support staff for immigration judges1 including legal assistants and interpreters1 by #cjj4 7c7 ,support staff2 other resources ,the ,attorney ,general shall ensure that the ,executive ,office for ,immigration ,review has sufficient support staff1 adequate technological and security resources1 and appropriate facilities to conduct the immigration proceedings required under ,federal law4 7d7 ,limitation ,amounts appropriated for the ,executive ,office for ,immigration ,review or for any other division1 activity1 or function of the ,department of ,justice may not be used to implement numeric case load judicial performance standards or other standards that could negatively impact the fair administration of justice by the immigration courts4 7e7 ,docket management for resource conservation ,notwithstanding any opposition from the ,secretary of ,homeland ,security or the ,attorney ,general1 immigration judges shall administratively close or terminate cases1 and the ,board of ,immigration ,appeals shall remand cases for administrative closure1 if an individual in removal proceedings-- 7#a7 appears to be prima facie eligible for a visa or any other immigration benefit2 and 7#b7 has a pending application for such benefit before ,u4,s4 ,citizenship and ,immigration ,services or any other applicable ,federal agency4 7f7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 ,,vi ,oversight1 monitoring1 and enforcement #fja4 ,office of the ,ombudsperson for ,unaccompanied ,noncitizen ,children in ,immigration ,custody 7a7 ,establishment ,there is established within the ,department of ,health and ,human ,services an ,office of the ,ombudsperson for ,unaccompanied ,noncitizen ,children 7referred to in this section as the ,office7 to monitor and oversee compliance with this ,act and the amendments made by this ,act4 7b7 ,independence ,the ,office shall be an impartial1 confidential resource that is fully independent of-- 7#a7 the ,office of ,refugee ,resettlement2 and 7#b7 the ,department of ,homeland ,security4 7c7 ,ombudsperson 7#a7 ,in general ,the ,office shall be headed by an ,ombudsperson1 who shall be appointed by1 and report directly to1 the ,secretary4 7#b7 ,recommendations from stakeholders ,before making an appointment under paragraph 7#a71 the ,secretary shall solicit and consider candidate recommendations from community stakeholders1 including from organizations that provide legal services to and advocacy on behalf of immigrant children4 7#c7 ,limitation on certain former employees ,the ,secretary may not appoint as ,ombudsperson any individual who1 during the #b-year period preceding the date of appointment1 was an employee of the ,office of ,refugee ,resettlement or the ,department of ,homeland ,security4 7#d7 ,term 7,a7 ,in general ,subject to subparagraph 7,c71 the term of an ,ombudsperson appointed under this subsection shall be not more than #d years4 7,b7 ,consecutive terms ,an ,ombudsperson may be appointed for consecutive terms4 7,c7 ,expiration ,the term of an ,ombudsperson shall not expire before the date on which the ,ombudsperson's successor is appointed4 7#e7 ,removal for cause ,the ,secretary may only remove or suspend an ,ombudsperson for neglect of duty or gross misconduct4 7#f7 ,duties and authorities 7,a7 ,regional offices 7i7 ,establishment ,the ,ombudsperson shall establish not fewer than #g regional offices of the ,office-- 7,i7 to strengthen ,state oversight2 7,,ii7 to investigate complaints2 7,,iii7 to coordinate with ,state licensing entities2 and 7,,iv7 to identify and address differences among ,state child protection laws4 7ii7 ,locations 7,i7 ,in general ,the regional offices required under clause 7i7 shall be established in the following locations3 7aa7 #a regional office in ,texas4 7bb7 #a regional office in ,arizona4 7cc7 #a regional office in ,california or a ,state in the ,northwest4 7dd7 #a regional office in a ,state in the ,midwest4 7ee7 #a regional office in a ,state in the ,mid-,atlantic4 7ff7 #a regional office in a ,state in the ,northeast4 7gg7 #a regional office in a ,state in the ,southeast4 7,,ii7 ,additional locations ,the ,ombudsperson may make a recommendation to the ,secretary with respect to the location of any additional regional office4 7iii7 ,appointment of deputies ,the ,ombudsperson shall appoint a full-time deputy for each regional office1 who shall serve at the ,ombudsperson's discretion4 7iv7 ,applicability of other provisions ,the regional offices established under this subparagraph shall have the same access to facilities and records1 maintain the same rights1 roles1 and responsibilities1 and be subject to the same confidentiality requirements as the ,office4 7,b7 ,hiring 7i7 ,in general ,the ,ombudsperson shall hire to carry out the functions of the ,office necessary personnel1 including clerical personnel1 who shall serve at the discretion of the ,ombudsperson4 7ii7 ,subject matter experts ,the personnel hired under clause 7i7 shall include relevant subject matter experts1 including-- 7,i7 attorneys with expertise in child welfare and immigration law2 7,,ii7 pediatricians2 7,,iii7 child and adolescent psychiatrists and psychologists2 7,,iv7 social workers2 7,v7 data analysts with demonstrable expertise in child welfare or immigration2 and 7,,vi7 youth or young adults with experience as noncitizen children in immigration custody4 7,c7 ,monitoring 7i7 ,in general ,the ,ombudsperson shall monitor1 including by making site visits1 for compliance with all applicable law and standards relating to noncitizen children in immigration custody4 7ii7 ,influx facilities ,the ,ombudsperson shall conduct site visits of influx facilities1 as described in section #cjf4 7,d7 ,investigations 7i7 ,in general ,the ,ombudsperson-- 7,i7 may conduct any investigation relating to noncitizen children in immigration custody the ,ombudsperson considers necessary2 and 7,,ii7 shall investigate-- 7aa7 claims of abuse1 neglect1 or mistreatment of noncitizen children by the ,government or any other entity while in immigration custody2 and 7bb7 complaints made against foster care providers1 including in the case of such a provider that is subject to ,state oversight4 7ii7 ,timeline ,the ,ombudsperson shall commence an investigation under clause 7i77,,ii7 not later than #cj days after the date on which a claim or complaint described in that clause is received4 7iii7 ,reporting of ,state licensing violations ,if in the course of an investigation under clause 7i77,,ii77bb7 the ,ombudsperson discovers a ,state licensing violation1 the ,ombudsperson shall report the violation to the child welfare licensing agency of the applicable ,state4 7iv7 ,procedures ,the ,ombudsperson shall establish a procedure for conducting investigations1 receiving and processing complaints1 and reporting findings4 7v7 ,notification 7,i7 ,commencement of investigation ,if the ,ombudsperson decides to commence an investigation based on a complaint received1 not later than #de days after the date on which the investigation commences1 the ,ombudsperson shall so notify the complainant4 7,,ii7 ,decision not to investigate or to discontinue investigation ,if the ,ombudsperson decides not to investigate a complaint or to discontinue an investigation commenced under this subparagraph1 not later than #de days after the date on which such an action is taken1 the ,ombudsperson shall notify the complainant and provide a reason for such action4 7,,iii7 ,progress and results ,the ,ombudsperson shall provide a complainant with updates on the progress of an investigation and shall notify the complainant of the results of the investigation4 7vi7 ,confidentiality 7,i7 ,in general ,all information obtained by the ,ombudsperson from a complaint shall be confidential under applicable ,federal and ,state confidentiality law1 regardless of whether the ,ombudsperson-- 7aa7 investigates the complaint2 7bb7 refers the complaint to any other entity for investigation2 or 7cc7 determines that the complaint is not a proper subject for an investigation4 7,,ii7 ,disclosure ,disclosure of any such information may only occur as necessary to carry out the mission of the ,office and as permitted by law4 7,e7 ,reporting mechanisms 7i7 ,in general ,the ,ombudsperson shall establish and maintain-- 7,i7 a public toll-free telephone number to receive complaints and reports of matters for investigation2 and 7,,ii7 a public email address to receive complaints1 such reports1 and requests for review of placement and sponsorship decisions4 7ii7 ,availability 7,i7 ,in general ,the ,ombudsperson shall ensure that such telephone number and email address-- 7aa7 are made available1 and a telephone is accessible1 to all children in immigration custody2 and 7bb7 are made available to prospective sponsors1 sponsors1 ,flores settlement agreement class counsel1 and legal services providers and child advocates who serve such noncitizen children4 7,,ii7 ,sponsorship applications ,the ,director shall provide such telephone number and email address to the prospective sponsor of each unaccompanied noncitizen child4 7iii7 ,language access 7,i7 ,in general ,such telephone number and email address shall be posted in public areas of each facility or placement in which #a or more children in immigration custody are held1 in multiple languages1 including ,english1 ,spanish1 ,french1 ,hindi1 ,bengali1 ,punjabi1 ,swahili1 ,mandarin ,chinese1 ,russian1 ,standard ,arabic1 ,portuguese1 ,haitian ,creole1 ,k'iche'1 ,q'eqchi'1 ,kaqchikel1 ,mam1 ,q'anjob'al1 and ,ixil4 7,,ii7 ,additional languages ,the ,ombudsperson may require that such contact information be made available and posted in any additional language the ,ombudsperson considers necessary based on the demographics of arriving noncitizen children4 7,f7 ,hearings ,the ,ombudsperson may hold public hearings as the ,ombudsperson considers necessary4 7,g7 ,individual case assistance and review 7i7 ,in general ,the ,ombudsperson may offer individual case assistance for noncitizen children in immigration custody4 7ii7 ,communication with others ,in providing such individual case assistance1 the ,ombudsperson may speak with a noncitizen child's prospective sponsor1 family members1 child advocate1 legal counsel1 case manager1 case coordinator1 and ,office of ,refugee ,resettlement ,federal field specialist staffing the noncitizen child's case1 as applicable4 7,h7 ,stakeholder meetings 7i7 ,community stakeholders ,not less frequently than quarterly1 the ,ombudsperson shall invite community stakeholders1 including attorneys who represent noncitizen children in immigration custody1 to participate in a meeting4 7ii7 ,data tracking personnel ,not less frequently than quarterly1 the ,ombudsperson shall invite personnel of the ,department of ,homeland ,security and the ,department of ,health and ,human ,services who manage the data tracking systems described in section #fjb to participate in a meeting for the purpose of informing the ,ombudsperson with respect to the efficacy and responsiveness of the system with empirical data1 analysis1 and data needs4 7iii7 ,additional meetings ,the ,ombudsperson may convene additional meetings at any time1 as the ,ombudsperson considers necessary4 7,i7 ,reporting 7i7 ,annual public report 7,i7 ,in general ,not less frequently than annually1 the ,ombudsperson shall issue a public report on the implementation of and compliance with this ,act and the amendments made by this ,act1 by the ,secretary and the ,secretary of ,homeland ,security4 7,,ii7 ,elements ,each report under subclause 7,i7 shall include the following3 7aa7 ,for the preceding fiscal year1 the accomplishments and challenges relating to such implementation and compliance4 7bb7 ,a summary of complaints made and investigations carried out during the preceding fiscal year1 including-- 7,,aa7 the number of complaints and number and nature of other contacts2 7,,bb7 the number of complaints made1 including the type and source2 7,,cc7 the number of investigations carried out2 7,,dd7 the trends and issues that arose in the course of investigating complaints2 and 7,,ee7 the number of pending complaints4 7cc7 ,for the preceding fiscal year1 a summary of-- 7,,aa7 each site visit conducted2 7,,bb7 any interview with a noncitizen child or facility staff2 7,,cc7 facility audits and corrective actions taken or recommended2 7,,dd7 appeals made to the ,ombudsperson2 and 7,,ee7 any other information the ,ombudsperson considers relevant4 7dd7 ,a detailed analysis of the data collected under section #fjb4 7ee7 ,recommendations-- 7,,aa7 for improving implementation and compliance with this ,act and the amendments made by this ,act2 and 7,,bb7 as to whether the ,director should renew or cancel contracts with particular ,office of ,refugee ,resettlement grantees4 7ff7 ,a description of the priorities for the subsequent fiscal year4 7ii7 ,report on training materials ,the ,ombudsperson shall issue a public report on the training materials developed by the ,director under section #bjc7;c77#d7 that includes a description of any concerns the ,ombudsperson has with respect to the materials4 7iii7 ,additional reports ,the ,ombudsperson may issue additional reports at any time1 including data analyses and findings1 as the ,ombudsperson considers necessary4 7,j7 ,information gathering 7i7 ,in general ,the ,ombudsperson may submit to the ,director1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 and the juvenile coordinators of ,u4,s4 ,customs and ,border ,protection requests for information with respect to the implementation of this ,act4 7ii7 ,response required ,not later than #cj days after the date on which a juvenile coordinator receives a request for information under clause 7i71 the juvenile coordinator shall submit a detailed response to the ,ombudsperson1 the ,director1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 and the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7iii7 ,cooperation required ,the ,secretary and the ,secretary of ,homeland ,security shall-- 7,i7 cooperate with any request for information by the ,ombudsperson2 and 7,,ii7 report to the ,ombudsperson any policy or instruction issued to employees regarding the implementation of this ,act4 7,k7 ,subpoena authority 7i7 ,in general ,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 compel by subpoena1 at a specified time and place-- 7aa7 the appearance and sworn testimony of an individual who the ,ombudsperson reasonably believes may be able to provide information relating to a matter under investigation2 and 7bb7 the production by an individual of a record of an object that the ,ombudsperson reasonably believes may relate to a matter under investigation4 7ii7 ,effect of failure to comply ,in the case of an individual who fails to comply with a subpoena issued under this subparagraph1 the ,ombudsperson may commence a civil action in an appropriate court4 7,l7 ,additional duties ,the ,ombudsperson shall-- 7i7 develop notices of rights1 as described in sections #aje7;c77#e7 and #bjb2 7ii7 review training materials1 as described in section #bjc7;c77#d72 7iii7 conduct reviews of decisions in placement review hearings1 as described in section #bbf7;b77#f72 7iv7 conduct reviews of decisions in sponsorship hearings1 as described in section #bcb7;b77#c77;,h72 7v7 regularly review data collected under section #fjb2 and 7vi7 track and monitor processing times and length of custody for noncitizen children in immigration custody4 7d7 ,access 7#a7 ,facilities 7,a7 ,in general ,the ,secretary and the ,secretary of ,homeland ,security shall ensure unobstructed access by the ,ombudsperson to any facility at which a noncitizen child is detained4 7,b7 ,information collection for site visits ,for each site visit conducted by the ,ombudsperson1 facility staff shall provide a list of the unaccompanied noncitizen children housed in the facility1 including their names1 alien registration numbers1 dates of birth1 dates of apprehension1 and the dates of facility placement-- 7i7 in the case of an announced site visit1 not less than #dh hours before the arrival of the ,ombudsperson2 and 7ii7 in the case of an unannounced site visit1 on the arrival of the ,ombudsperson4 7,c7 ,private and confidential space ,a facility shall provide a private and confidential space in which the ,ombudsperson may interview unaccompanied noncitizen children and staff4 7,d7 ,delegation ,the ,ombudsperson may designate #a or more individuals from outside the ,ombudperson's office to conduct site visits and interview detained children4 7#b7 ,information ,on request by the ,ombudsperson1 the ,secretary shall ensure1 not later than #dh hours after receipt of the request1 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 a noncitizen child2 and 7,b7 the written policies and procedures of all childcare facilities4 7#c7 ,definition of unobstructed access ,in this subsection1 the term unobstructed access means-- 7,a7 with respect to a facility1 the ability-- 7i7 to enter the facility at any time1 including unannounced1 to observe and inspect all areas of the facility2 7ii7 to communicate privately and without restriction with any child1 caregiver1 facility staff1 or volunteer2 and 7iii7 to obtain1 review1 and reproduce any-- 7,i7 record of a child1 staff member1 or caregiver2 7,,ii7 administrative record1 policy1 or document of any facility2 7,,iii7 licensing record maintained by the applicable ,federal or ,state agency2 or 7,,iv7 record1 including a confidential record1 of a ,federal or ,state agency or any contractor of a ,federal or ,state agency1 except sealed court records1 production of which may only be compelled by subpoena2 and 7,b7 with respect to information1 the ability to obtain requested information in a timely manner and with the full cooperation of the ,secretary or the ,secretary of ,homeland ,security1 as applicable4 7e7 ,confidentiality 7#a7 ,identity of complainants and witnesses ,the ,ombudsperson shall maintain confidentiality with respect to the identities of complainants or witnesses coming before the ,office1 except if such a disclosure is necessary-- 7,a7 to carry out the duties of the ,ombudsperson2 and 7,b7 to support recommendations made in individual cases1 annual reports1 or other reports4 7#b7 ,records ,in accordance with relevant ,federal and ,state law1 the ,ombudsperson may not disclose a confidential record4 7#c7 ,testimony and deposition ,the ,ombudsperson and employees of the ,office may not testify or be deposed in a judicial or administrative proceeding regarding matters that have come to their attention in the exercise of their official duties1 except as the ,ombudsperson considers necessary to enforce this ,act or the amendments made by this ,act4 7#d7 ,subpoena and discovery ,the records of the ,office1 including notes1 drafts1 and records obtained from an individual1 a provider1 or an agency during intake1 review1 or investigation of a complaint1 and any reports not released to the public are not subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding1 except as the ,ombudsperson considers necessary to enforce this ,act or the amendments made by this ,act4 7f7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section4 #fjb4 ,data collection and reporting 7a7 ,department of ,homeland ,security 7#a7 ,in general ,the ,secretary of ,homeland ,security shall collect and maintain a record of each noncitizen child held in the custody of the ,secretary of ,homeland ,security4 7#b7 ,frequency and submission of data collected 7,a7 ,in general ,not less frequently than weekly1 the ,secretary of ,homeland ,security shall-- 7i7 collect the information described in paragraph 7#c7 from each district office and ,border ,patrol station2 and 7ii7 submit such data to-- 7,i7 the ,ombudsperson2 and 7,,ii7 the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,senate and the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,house of ,representatives4 7#c7 ,information described ,the information described in this paragraph is the following3 7,a7 ,individual data ,for each noncitizen child in the custody of the ,secretary of ,homeland ,security1 the following3 7i7 ,biographical information1 including full name1 date of birth1 country of citizenship1 preferred language1 and alien number4 7ii7 ,the date the child was apprehended and placed in such custody4 7iii7 ,the date and the time the child was released or transferred from such custody and to whom the child was so released or transferred4 7iv7 ,for each accompanying family member of the child or other adult the child identifies as a previous caregiver1 biographical and contact information4 7v7 ,an indication as to whether the child arrived in the company of a family member other than a parent or legal guardian1 and in the case of a separation from that family member1 a justification for the separation4 7,b7 ,aggregated data 7i7 ,the number of children in the custody of the ,secretary of ,homeland ,security as of the last day of each calendar month1 calculated to include all such children1 disaggregated by-- 7,i7 facility2 and 7,,ii7 ,border ,patrol sector4 7ii7 ,the largest number of children concurrently held in such custody1 calculated to include all such children1 and the #a or more dates on which such largest number occurred1 disaggregated by-- 7,i7 facility2 and 7,,ii7 ,border ,patrol sector4 7iii7 ,the median and average number of hours in such custody for each such child1 calculated to include all such children1 disaggregated by-- 7,i7 facility2 and 7,,ii7 ,border ,patrol sector4 7#d7 ,publication ,not less frequently than monthly1 the ,secretary of ,homeland ,security shall publish on a publicly accessible internet website of the ,department of ,homeland ,security the following3 7,a7 ,the figures for the data collected under paragraph 7#c77;,b77i74 7,b7 ,for the preceding calendar month1 the figures for the data collected under clauses 7ii7 and 7iii7 of paragraph 7#c77;,b74 7b7 ,office of ,refugee ,resettlement 7#a7 ,in general ,to support the data collection and monitoring duties of the ,ombudsperson and to facilitate public monitoring1 the ,director shall-- 7,a7 develop a systemic data collection system to collect and maintain relevant demographic information that is pertinent to serving-- 7i7 the population of unaccompanied noncitizen children in the custody of the ,secretary of ,health and ,human ,services2 and 7ii7 children who have been released from such custody with services pending2 7,b7 not less than every #c years1 review the data collected1 the categorization of such data1 the information architecture for organizing and analyzing such data1 any safety concern relating to the collection of such data1 and the method for obtaining or collecting such data under such system2 7,c7 7i7 as appropriate1 revise such system to make improvements in service delivery to unaccompanied noncitizen children2 and 7ii7 if such system is so revised1 ensure the continuity of comparative data from periods before and after the revision2 and 7,d7 ensure the ongoing functioning and use of such system by the ,office of ,refugee ,resettlement4 7#b7 ,frequency of data collected ,not less frequently than weekly1 the ,director shall-- 7,a7 collect from each childcare facility the information described in paragraph 7#c72 and 7,b7 maintain such information in the system described in paragraph 7#a77;,a74 7#c7 ,information described ,the information described in this paragraph is the following3 7,a7 ,individual data ,for each unaccompanied noncitizen child in the custody of the ,secretary of ,homeland ,security-- 7i7 biographical information1 including full name1 date of birth1 country of citizenship1 preferred language1 and alien number2 7ii7 the date the child was apprehended and placed in such custody of the ,secretary of ,homeland ,security2 7iii7 the date the child was placed in the custody of the ,secretary of ,health and ,human ,services2 7iv7 the date on which the child was placed in a childcare facility1 or transferred between childcare facilities1 as applicable1 and the name and location of each childcare facility2 7v7 in the case of a child placed in a residential treatment center1 therapeutic childcare facility1 staff-secure facility1 or out-of-network facility1 a justification for such placement2 7vi7 the status of the child's family reunification process1 including-- 7,i7 a record of the #a or more case managers who have worked on the child's case1 including a description of the work performed2 7,,ii7 in the case of a child who is released or discharged from the custody of the ,secretary of ,health and ,human ,services-- 7aa7 the date of release or discharge2 7bb7 the name of the individual to whom the child was released1 as applicable2 and 7cc7 the reason for release or discharge2 and 7,,iii7 in the case of a child removed from the ,united ,states1 the date of removal and the country to which he or she was removed1 regardless of whether a child was removed directly from the custody of the ,secretary of ,health and ,human ,services2 and 7vii7 the number of occasions on which the operator of a childcare facility or an influx facility contacted law enforcement with respect to the child1 as applicable1 and the justification for each such contact4 7,b7 ,facility data ,for each childcare facility or influx facility funded by the ,department of ,health and ,human ,services-- 7i7 the median length of stay for unaccompanied noncitizen children placed at the facility2 7ii7 for children who have been released to sponsors1 the median amount of time spent by such children in the custody of the ,secretary of ,health and ,human ,services before release2 7iii7 the utilization rate of the facility 7excluding funded but unplaceable beds and calculated as the number of filled beds divided by the number of beds available for placement1 expressed as a percentage72 7iv7 the percentage of unaccompanied noncitizen children transferred from the facility to any other facility1 calculated on a rolling basis2 and 7v7 the number and type of child abuse or neglect allegations against facility staff or against other children in the facility1 and the number of such allegations substantiated4 7,c7 ,national capacity data 7i7 ,in general ,for all childcare facilities and influx facilities1 in the aggregate-- 7,i7 the number of pending beds2 and 7,,ii7 the number of delivered beds1 disaggregated by-- 7aa7 beds occupied by unaccompanied noncitizen children2 7bb7 unoccupied beds available for potential use by unaccompanied noncitizen children2 and 7cc7 unavailable beds that are funded but cannot receive children4 7ii7 ,definitions ,in this subparagraph3 7,i7 ,delivered bed ,the term delivered bed means a bed delivered to the ,department of ,health and ,human ,services for use by an unaccompanied noncitizen child4 7,,ii7 ,pending bed ,the term pending bed means a bed-- 7aa7 to be provided to the ,department of ,health and ,human ,services for use by an unaccompanied noncitizen child that is funded by a grant1 cooperative agreement1 contract1 or any other means2 but 7bb7 that is not yet a delivered bed4 7,d7 ,family reunification data ,for all unaccompanied noncitizen children in the custody of the ,secretary of ,health and ,human ,services-- 7i7 the median time-to-release1 disaggregated by-- 7,i7 children released to parents or legal guardians2 7,,ii7 children released to other sponsors2 7,,iii7 children who have home studies mandated by section #bce of the ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb72 7,,iv7 children granted home studies through the discretion of the ,director2 and 7,v7 all other children2 and 7ii7 the number of children who have been in such custody for more than #ij days1 disaggregated by-- 7,i7 children placed in therapeutic foster care2 7,,ii7 children placed in long-term foster care2 and 7,,iii7 children in placements that are not therapeutic foster care or long-term foster care4 7,e7 ,comprehensive national data 7i7 ,the number and characteristics of children placed in and exiting the custody of the ,secretary of ,health and ,human ,services4 7ii7 ,the status of the unaccompanied noncitizen child population1 including the number of such children in such custody1 age cohorts of such children1 length of placements1 types of placements1 location in-network or out-of-network1 and goals for reunification by sponsor or placement type4 7iii7 ,the number and percentage of unaccompanied noncitizen children designated for and receiving any of the following3 7,i7 ,mandatory home studies4 7,,ii7 ,discretionary home studies4 7,,iii7 ,post-release services4 7iv7 ,the number and percentage of unaccompanied noncitizen children held in a facility funded by the ,office of ,refugee ,resettlement with more than #be other unaccompanied noncitizen children4 7v7 ,the number and percentage of unaccompanied noncitizen children with special needs or disabilities 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb774 7vi7 ,for each type of childcare facility and each influx facility-- 7,i7 the average national case manager-to-child ratio2 and 7,,ii7 the national utilization rate 7excluding funded but unplaceable beds and calculated as the number of filled beds divided by the number of beds available for placement1 expressed as a percentage74 7vii7 ,the number of such facilities alleged and found to be out of compliance with the facility standards under the ,prison ,rape ,elimination ,act of #bjjc 7#cd ,u4,s4,c4 #cjcja et seq474 7viii7 ,the number and types of violations for sexual abuse and exploitation alleged and resolved with respect to unaccompanied noncitizen children while in the custody of the ,secretary of ,health and ,human ,services1 counted and categorized in accordance with the ,prison ,rape ,elimination ,act of #bjjc 7#cd ,u4,s4,c4 #cjcja et seq474 7ix7 ,the rate of compliance with subparagraphs 7,a7 and 7,b7 of section #bca7;a77#b74 7,f7 ,further population and general characteristics data 7i7 ,in general 7,i7 ,the general status and characteristics of the population of unaccompanied noncitizen children and their family members4 7,,ii7 ,the general quality and speed of the placement process1 and information on post-placement outcomes4 7,,iii7 ,barriers to release for such children1 including relevant cross-tabulations with other collected data4 7,,iv7 ,an identification of children who are vulnerable to or victims of human trafficking4 7,v7 ,the general status and characteristics of facilities funded by the ,office of ,refugee ,resettlement for the purpose of the care of unaccompanied noncitizen children4 7,,vi7 ,the rate of increase or decrease in childcare facility usage1 such that cross-facility comparisons are useful or systemwide seasonal variations may be anticipated4 7,,vii7 ,aggregate measures that allow comparison between facilities by size1 placement type1 and any other appropriate factor of number and type of child abuse or neglect allegations against staff or against other children4 7ii7 ,collection standards ,the ,director shall develop and implement standards for the collection of the information described in clause 7i74 7#d7 ,submission of data and information ,not less frequently than weekly1 the ,director shall submit1 in a manner that corresponds with publication under paragraph 7#f71 the information described in paragraph 7#c7 for the preceding week to-- 7,a7 the ,ombudsperson2 and 7,b7 the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,senate and the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,house of ,representatives4 7#e7 ,additional requirements 7,a7 ,reliability and consistency of data collection system ,the data collection system developed and implemented under paragraph 7#a7 shall-- 7i7 ensure that-- 7,i7 data collected is reliable and consistent over time and among jurisdictions through the use of uniform definitions and methodologies2 and 7,,ii7 publicly available data remains reliable and consistent over time1 unless-- 7aa7 the removal of data from the public domain protects individuals or groups of individuals from harm or potential harm2 or 7bb7 a modification to a definition or methodology is necessary to allow the ,office of ,refugee ,resettlement to serve unaccompanied noncitizen children better1 individually or as a group2 and 7ii7 for the information described in paragraph 7#c77;,f71 include metadata with respect to whether1 and in what form1 such information may be made available to the public1 with the presumption that information shall be made available to the public-- 7,i7 in the least restricted form that protects individual privacy2 and 7,,ii7 on the same internet website used for publication under paragraph 7#f74 7,b7 ,incentives ,the ,director shall use appropriate requirements and incentives to ensure that the data collection system developed and implemented under paragraph 7#a7 functions reliably throughout the ,united ,states4 7#f7 ,publication 7,a7 ,monthly report 7i7 ,in general ,not less frequently than monthly1 the ,director shall publish on a publicly accessible internet website of the ,office of ,refugee ,resettlement the following3 7,i7 ,as of the last day of the preceding calendar month1 the figures for the data collected under subparagraphs 7,c71 7,d77ii71 and 7,e77ii7 of paragraph 7#c74 7,,ii7 ,for each calendar month1 the figures for the data collected under subparagraphs 7,d77i71 7,e77i71 7,e77v71 and 7,e77vi7 of paragraph 7#c74 7,,iii7 ,if an influx facility1 an emergency facility1 or any other unlicensed facility is in operation to house noncitizen children1 the figures for the data collected under paragraph 7#c77;,e77ix7 and any other data required to ensure oversight and transparency under section #cjf4 7,,iv7 ,the data and measures described in paragraph 7#c77;,f7 for which new or continuing publication is-- 7aa7 in the public interest2 or 7bb7 required under paragraph 7#e77;,a74 7,v7 ,a description of any change between the information reported under subclauses 7,i7 through 7,,iv7 for the reporting period and such information reported for the preceding reporting period4 7ii7 ,aggregation of data ,the information published under clause 7i7 shall be aggregated so as to facilitate uniform monthly reporting4 7,b7 ,annual report 7i7 ,in general ,not less frequently than annually1 the ,director shall publish on a publicly accessible internet website of the ,office of ,refugee ,resettlement the following3 7,i7 ,as of the last day of each fiscal year1 the figures for the data collected under subparagraphs 7,e77iii71 7,e77v71 7,e77vii71 and 7,e77viii7 of paragraph 7#c74 7,,ii7 ,the data and measures described in paragraph 7#c77;,f7 for which new or continuing publication is-- 7aa7 in the public interest2 or 7bb7 required under paragraph 7#e77;,a74 7,,iii7 ,a description of any change between the information reported under subclauses 7,i7 and 7,,ii7 for the reporting period and such information reported for the preceding reporting period4 7ii7 ,aggregation of data ,the information published under clause 7i7 shall be aggregated so as to facilitate uniform annual reporting4 7c7 ,ombudsperson review of data ,the ,secretary of ,health and ,human ,services and the ,secretary of ,homeland ,security shall-- 7#a7 ensure that the ,ombudsperson-- 7,a7 has access to all real-time data regarding noncitizen children in immigration custody2 and 7,b7 is able to independently and regularly review data collected by the ,department of ,health and ,human ,services and ,department of ,homeland ,security with respect to such children2 7#b7 respond in a timely manner to inquiries from the ,ombudsperson with respect to such data2 and 7#c7 promptly take any necessary corrective action with respect to the accuracy and integrity of such data4 #fjc4 ,enforcement 7a7 ,audits 7#a7 ,in general ,not less frequently than annually1 the ,director shall conduct an audit of each childcare facility1 which shall include a site visit-- 7,a7 to assess compliance of the childcare facility with the requirements of this ,act2 and 7,b7 to determine whether the operator of the childcare facility continues to be a ,state-licensed program4 7#b7 ,report to ,ombudsperson ,not later than #g days after the date on which the ,director completes an audit under subsection 7a71 the ,director shall submit to the ,ombudsperson a report on the audit1 including a description of any corrective action required to bring the childcare facility into compliance4 7b7 ,violations 7#a7 ,notification ,with respect to a childcare facility found to be in violation of this ,act1 the ,director shall provide the ,state-licensed program concerned with a written notification of each deficiency4 7#b7 ,appeal 7,a7 ,in general ,a ,state-licensed program shall have the opportunity to administratively appeal a finding of deficiency in a childcare facility operated by the ,state-licensed program4 7,b7 ,no new referrals ,during the pendency of an appeal under subparagraph 7,a71 the childcare facility may not receive new placements of unaccompanied noncitizen children4 7#c7 ,debarment ,consistent with the ,federal ,acquisition ,regulation1 any operator of a childcare facility that fails to maintain an appropriate ,state license or meet the standards set forth in this ,act shall be debarred or suspended from contracting with the ,secretary for not less than #c years4 7c7 ,civil action 7#a7 ,in general ,an unaccompanied noncitizen child or the parent1 legal guardian1 or prospective sponsor of such a child alleging noncompliance by a ,state-licensed program with the standards and procedures set forth in this ,act for childcare facilities may commence a cause of action in a district court of the ,united ,states that has venue over the matter4 7#b7 ,venue ,venue for an action under paragraph 7#a7 may be found in-- 7,a7 the district in which the original childcare facility in which the unaccompanied noncitizen child concerned was placed is located2 or 7,b7 the district in which the childcare facility to which the unaccompanied noncitizen child was transferred is located4 7d7 ,limited review ,review under this section shall be limited to entering an order solely affecting the individual claims of the unaccompanied noncitizen child or the parent1 legal guardian1 or prospective sponsor seeking such review4 7e7 ,interference with ,ombudsperson ,an employee of a ,federal or ,state agency1 a contractor of a ,federal or ,state agency1 or a care provider who intentionally prevents1 interferes with1 or attempts to impede the work of the ,ombudsperson shall be subject to a civil penalty1 which shall be not more than #b1ejj for each violation4 7f7 ,breach of duty of care ,if the ,ombudsperson has reason to believe that an employee of a ,federal or ,state agency or a contractor of a ,federal or ,state agency has1 in the conduct of official duties1 breached the duty of care or engaged in misconduct1 the ,ombudsperson shall refer the matter to the head of such ,federal or ,state agency1 a grand jury1 or other appropriate official or agency4 7g7 ,criminal penalty for discrimination or retaliation ,a violation of section #fjd or any provision of title ,,vii shall be a misdemeanor4 #fjd4 ,protection from retaliation 7a7 ,in general ,the ,director may not-- 7#a7 take an adverse action against an ,office of ,refugee ,resettlement-funded legal services provider1 child advocate program1 or any other entity based on the legal services provider1 child advocate program1 or other entity having pursued judicial review or a civil action under this ,act1 or any civil action in a ,state court1 on behalf of an unaccompanied noncitizen child or the parent1 legal guardian1 or prospective sponsor of such a child2 or 7#b7 discourage1 interfere in1 or withdraw funds from any ,office of ,refugee ,resettlement-funded legal services provider1 child advocate program1 or any other entity that-- 7,a7 pursues judicial review or a civil action under this ,act1 or any civil action in ,state court1 to challenge the conditions of such a child's custody or the denial of release from custody2 or 7,b7 assists such a child or the parent1 legal guardian1 or prospective sponsor of such a child to so challenge4 7b7 ,protection for individuals filing complaints with ,ombudsperson ,an employee of a ,federal or ,state agency1 a contractor for a ,federal or ,state agency1 or a care provider shall not retaliate against any individual for having filed a complaint with1 or provided information to1 the ,ombudsperson4 7c7 ,protections for noncitizen children reporting discrimination ,noncitizen children in immigration custody may not be retaliated against for reporting discrimination1 filing a charge of discrimination1 or participating in a discrimination investigation or lawsuit4 #fje4 ,mandatory access to detention facilities for ,members of ,congress 7a7 ,in general ,subject to subsection 7c71 the ,secretary concerned shall allow a ,member of ,congress to tour any facility in which #a or more detained individuals are housed1 including unaccompanied noncitizen children1 at a time between #h3jj a4m4 and #g3jj p4m4 on a date requested by the ,member of ,congress if1 not later than #bd hours before the date requested in the case of a ,department of ,homeland ,security facility1 or not later than #b business days before the date requested in the case of a ,department of ,health and ,human ,services facility1 the ,secretary concerned receives written notice from the ,member of ,congress that includes-- 7#a7 the name of the facility2 and 7#b7 the date on which the ,member of ,congress intends to tour the facility4 7b7 ,accompanying members of the press 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary concerned shall allow #a or more members of the press to accompany a ,member of ,congress on a tour of a facility under this section4 7#b7 ,limitations 7,a7 ,still or video cameras ,the ,secretary concerned shall not be required to allow a member of the press to enter a facility under paragraph 7#a7 with a still or video camera4 7,b7 ,personally identifying information ,as a condition of entering a facility under paragraph 7#a71 a member of the press shall agree not to release any personally identifying information of a staff member of the facility or a child housed at the facility without the express authorization of such staff member or child4 7c7 ,limitation ,the ,secretary concerned may limit a tour under subsection 7a7 to-- 7#a7 in the case of a facility that houses not more than #ej unaccompanied noncitizen children-- 7,a7 not more than #e ,members of ,congress2 and 7,b7 accompanying members of the press under subsection 7b72 and 7#b7 in the case of a facility that houses more than #ej detained individuals1 including unaccompanied noncitizen children-- 7,a7 not more than #aj ,members of ,congress2 and 7,b7 accompanying members of the press under subsection 7b74 7d7 ,definition of ,secretary concerned ,in this section1 the term ,secretary concerned means1 as applicable-- 7#a7 the ,secretary of ,homeland ,security2 or 7#b7 the ,secretary of ,health and ,human ,services4 ,,vii ,nondiscrimination #gja4 ,fair and equal treatment 7a7 ,in general ,all noncitizen children in immigration custody shall be treated fairly and equally and provided with inclusive1 safe1 and nondiscriminatory services4 7b7 ,freedom from discrimination 7#a7 ,in general ,noncitizen children in immigration custody shall have the right to be free from discrimination and harassment on the basis of actual or perceived characteristics relating to race1 ethnic group identification1 ancestry1 national origin1 color1 religion1 sex 7including sexual orientation1 gender identity1 and expression71 language1 mental or physical disability1 or ,,hiv status4 7#b7 ,provision of services ,services provided to noncitizen children under this ,act shall be delivered in a manner that is sensitive to the age1 culture1 native language1 and complex needs of each noncitizen child4 7c7 ,rule of construction ,nothing in this title shall be construed to diminish any protection under any other ,federal or ,state anti-discrimination law4 #gjb4 ,responsibilities of care providers 7a7 ,in general ,during the entire period in which a noncitizen child is held in immigration custody1 the child's care providers shall ensure that the child-- 7#a7 is treated and served fairly and equally2 7#b7 is treated with dignity and respect2 7#c7 is cared for in an inclusive and respectful environment2 and 7#d7 is not subject to discrimination or harassed based on actual or perceived characteristics4 7b7 ,special considerations ,during the entire period in which a noncitizen child is held in immigration custody1 the child's care providers-- 7#a7 in the case of an noncitizen indigenous child1 in partnership with the noncitizen indigenous child and1 to the extent practicable1 the parents1 extended family1 and members of the cultural community of the child1 shall make active efforts to maintain the child's connections to culture1 tradition1 and prevailing indigenous lifeways1 including through culturally appropriate programs and services2 7#b7 shall maintain privacy and confidentiality of information relating to the child's sexual orientation and gender identity2 7#c7 shall use the child's correct names and pronouns corresponding to the child's gender identity2 7#d7 in the case of an ,,lgbtqi child-- 7,a7 shall-- 7i7 ensure that the child is housed according to an assessment of the child's gender identity and housing preference1 health and safety needs1 and ,state and local licensing standards2 7ii7 offer an individualized assessment to determine whether additional or alternate restroom accommodations should be provided2 7iii7 allow the child to dress and express themselves according to their gender identity2 7iv7 allow the child to choose the gender of staff that will conduct a pat-down search if such a search is necessary2 and 7v7 consider the child's gender self-identification and the effects of a housing assignment on the child's health and safety2 and 7,b7 shall not-- 7i7 label the child as a likely abuser or punish the child for the child's sexual orientation1 gender identity1 or gender expression2 or 7ii7 isolate or involuntarily segregate the noncitizen child solely because of the child's sexual orientation1 gender identity1 or gender expression4 ,,viii ,information sharing and data protection #hja4 ,separation of records ,the ,director shall ensure that-- 7#a7 all unaccompanied noncitizen children's personal information and ,office of ,refugee ,resettlement case files and records are maintained separately and apart from such children's immigration files 7commonly known as ,a-,files72 and 7#b7 such case files and records are not accessible by the ,department of ,homeland ,security4 #hjb4 ,prohibition on use for denial of relief or in removal proceedings ,an unaccompanied noncitizen child's ,office of ,refugee ,resettlement case file or record shall not be used by the ,secretary of ,homeland ,security or the ,attorney ,general-- 7#a7 to deny any application for relief2 or 7#b7 to facilitate involuntary removal in any proceeding1 including expedited removal1 reinstatement of removal1 and proceedings under section #cfb or #cfe of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfe1 #bfh74 #hjc4 ,disclosure 7a7 ,informed consent required 7#a7 ,in general ,the personal information and ,office of ,refugee ,resettlement case file and records of an unaccompanied noncitizen child-- 7,a7 shall be confidential2 and 7,b7 subject to paragraph 7#b71 may only be disclosed if the child has-- 7i7 consulted with the child's legal counsel2 and 7ii7 provided informed consent for disclosure4 7#b7 ,children under #ab years of age ,in the case of an unaccompanied noncitizen child under the age of #ab years1 only the parent1 legal guardian1 or sponsor may provide consent for disclosure of the personal information or ,office of ,refugee ,resettlement case file of the child4 7#c7 ,subsequent disclosure prohibited ,once disclosed1 the personal information or ,office of ,refugee ,resettlement case file of an unaccompanied noncitizen child may not be subsequently disclosed to a third party unless the child has-- 7,a7 consulted with his or her legal counsel2 and 7,b7 provided informed consent for disclosure4 #hjd4 ,prohibition on information sharing 7a7 ,child in custody and prospective sponsors ,the ,director may not provide any information about an unaccompanied noncitizen child in the custody of the ,secretary1 or prospective sponsors1 to the ,attorney ,general or the ,secretary of ,homeland ,security without consent of the unaccompanied noncitizen child concerned or the prospective sponsor1 as applicable1 and the legal counsel of the child or sponsor1 respectively4 7b7 ,immigration enforcement 7#a7 ,in general ,the sharing of any information between the ,office of ,refugee ,resettlement and the ,department of ,homeland ,security for purposes of immigration enforcement is prohibited4 7#b7 ,explanation for prospective sponsors ,the ,director shall ensure that ,office of ,refugee ,resettlement communications with sponsors and prospective sponsors1 including the family reunification application packet1 includes an explanation that information provided to the ,office of ,refugee ,resettlement may only be shared with the ,department of ,homeland ,security if the child and sponsor or prospective sponsor concerned have provided informed consent4 7c7 ,relief from removal ,the sharing of any information between the ,office of ,refugee ,resettlement and the ,department of ,homeland ,security or the ,department of ,justice for purposes of relief from removal is prohibited4 7d7 ,exceptions 7#a7 ,in general ,the ,secretary may provide for the disclosure of information in the same manner and circumstances as census information may be disclosed by the ,secretary of ,commerce under section #h of title #ac1 ,united ,states ,code4 7#b7 ,national security purposes ,the ,secretary may provide for the disclosure of information to national security officials to be used solely for a national security purpose in a manner that protects the confidentiality of such information4 7#c7 ,law enforcement purposes ,the ,secretary may provide for the disclosure of information to law enforcement officials to be used solely for a legitimate law enforcement purpose in a manner that protects the confidentiality of such information4 7#d7 ,eligibility for benefits ,the ,secretary may disclose information to ,federal1 ,state1 and local public and private agencies providing benefits1 to be used solely in making determinations of eligibility for benefits pursuant to section #dca of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda74 7#e7 ,adjudication of applications for relief ,government entities adjudicating applications for relief under the immigration laws and government personnel carrying out mandated duties under section #aja7;i77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;i77#a771 may1 with the prior written consent of the noncitizen involved1 communicate with nonprofit1 nongovernmental victims' service providers for the sole purpose of assisting victims in obtaining victim services from programs with expertise in working with immigrant victims4 ,agencies receiving referrals are bound by the provisions of this section4 ,nothing in this paragraph shall be construed as affecting the ability of an applicant to designate a safe organization through which ,governmental agencies may communicate with the applicant4 7e7 ,rule of construction ,subsections 7a71 7b71 and 7c7 shall not be construed as preventing-- 7#a7 disclosure of information in connection with judicial review of a determination in a manner that protects the confidentiality of such information2 or 7#b7 the ,secretary from disclosing to the chair and ranking members of the ,committee on the ,judiciary of the ,senate or the ,committee on the ,judiciary of the ,house of ,representatives1 for the exercise of congressional oversight authority1 information on closed cases under this section in a manner that protects the confidentiality of such information and that omits personally identifying information 7including locational information about individuals74 #hje4 ,counseling records 7a7 ,in general ,subject to subsection 7b71 information shared by an unaccompanied noncitizen child in counseling sessions1 and written records and notes of counseling sessions1 may not be shared with the child's case management specialist or any other employee of the ,office of ,refugee ,resettlement1 the ,department of ,health and ,human ,services1 the ,department of ,justice1 or the ,department of ,homeland ,security4 7b7 ,disclosure ,the information1 records1 and notes described in subsection 7a7 may be shared-- 7#a7 with an employee described in that subsection only if the child presents a documented imminent threat to himself or herself or to any other individual2 or 7#b7 with the ,department of ,justice or the ,department of ,homeland ,security if the child has-- 7,a7 consulted with his or her legal counsel2 and 7,b7 provides informed consent for the disclosure4 7c7 ,juvenile information 7#a7 ,in general ,juvenile information1 including records of children separated from family1 shall remain confidential regardless of the child's immigration status4 7#b7 ,rule of construction ,nothing in this ,act may be construed as authorizing-- 7,a7 the disclosure of juvenile information to ,federal officials absent a court order of the judge of the juvenile court on filing a petition2 7,b7 the dissemination of juvenile information to1 or by1 ,federal officials absent a court order of the judge of the juvenile court on filing a petition2 7,c7 the attachment of juvenile information to any other document given to1 or provided by1 ,federal officials absent prior approval of the presiding judge of the juvenile court2 or 7,d7 any disclosure that would otherwise violate this ,act4 7#c7 ,definition of juvenile information ,in this section1 the term juvenile information includes the juvenile case file and information related to a noncitizen child 7including the name1 date1 and place of birth of the child1 the child's health and education records1 and the immigration status of the child7 that is-- 7,a7 obtained or created independent of1 or in connection with1 immigration1 asylum1 or juvenile court proceedings of which the child is a subject2 and 7,b7 maintained by any ,federal or ,state agency1 including a court1 probation office1 child welfare agency1 or law enforcement agency4 #hjf4 ,data protection for sponsors 7a7 ,in general ,with respect to any information required of sponsors or prospective sponsors or any data collected in pursuit of sponsorship1 the following protections shall apply3 7#a7 ,such information and data-- 7,a7 may not be disclosed for any purpose or effect other than reunification of the family unit1 placement of a child with a sponsor1 or oversight by ,congress2 7,b7 shall be immune from legal process2 and 7,c7 shall not1 without the consent of the sponsor or prospective sponsor concerned1 be admitted as evidence or used for any purpose in any action1 suit1 or other judicial or administrative proceeding4 7#b7 ,the ,secretary or any other officer or employee of the ,department of ,health and ,human ,services may not-- 7,a7 use such information or data for any purpose other than for purposes of reunification under section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb72 7,b7 make any publication in which such information or data can be identified2 or 7,c7 permit any individual other than the sworn officers and employees of the ,department of ,health and ,human ,services to examine such information or data4 ,,ix ,miscellaneous provision #ija4 ,rule of construction ,nothing in this ,act may be construed-- 7#a7 to limit the rights of a noncitizen child-- 7,a7 to preserve #a or more issues for judicial review in the appeal of an individual case2 or 7,b7 to exercise any independent right the noncitizen child may otherwise have2 7#b7 to affect the application of the ,flores settlement agreement to all children in immigration custody2 7#c7 to abrogate1 modify1 or replace the ,flores settlement agreement2 or 7#d7 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