Sec. 164. Child welfare services for children separated from parents detained or removed from the United States for immigration violations
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/bill/113/hr/3163/ih/section-164·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ) is amended— by striking and at the end of paragraph (32); by striking the period at the end of paragraph
(33)and inserting ; and ; and by adding at the end the following: provides that the State shall— create and implement protocols to provide guidance on how all employees of State agencies providing services to children under the State plan should handle cases of separated children that take into account the best interest of the child, including consideration of the best outcome for the family of the child; develop and implement memoranda of understanding or protocols with the Department of Homeland Security, Federal, State, and local government agencies to facilitate communication between the agencies and such a child, a parent, guardian, or relative referred to in section 475(9)(B), family members of such a child, family courts, providers of services to such a child under the State plan, providers of long-term care to such a child, and legal representatives of such a child or of such a parent, guardian, or relative; develop and implement joint protocols and training with law enforcement agencies to minimize the trauma, at the time of the apprehension of such a parent, guardian, or relative, to a child who will become a separated child as a result of the apprehension, including protocols and training for apprehension of such a parent, guardian, or relative in the presence of the child and how to best ensure appropriate and prompt care arrangements for the child; ensure that the case manager for such a child is capable of communicating in the native language of the child and of the family of the child, or an interpreter who is so capable is provided to communicate with the child and the family of the child at no cost to the child or the family of the child; require that, in all decisions and actions relating to the care, custody, and placement of such a child, the best interest of the child, including the best outcome for the family of the child, be considered, and ensure that the decisions are based on clearly articulated factors that do not include predictions or conclusions about immigration status or pending Federal immigration proceedings; and coordinate with the Department of Homeland Security, foreign consular officials and nongovernmental organizations designated by the Secretary to ensure that parents of such a child who wish for the child to accompany them to their country of origin are given adequate time to obtain a passport and visa, collect all relevant vital documents such as birth certificate, health and educational records, and other information. . Section 475(1) of such Act ( 42 U.S.C. 675(1) ) is amended by adding at the end the following: In the case of a separated child with respect to whom the State plan requires the State to provide services pursuant to section 471(a)(34)— the location of the parent, guardian, or relative referred to in paragraph (9)(B) of this subsection from whom the child has been separated; and a written record of each disclosure to a government agency or person (other than such a parent, guardian, or relative) of information gathered in the course of tracking the care, custody, and placement of, and follow-up services provided to, the child. . Section 475 of such Act ( 42 U.S.C. 675 ) is amended by adding at the end the following: The term separated children means individuals who— have a parent, legal guardian, or primary caregiver relative who has been detained by a Federal, State, or local law enforcement agency in the enforcement of an immigration law, or removed from the United States as a result of a violation of such a law; and are in foster care under the responsibility of a State. .
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Sec. 164
Child welfare services for children separated from parents detained or removed from the United States for immigration violations
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