Sec. 413. Background checks to ensure the safe placement of unaccompanied alien children
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In carrying out the functions transferred to the Director under section 462(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(a) ), from amounts appropriated pursuant to section 403 to carry out this section, the Director shall perform, consistent with best practices in the field of child welfare, and a prospective sponsor and all resident adults in the home of the prospective sponsor shall submit to the following record checks (which shall be completed as expeditiously as possible):
Fingerprint-based checks (except as described in paragraph (2)) in national crime information databases, as defined in section 534(e)(3) of title 28, United States Code. A search of the State criminal registry or repository for any State (except as described in paragraph (3)) in which the prospective sponsor or resident adult has resided during the 5 years preceding the search. A search of the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16919 ).
A search (except as described in paragraphs
(2)and (3)) of State-based child abuse and neglect registries and databases for any State in which the prospective sponsor or resident adult has resided during the 5 years preceding the search. For purposes of paragraph (1), if the prospective sponsor is the parent or guardian of the child involved, the Director shall have discretion to determine whether the Director shall perform, and the prospective sponsor and resident adults described in paragraph
(1)shall submit to, a check described in subparagraph
(A)or
(D)of paragraph (1). If the Secretary determines that it is not feasible to conduct the check described in subparagraph
(B)or
(D)of paragraph
(1)for a State, including infeasibility due to a State's refusal or nonresponse in response to a request for related information, or that the average time to receive results from a State for such a check is more than 10 business days, the Secretary may waive the requirements of that subparagraph with respect to the State involved for a period of not more than 1 year. The Secretary may renew the waiver in accordance with this subparagraph. The Secretary may not delegate the responsibility under subparagraph
(A)to another officer or employee of the Department. The Secretary shall make available, on a website of the Department, the list of States for which the requirements of subparagraph
(B)or
(D)of paragraph
(1)are waived under this paragraph. The information revealed by a record check performed pursuant to this section shall be used only by the Director for the purpose of determining whether a potential sponsor is a suitable sponsor for a placement for an unaccompanied alien child. The Director shall deny any placement for a prospective sponsor (other than the parent or guardian of the child involved), and may deny any placement for a prospective sponsor who is the parent or guardian of the child involved subject to subsection (c), if the record checks performed pursuant to this section reveal that the prospective sponsor or a resident adult in the home of the prospective sponsor was convicted at age 18 or older of a crime that is a felony consisting of any of the following: Domestic violence, stalking, child abuse, child neglect, or child abandonment, if the prospective sponsor or resident adult served at least 1 year imprisonment for a crime specified in this subparagraph, or if the prospective sponsor or resident adult was convicted of 2 or more crimes specified in this subparagraph, not arising out of a single scheme of criminal misconduct. A crime against a child involving pornography. Human trafficking. Rape or sexual assault. Homicide. The Director may deny a placement for a prospective sponsor if the record checks performed pursuant to this section reveal that the prospective sponsor or a resident adult in the home of a prospective sponsor was adjudged guilty of a civil offense or was convicted of a crime not covered by paragraph (1). The Director, in making a determination about whether to approve or deny the placement, shall consider all of the following factors: The type of offense. The number of offenses the sponsor or resident adult has been adjudged guilty or convicted of. The length of time that has elapsed since the adjudication or conviction. The nature of the offense. The age of the individual at the time of the adjudication or conviction. The relationship between the offense and the capacity to care for a child. Evidence of rehabilitation of the individual. Opinions of community and family members concerning the individual. The Director may deny a placement for a prospective sponsor who is the parent or guardian of the child involved if the record checks performed pursuant to this section reveal that the prospective sponsor or a resident adult in the home of a prospective sponsor was adjudged guilty of a civil offense or was convicted of a crime. The Director, in making a determination about whether to approve or deny the placement, shall consider all of the factors described in subsection (b)(2). The Secretary shall provide information to each prospective sponsor on how such sponsor may appeal— a placement determination under this section, including— prompt notice of the opportunity to so appeal; and instructions about how to participate in the appeals process; and the results of a record check performed pursuant to this section or the accuracy or completeness of the information yielded by the record check, as provided in paragraph (2), including— prompt notice of the opportunity to so appeal; and instructions about how to participate in the appeals process. Each Federal agency responsible for administering or maintaining the information in a database, registry, or repository used in a record check performed pursuant to this section or responsible for the accuracy or completeness of the information yielded by the record check shall— establish a process for an appeal concerning the results of that record check, or that accuracy or completeness; and complete such process not later than 30 days after the date on which such an appeal is filed. Nothing in this section may be construed to prohibit the Director from establishing additional checks or procedures (besides the checks required in this section) for sponsors, to enable the Director— to oversee and promote the health, safety, and well-being of unaccompanied alien children; or to prevent the exploitation, neglect, or abuse of unaccompanied alien children.
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Sec. 413
Background checks to ensure the safe placement of unaccompanied alien children
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