Sec. 4. Health and safety protections for detained children
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/bill/116/s/2113/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A family unit may be detained only in accordance with the holding in Flores v. Sessions et al. (9th Cir. July 5, 2017; C.D. CA; July 24, 2015) and the stipulated settlement agreement as filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85 4544 RJK), including all subsequent court decisions and interpretations (referred to in this section as the Flores settlement agreement ). Any regulation proposed or promulgated to supersede the Flores settlement agreement shall have no force or effect.
Nothing in this Act may be construed— to affect the application of the Flores settlement agreement to unaccompanied alien children; or to abrogate the Flores settlement agreement. The review of any determination by the Secretary of Homeland Security to detain an individual or a family unit under this subsection shall be in accordance with all other provisions of law, holdings (including any holding made in Flores v. Sessions et al. (9th Cir. July 5, 2017; C.D. CA; July 24, 2015)), consent decrees, and settlement agreements (including the Flores settlement agreement).
With respect to a child in the custody of the Secretary of Homeland Security, not later than one hour after the time at which the initial intake of such child is completed, the Secretary of Homeland Security shall ensure that the child receives a body temperature check. Not later than 48 hours after the time at which a child is taken into the custody of the Secretary of Homeland Security, the Secretary shall ensure that the child receives a medical evaluation by a medical professional with specialized pediatric training— to determine whether the child has any health or safety concerns; and that includes a measurement of all vital signs and a body temperature check.
The Secretary of Homeland Security shall enter into a memorandum of understanding with the Public Health Service Commissioned Corps and the Secretary of Health and Human Services to provide specialized training relating to migration for the Public Health Service Commissioned Corps to support deployment at Office of Refugee Resettlement facilities and U.S. Customs and Border Protection facilities during any period in which high numbers of unaccompanied alien children and families arrive at the Southern border.
With respect to any U.S. Customs and Border Protection facility, the Secretary of Homeland Security shall ensure that— the facility— complies with the standards of the U.S. Customs and Border Protection entitled National Standards on Transport, Escort, Detention, and Search issued in October 2015; remains at an appropriate temperature; is properly ventilated; has adequate supervision and other safeguards to protect detained children from other detained individuals; and has a child welfare specialist on staff, or has prompt access to a child welfare specialist, for purposes of making a finding under section 3(a)(1)(C); each detained individual is provided— not fewer than three healthy and nutritious meals daily, in accordance with the most recent dietary guidelines of the Department of Agriculture, that— in the case of an adult who is not pregnant or breastfeeding, provide a total of not fewer than 2,000 calories; or in the case of a detained child or an individual who is pregnant or breastfeeding, meet, as applicable— the nutrition standards for the school lunch program authorized under the Richard B.
Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); or the nutrition standards established under the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ); not less than 1 gallon of clean drinking water daily, including age-appropriate liquids; regular access to hygiene products, including— soap; a toothbrush and toothpaste; not fewer than one full change of clothing; a towel; toilet paper; feminine hygiene products, as applicable; prenatal vitamins, as applicable; and diaper changing materials, as applicable, including— a clean diaper changing station; diapers in the appropriate size; diaper rash ointment; baby wipes; and diaper disposal receptacles; regular access to showers, sinks, and toilets; and an opportunity to contact any family member with whom the detained individual was apprehended; and in the case of a detained individual the prescription medication of whom is confiscated on apprehension, not later than six hours after the time at which the detained individual arrives at a U.S.
Customs and Border Protection facility, a medical professional, or in the case of a child, a medical professional with pediatric training reviews such confiscation and makes a determination whether the medication shall be— kept by the detained individual in his or her possession for regular use during detention; properly stored by U.S. Customs and Border Protection officials, with appropriate access for regular use by the detained individual during detention; or stored with the personal property of the detained individual.
The Secretary of Homeland Security shall ensure the full compliance of each U.S. Immigration and Customs Enforcement detention system facility, including each contract facility and each local or county jail operating under an intergovernmental service agreement, with, at a minimum, the standards of U.S. Immigration and Customs Enforcement entitled Performance-Based National Detention Standards 2011 , as revised in December 2016. On the maturation of any existing contract to house unaccompanied alien children, the Secretary of Health and Human Services may only offer to extend or enter into a new contract or cooperative agreement for the housing of unaccompanied alien children with one or more nonprofit entities that are— licensed by the applicable State; and in compliance with Exhibit 1 of the Flores settlement agreement, regardless of the status of the underlying Flores settlement agreement.
The Secretary of Health and Human Services shall prioritize the use of standard care facilities and influx care facilities that house not more than 100 unaccompanied alien children. In the case of an influx, the Secretary of Health and Human Services may not house one or more unaccompanied alien children in an influx care facility for more than 30 days. Not less frequently than daily during an influx in which one or more unaccompanied alien children are housed in an influx care facility, the Secretary of Health and Human Services shall submit to the appropriate committees of Congress a daily report on efforts to reduce the average length of care of unaccompanied alien children in the custody of the Secretary of Health and Human Services.
Each report under subclause
(I)shall include the following: A detailed description of any proposed— policy with respect to the care of unaccompanied alien children; and staffing increase at an influx care facility. With respect to the influx, the mean and median number of days between— the date on which a family reunification application is submitted for an unaccompanied alien child; and the date on which the Secretary of Health and Human Services issues a decision on such application. The total number of such applications granted. The total number of such applications denied. A description of any action considered but not taken with respect to the care and custody of unaccompanied alien children as a result of a conflict with Federal or State law. The Secretary of Health and Human Services may transfer an unaccompanied alien child from a State-licensed standard care facility to an influx care facility solely for the purpose of— family reunification; or placement with a sponsor that shall occur not later than 14 days after the date on which the unaccompanied alien child is transferred.
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