Sec. 603. Enforcement
479 words·~2 min read·
/bill/117/s/4529/is/section-603A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not less frequently than annually, the Director shall conduct an audit of each childcare facility, which shall include a site visit— to assess compliance of the childcare facility with the requirements of this Act; and to determine whether the operator of the childcare facility continues to be a State-licensed program. Not later than 7 days after the date on which the Director completes an audit under subsection (a), the Director shall submit to the Ombudsperson a report on the audit, including a description of any corrective action required to bring the childcare facility into compliance.
With respect to a childcare facility found to be in violation of this Act, the Director shall provide the State-licensed program concerned with a written notification of each deficiency. A State-licensed program shall have the opportunity to administratively appeal a finding of deficiency in a childcare facility operated by the State-licensed program. During the pendency of an appeal under subparagraph (A), the childcare facility may not receive new placements of unaccompanied noncitizen children.
Consistent with the Federal Acquisition Regulation, 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 3 years. An unaccompanied noncitizen child or the parent, legal guardian, 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 matter.
Venue for an action under paragraph
(1)may be found in— the district in which the original childcare facility in which the unaccompanied noncitizen child concerned was placed is located; or the district in which the childcare facility to which the unaccompanied noncitizen child was transferred is located. Review under this section shall be limited to entering an order solely affecting the individual claims of the unaccompanied noncitizen child or the parent, legal guardian, or prospective sponsor seeking such review. An employee of a Federal or State agency, a contractor of a Federal or State agency, or a care provider who intentionally prevents, interferes with, or attempts to impede the work of the Ombudsperson shall be subject to a civil penalty, which shall be not more than $2,500 for each violation. 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 has, in the conduct of official duties, breached the duty of care or engaged in misconduct, the Ombudsperson shall refer the matter to the head of such Federal or State agency, a grand jury, or other appropriate official or agency. A violation of section 604 or any provision of title VII shall be a misdemeanor.