Sec. 103. Data collection
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The Ombudsperson shall regularly review data collected by the Secretary of Health and Human Services and the Secretary of Homeland Security relating to immigrant children in facilities. The Secretary of Health and Human Services and the Secretary of Homeland Security shall provide the Ombudsperson unobstructed access to— real-time custody and detention data for each immigrant child detained by the Government or held in Government custody, including— the location and level of placement; biographical information, including full name, date of birth, country of citizenship, and alien number; all locations at which the immigrant child has been detained or held in custody; the dates and times the immigrant child is booked in and booked out of any facility; transfer and discharge information; and whether the child— has an attorney of record; and has been appointed an independent child advocate under section 235(c)(6) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(6) ); and Department of Homeland Security and Department of Health and Human Services data personnel for the purpose of reviewing data collection and integrity issues.
To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: The total number of immigrant children held in custody by the Secretary of Health and Human Services. The average and median number of days immigrant children remain in such custody. The average and median number of days immigrant children stay in an Office of Refugee Resettlement facility.
The number of immigrant children discharged to sponsors, disaggregated by sponsor category, placement level, specific Office of Refugee Resettlement facility. The sponsor categories of immigrant children held at each Office of Refugee Resettlement facility, disaggregated by placement level. The number and percentage of immigrant children held in an Office of Refugee Resettlement facility with more than 25 immigrant children, disaggregated by placement level. The percentage of filled capacity across all Office of Refugee Resettlement facilities.
The total number of children held at out-of-network facilities, disaggregated by placement level. For each Office of Refugee Resettlement facility— the percentage of filled capacity; the maximum number of available beds; the number and percentage of immigrant children with disabilities, disaggregated by placement level; the number and percentage of immigrant children receiving mandatory home studies, discretionary home studies, and post-release services, disaggregated by placement level; and the number and percentage of immigrant children on a waitlist to receive post-release services.
All information collected and maintained by the data collection system required by paragraph (1)— searchable; and disaggregated by country of citizenship, race, gender, primary language, age, and, as applicable, ethnicity. Not later than the 15th of each month, the Director shall make the data collected under paragraph
(1)for the preceding month available to the Ombudsperson. Information collected under this section may not be used for immigration enforcement or law enforcement purposes. Any record collected, stored, received, or published under this section shall be— collected, stored, received, or published in a manner that protects the privacy of any individual whose information is included in such data; de-identified or anonymized in a manner that protects the identity of any individual whose information is included in such data; and limited in use for the purpose of carrying out the duties of the Office of the Ombudsperson; and protected from any other— internal use by any entity that collects, stores, or receives the record; or inappropriate use.
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