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Code · BILL · 118th Congress · S. 3128 (Introduced in Senate) — To streamline the reporting of violations against immigrant children in Federal custody, to provide protections for u... · Sec. 221

Sec. 221. Technical assistance for community-based care providers

372 words·~2 min read·/bill/118/s/3128/is/section-221·

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Section 235(c)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act ( 8 U.S.C. 1232(c)(2) ) is amended— in subparagraph (A)— in the first sentence, by striking Subject to and inserting the following: Subject to ; and by adding at the end the following: The least restrictive setting that is in the best interest of the child is presumed to be a placement that most approximates a family and in which the child’s special needs, if any, may be met. Children placed under this subsection shall be placed in the following order of preference:
Family-based foster care. Group home foster care. A shelter with capacity for 25 or fewer children. The Secretary of Health and Human Services shall provide technical assistance to nongovernmental, nonprofit organizations that are eligible for grants and contracts awarded by the Department of Health and Human Services to ensure that children are placed in small scale, community-based settings. . Not later than 30 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit to Congress a report on the number of unaccompanied alien children who, during the preceding fiscal year, resided in a facility with a capacity for 25 or fewer children.
Each report required by paragraph
(1)shall describe in detail the barriers for small-scale community-based providers to undergoing the Department of Health and Human Services contracting and granting processes, including staffing limitations, availability, outreach, recruitment of potential providers, other identified barriers to making the transition to small-scale community-based facilities, and recommendations to address such barriers. In developing each report required by paragraph (1), the Secretary for Health and Human Services shall consult with staff of current small-scale or community-based facilities housing children and other organizations with expertise in child development, child welfare, and serving children with disabilities. The Secretary of Health and Human Services shall develop a plan to transition all unaccompanied alien children in the custody of the Secretary to— foster care placements; or shelters with capacity for 25 or fewer children. Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress the plan developed under paragraph (1).
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Sec. 221
Technical assistance for community-based care providers
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