Sec. 601. Office of the Ombudsperson for Unaccompanied Noncitizen Children in Immigration Custody
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There is established within the Department of Health and Human Services an Office of the Ombudsperson for Unaccompanied Noncitizen Children (referred to in this section as the Office ) to monitor and oversee compliance with this Act and the amendments made by this Act. The Office shall be an impartial, confidential resource that is fully independent of— the Office of Refugee Resettlement; and the Department of Homeland Security. The Office shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary.
Before making an appointment under paragraph (1), the Secretary shall solicit and consider candidate recommendations from organizations that provide legal services to, and advocate on behalf of, immigrant children. The Secretary may not appoint as Ombudsperson any individual who, during the 2-year period preceding the date of appointment, was an employee of the Office of Refugee Resettlement or the Department of Homeland Security. Subject to subparagraph (C), the term of an Ombudsperson appointed under this subsection shall be not more than 4 years.
An Ombudsperson may be appointed for consecutive terms. The term of an Ombudsperson shall not expire before the date on which the Ombudsperson's successor is appointed. The Secretary may only remove or suspend an Ombudsperson for neglect of duty or gross misconduct. The Ombudsperson shall establish not fewer than 7 regional offices of the Office— to strengthen State oversight; to investigate complaints; to coordinate with State licensing entities; and to identify and address differences among State child protection laws.
The regional offices required under clause
(i)shall be established in the following locations: 1 regional office in Texas. 1 regional office in Arizona. 1 regional office in California or a State in the Northwest. 1 regional office in a State in the Midwest. 1 regional office in a State in the Mid-Atlantic. 1 regional office in a State in the Northeast. 1 regional office in a State in the Southeast. The Ombudsperson may make a recommendation to the Secretary with respect to the location of any additional regional office. The Ombudsperson shall appoint a full-time deputy for each regional office, who shall serve at the Ombudsperson's discretion. The regional offices established under this subparagraph shall have the same access to facilities and records, maintain the same rights, roles, and responsibilities, and be subject to the same confidentiality requirements as the Office. The Ombudsperson shall hire to carry out the functions of the Office necessary personnel, including clerical personnel, who shall serve at the discretion of the Ombudsperson. The personnel hired under clause
(i)shall include relevant subject matter experts, including— legal advocates or specialists in the fields of child and family welfare, immigration, and human rights; pediatricians; child and adolescent psychiatrists and psychologists; social workers; data analysts with demonstrable expertise in child welfare or immigration; and youth or young adults with experience as noncitizen children in immigration custody. The Ombudsperson shall monitor, including by making site visits, for compliance with all applicable law and standards relating to noncitizen children in immigration custody. The Ombudsperson shall conduct site visits of influx facilities, as described in section 306. The Ombudsperson— may conduct any investigation relating to noncitizen children in immigration custody the Ombudsperson considers necessary; and shall investigate— claims of abuse, neglect, or mistreatment of noncitizen children by the Government or any other entity while in immigration custody; and complaints made against foster care providers, including in the case of such a provider that is subject to State oversight. The Ombudsperson shall commence an investigation under clause (i)(II) not later than 30 days after the date on which a claim or complaint described in that clause is received. If in the course of an investigation under clause (i)(II)(bb) the Ombudsperson discovers a State licensing violation, the Ombudsperson shall report the violation to the child welfare licensing agency of the applicable State. The Ombudsperson shall establish a procedure for conducting investigations, receiving and processing complaints, and reporting findings. If the Ombudsperson decides to commence an investigation based on a complaint received, not later than 45 days after the date on which the investigation commences, the Ombudsperson shall so notify the complainant. If the Ombudsperson decides not to investigate a complaint or to discontinue an investigation commenced under this subparagraph, not later than 45 days after the date on which such an action is taken, the Ombudsperson shall notify the complainant and provide a reason for such action. The Ombudsperson shall provide a complainant with updates on the progress of an investigation and shall notify the complainant of the results of the investigation. All information obtained by the Ombudsperson from a complaint shall be confidential under applicable Federal and State confidentiality law, regardless of whether the Ombudsperson— investigates the complaint; refers the complaint to any other entity for investigation; or determines that the complaint is not a proper subject for an investigation. Disclosure of any such information may only occur as necessary to carry out the mission of the Office and as permitted by law. The Ombudsperson shall establish and maintain— a public toll-free telephone number to receive complaints and reports of matters for investigation; and a public email address to receive complaints, such reports, and requests for review of placement and sponsorship decisions. The Ombudsperson shall ensure that such telephone number and email address— are made available, and a telephone is accessible, to all children in immigration custody; and are made available to prospective sponsors, sponsors, Flores settlement agreement class counsel, and legal services providers and child advocates who serve such noncitizen children. The Director shall provide such telephone number and email address to the prospective sponsor of each unaccompanied noncitizen child. Such telephone number and email address shall be posted in public areas of each facility or placement in which 1 or more children in immigration custody are held, in multiple languages, including the top 20 preferred languages. The Ombudsperson may require that such contact information be made available and posted in any additional language the Ombudsperson considers necessary based on the demographics of arriving noncitizen children. The Ombudsperson may hold public hearings as the Ombudsperson considers necessary. The Ombudsperson may offer individual case assistance for noncitizen children in immigration custody. In providing such individual case assistance, the Ombudsperson may speak with a noncitizen child’s prospective sponsor, family members, child advocate, legal counsel, case manager, case coordinator, and Office of Refugee Resettlement Federal field specialist staffing the noncitizen child’s case, as applicable. Not less frequently than quarterly, the Ombudsperson shall invite community stakeholders, including attorneys who represent noncitizen children in immigration custody, to participate in a meeting. Not less frequently than quarterly, the Ombudsperson shall invite personnel of the Department of Homeland Security and the Department of Health and Human Services who manage the data tracking systems described in section 602 to participate in a meeting for the purpose of informing the Ombudsperson with respect to the efficacy and responsiveness of the system with empirical data, analysis, and data needs. The Ombudsperson may convene additional meetings at any time, as the Ombudsperson considers necessary. Not less frequently than annually, the Ombudsperson shall issue a public report on the implementation of and compliance with this Act and the amendments made by this Act, by the Secretary and the Secretary of Homeland Security. Each report under subclause
(I)shall include the following: For the preceding fiscal year, the accomplishments and challenges relating to such implementation and compliance. A summary of complaints made and investigations carried out during the preceding fiscal year, including— the number of complaints and number and nature of other contacts; the number of complaints made, including the type and source; the number of investigations carried out; the trends and issues that arose in the course of investigating complaints; and the number of pending complaints. For the preceding fiscal year, a summary of— each site visit conducted; any interview with a noncitizen child or facility staff; facility audits and corrective actions taken or recommended; appeals made to the Ombudsperson; and any other information the Ombudsperson considers relevant. A detailed analysis of the data collected under section 602. Recommendations— for improving implementation and compliance with this Act and the amendments made by this Act; and as to whether the Director should renew or cancel contracts with particular Office of Refugee Resettlement grantees. A description of the priorities for the subsequent fiscal year. The Ombudsperson shall issue a public report on the training materials developed by the Director under section 203(d)(4) that includes a description of any concerns the Ombudsperson has with respect to the materials. The Ombudsperson may issue additional reports at any time, including data analyses and findings, as the Ombudsperson considers necessary. The Ombudsperson may submit to the Director, the Director of U.S. Immigration and Customs Enforcement, and the juvenile coordinators of U.S. Customs and Border Protection requests for information with respect to the implementation of this Act. Not later than 30 days after the date on which a juvenile coordinator receives a request for information under clause (i), the juvenile coordinator shall submit a detailed response to the Ombudsperson, the Director, the Director of U.S. Immigration and Customs Enforcement, and the Commissioner of U.S. Customs and Border Protection. The Secretary and the Secretary of Homeland Security shall— cooperate with any request for information by the Ombudsperson; and report to the Ombudsperson any policy or instruction issued to employees regarding the implementation of this Act. The Ombudsperson may— issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and compel by subpoena, at a specified time and place— the appearance and sworn testimony of an individual who the Ombudsperson reasonably believes may be able to provide information relating to a matter under investigation; and the production by an individual of a record of an object that the Ombudsperson reasonably believes may relate to a matter under investigation. In the case of an individual who fails to comply with a subpoena issued under this subparagraph, the Ombudsperson may commence a civil action in an appropriate court. The Ombudsperson shall— develop notices of rights, as described in sections 105(d)(5) and 202; review training materials, as described in section 203(d)(4); conduct reviews of decisions in placement review hearings, as described in section 226(b)(6); conduct reviews of decisions in sponsorship hearings, as described in section 232(b)(3)(H); regularly review data collected under section 602; and track and monitor processing times and length of custody for noncitizen children in immigration custody. The Secretary and the Secretary of Homeland Security shall ensure unobstructed access by the Ombudsperson to any facility at which a noncitizen child is detained. For each site visit conducted by the Ombudsperson, facility staff shall provide a list of the unaccompanied noncitizen children housed in the facility, including their names, alien registration numbers, dates of birth, dates of apprehension, and the dates of facility placement— in the case of an announced site visit, not less than 48 hours before the arrival of the Ombudsperson; and in the case of an unannounced site visit, on the arrival of the Ombudsperson. A facility shall provide a private and confidential space in which the Ombudsperson may interview unaccompanied noncitizen children and staff. The Ombudsperson may designate 1 or more individuals from outside the Ombudperson’s office to conduct site visits and interview detained children. On request by the Ombudsperson, the Secretary shall ensure, not later than 48 hours after receipt of the request, unobstructed access by the Ombudsperson to— the case files, records, reports, audits, documents, papers, recommendations, or any other pertinent information relating to the care and custody of a noncitizen child; and the written policies and procedures of all childcare facilities. In this subsection, the term unobstructed access means— with respect to a facility, the ability— to enter the facility at any time, including unannounced, to observe and inspect all areas of the facility; to communicate privately and without restriction with any child, caregiver, facility staff, or volunteer; and to obtain, review, and reproduce any— record of a child, staff member, or caregiver; administrative record, policy, or document of any facility; licensing record maintained by the applicable Federal or State agency; or record, including a confidential record, of a Federal or State agency or any contractor of a Federal or State agency, except sealed court records, production of which may only be compelled by subpoena; and with respect to information, the ability to obtain requested information in a timely manner and with the full cooperation of the Secretary or the Secretary of Homeland Security, as applicable. The Ombudsperson shall maintain confidentiality with respect to the identities of complainants or witnesses coming before the Office, except if such a disclosure is necessary— to carry out the duties of the Ombudsperson; and to support recommendations made in individual cases, annual reports, or other reports. In accordance with relevant Federal and State law, the Ombudsperson may not disclose a confidential record. The Ombudsperson and employees of the Office may not testify or be deposed in a judicial or administrative proceeding regarding matters that have come to their attention in the exercise of their official duties, except as the Ombudsperson considers necessary to enforce this Act or the amendments made by this Act. The records of the Office, including notes, drafts, and records obtained from an individual, a provider, or an agency during intake, review, or investigation of a complaint, and any reports not released to the public are not subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as the Ombudsperson considers necessary to enforce this Act or the amendments made by this Act. There are authorized to be appropriated such sums as are necessary to carry out this section.