Sec. 602. Data collection and reporting
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The Secretary of Homeland Security shall collect and maintain a record of each noncitizen child held in the custody of the Secretary of Homeland Security. Not less frequently than weekly, the Secretary of Homeland Security shall— collect the information described in paragraph
(3)from each district office and Border Patrol station; and submit such data to— the Ombudsperson; and the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives. The information described in this paragraph is the following: For each noncitizen child in the custody of the Secretary of Homeland Security, the following: Biographical information, including full name, date of birth, country of citizenship, preferred language, and alien number. The date the child was apprehended and placed in such custody. The date and the time the child was released or transferred from such custody and to whom the child was so released or transferred. For each accompanying family member of the child or other adult the child identifies as a previous caregiver, biographical and contact information. An indication as to whether the child arrived in the company of a family member other than a parent or legal guardian, and in the case of a separation from that family member, a justification for the separation. The number of children in the custody of the Secretary of Homeland Security as of the last day of each calendar month, calculated to include all such children, disaggregated by— facility; and Border Patrol sector. The largest number of children concurrently held in such custody, calculated to include all such children, and the 1 or more dates on which such largest number occurred, disaggregated by— facility; and Border Patrol sector. The median and average number of hours in such custody for each such child, calculated to include all such children, disaggregated by— facility; and Border Patrol sector. Not less frequently than monthly, the Secretary of Homeland Security shall publish on a publicly accessible internet website of the Department of Homeland Security the following: The figures for the data collected under paragraph (3)(B)(i). For the preceding calendar month, the figures for the data collected under clauses
(ii)and
(iii)of paragraph (3)(B). To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall— develop a systemic data collection system to collect and maintain relevant demographic information that is pertinent to serving— the population of unaccompanied noncitizen children in the custody of the Secretary of Health and Human Services; and children who have been released from such custody with services pending; not less than every 3 years, review the data collected, the categorization of such data, the information architecture for organizing and analyzing such data, any safety concern relating to the collection of such data, and the method for obtaining or collecting such data under such system; as appropriate, revise such system to make improvements in service delivery to unaccompanied noncitizen children; and if such system is so revised, ensure the continuity of comparative data from periods before and after the revision; and ensure the ongoing functioning and use of such system by the Office of Refugee Resettlement. Not less frequently than weekly, the Director shall— collect from each childcare facility the information described in paragraph (3); and maintain such information in the system described in paragraph (1)(A). The information described in this paragraph is the following: For each unaccompanied noncitizen child in the custody of the Secretary of Homeland Security— biographical information, including full name, date of birth, country of citizenship, preferred language, and alien number; the date the child was apprehended and placed in such custody of the Secretary of Homeland Security; the date the child was placed in the custody of the Secretary of Health and Human Services; the date on which the child was placed in a childcare facility, or transferred between childcare facilities, as applicable, and the name and location of each childcare facility; in the case of a child placed in a residential treatment center, therapeutic childcare facility, staff-secure facility, or out-of-network facility, a justification for such placement; the status of the child’s family reunification process, including— a record of the 1 or more case managers who have worked on the child’s case, including a description of the work performed; in the case of a child who is released or discharged from the custody of the Secretary of Health and Human Services— the date of release or discharge; the name of the individual to whom the child was released, as applicable; and the reason for release or discharge; and in the case of a child removed from the United States, the date of removal and the country to which he or she was removed, regardless of whether a child was removed directly from the custody of the Secretary of Health and Human Services; and the number of occasions on which the operator of a childcare facility or an influx facility contacted law enforcement with respect to the child, as applicable, and the justification for each such contact. For each childcare facility or influx facility funded by the Department of Health and Human Services— the median length of stay for unaccompanied noncitizen children placed at the facility; for children who have been released to sponsors, the median amount of time spent by such children in the custody of the Secretary of Health and Human Services before release; the utilization rate of the facility (excluding funded but unplaceable beds and calculated as the number of filled beds divided by the number of beds available for placement, expressed as a percentage); the percentage of unaccompanied noncitizen children transferred from the facility to any other facility, calculated on a rolling basis; and the number and type of child abuse or neglect allegations against facility staff or against other children in the facility, and the number of such allegations substantiated. For all childcare facilities and influx facilities, in the aggregate— the number of pending beds; and the number of delivered beds, disaggregated by— beds occupied by unaccompanied noncitizen children; unoccupied beds available for potential use by unaccompanied noncitizen children; and unavailable beds that are funded but cannot receive children. In this subparagraph: The term delivered bed means a bed delivered to the Department of Health and Human Services for use by an unaccompanied noncitizen child. The term pending bed means a bed— to be provided to the Department of Health and Human Services for use by an unaccompanied noncitizen child that is funded by a grant, cooperative agreement, contract, or any other means; but that is not yet a delivered bed. For all unaccompanied noncitizen children in the custody of the Secretary of Health and Human Services— the median time-to-release, disaggregated by— children released to parents or legal guardians; children released to other sponsors; children who have home studies mandated by section 235 of the Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ); children granted home studies through the discretion of the Director; and all other children; and the number of children who have been in such custody for more than 90 days, disaggregated by— children placed in therapeutic foster care; children placed in long-term foster care; and children in placements that are not therapeutic foster care or long-term foster care. The number and characteristics of children placed in and exiting the custody of the Secretary of Health and Human Services. The status of the unaccompanied noncitizen child population, including the number of such children in such custody, age cohorts of such children, length of placements, types of placements, location in-network or out-of-network, and goals for reunification by sponsor or placement type. The number and percentage of unaccompanied noncitizen children designated for and receiving any of the following: Mandatory home studies. Discretionary home studies. Post-release services. The number and percentage of unaccompanied noncitizen children held in a facility funded by the Office of Refugee Resettlement with more than 25 other unaccompanied noncitizen children. The number and percentage of unaccompanied noncitizen children with special needs or disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )). For each type of childcare facility and each influx facility— the average national case manager-to-child ratio; and the national utilization rate (excluding funded but unplaceable beds and calculated as the number of filled beds divided by the number of beds available for placement, expressed as a percentage). The number of such facilities alleged and found to be out of compliance with the facility standards under the Prison Rape Elimination Act of 2003 ( 34 U.S.C. 30301 et seq. ). The number and types of violations for sexual abuse and exploitation alleged and resolved with respect to unaccompanied noncitizen children while in the custody of the Secretary of Health and Human Services, counted and categorized in accordance with the Prison Rape Elimination Act of 2003 ( 34 U.S.C. 30301 et seq. ). The rate of compliance with subparagraphs
(A)and
(B)of section 231(a)(2). The general status and characteristics of the population of unaccompanied noncitizen children and their family members. The general quality and speed of the placement process, and information on post-placement outcomes. Barriers to release for such children, including relevant cross-tabulations with other collected data. An identification of children who are vulnerable to or victims of human trafficking. The general status and characteristics of facilities funded by the Office of Refugee Resettlement for the purpose of the care of unaccompanied noncitizen children. The rate of increase or decrease in childcare facility usage, such that cross-facility comparisons are useful or systemwide seasonal variations may be anticipated. Aggregate measures that allow comparison between facilities by size, placement type, and any other appropriate factor of number and type of child abuse or neglect allegations against staff or against other children. The Director shall develop and implement standards for the collection of the information described in clause (i). Not less frequently than weekly, the Director shall submit, in a manner that corresponds with publication under paragraph (6), the information described in paragraph
(3)for the preceding week to— the Ombudsperson; and the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives. The data collection system developed and implemented under paragraph
(1)shall— ensure that— data collected is reliable and consistent over time and among jurisdictions through the use of uniform definitions and methodologies; and publicly available data remains reliable and consistent over time, unless— the removal of data from the public domain protects individuals or groups of individuals from harm or potential harm; or a modification to a definition or methodology is necessary to allow the Office of Refugee Resettlement to serve unaccompanied noncitizen children better, individually or as a group; and for the information described in paragraph (3)(F), include metadata with respect to whether, and in what form, such information may be made available to the public, with the presumption that information shall be made available to the public— in the least restricted form that protects individual privacy; and on the same internet website used for publication under paragraph (6). The Director shall use appropriate requirements and incentives to ensure that the data collection system developed and implemented under paragraph
(1)functions reliably throughout the United States. Not less frequently than monthly, the Director shall publish on a publicly accessible internet website of the Office of Refugee Resettlement the following: As of the last day of the preceding calendar month, the figures for the data collected under subparagraphs (C), (D)(ii), and (E)(ii) of paragraph (3). For each calendar month, the figures for the data collected under subparagraphs (D)(i), (E)(i), (E)(v), and (E)(vi) of paragraph (3). If an influx facility, an emergency facility, or any other unlicensed facility is in operation to house noncitizen children, the figures for the data collected under paragraph (3)(E)(ix) and any other data required to ensure oversight and transparency under section 306. The data and measures described in paragraph (3)(F) for which new or continuing publication is— in the public interest; or required under paragraph (5)(A). A description of any change between the information reported under subclauses
(I)through
(IV)for the reporting period and such information reported for the preceding reporting period. The information published under clause
(i)shall be aggregated so as to facilitate uniform monthly reporting. Not less frequently than annually, the Director shall publish on a publicly accessible internet website of the Office of Refugee Resettlement the following: As of the last day of each fiscal year, the figures for the data collected under subparagraphs (E)(iii), (E)(v), (E)(vii), and (E)(viii) of paragraph (3). The data and measures described in paragraph (3)(F) for which new or continuing publication is— in the public interest; or required under paragraph (5)(A). A description of any change between the information reported under subclauses
(I)and
(II)for the reporting period and such information reported for the preceding reporting period. The information published under clause
(i)shall be aggregated so as to facilitate uniform annual reporting. The Secretary of Health and Human Services and the Secretary of Homeland Security shall— ensure that the Ombudsperson— has access to all real-time data regarding noncitizen children in immigration custody; and is able to independently and regularly review data collected by the Department of Health and Human Services and Department of Homeland Security with respect to such children; respond in a timely manner to inquiries from the Ombudsperson with respect to such data; and promptly take any necessary corrective action with respect to the accuracy and integrity of such data.
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