Children's Safe Welcome Act of 2026

(a) In general.— An entity contracted by the Director to operate a childcare facility shall be licensed by an appropriate State agency to provide residential, group, or foster care services for dependent children.

(b) Operation as nonsecure facilities.— Each foster care home operated by a State-licensed program contracted by the Director to provide care for 1 or more unaccompanied noncitizen children, and each childcare facility, including any facility for special needs noncitizen children, shall be maintained as a nonsecure facility, in accordance with applicable State law.

(a) In general.— The Ombudsperson shall develop a notice of children's rights in childcare facilities, which shall be—

(1) posted in each childcare facility in all locations in which unaccompanied noncitizen children are located; and

(2) distributed to each unaccompanied noncitizen child on arrival at a childcare facility.

(b) Description of rights.— The notice required by subsection (a) shall include—

(1) a description of—

(A) all rights afforded to an unaccompanied noncitizen child under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) and this Act;

(B) the right to a bond redetermination hearing; and

(C) any other existing mechanism by which children may seek to enforce their rights, including placement review panels; and

(2) a list of pro bono legal services providers and contact information for such providers.

(c) Format and languages.—

(1) In general.— Such notice shall be—

(A) written in a manner that is child friendly and age-appropriate; and

(B) made available and posted in multiple languages, including the top 20 preferred languages.

(2) Additional languages.— The Ombudsperson may require that such notice be made available and posted in any additional language the Ombudsperson considers necessary based on the demographics of arriving noncitizen children.

(d) Orientation to role of Office of the Ombudsperson.— Each State-licensed program that operates a childcare facility shall provide to each unaccompanied noncitizen child in its care—

(1) information about the Office of the Ombudsperson; and

(2) the contact information for the Office of the Ombudsperson.

(a) Federal field specialists.— The Director shall—

(1) maintain for each childcare facility a reasonable Federal field specialist-to-unaccompanied noncitizen child ratio;

(2) hire additional Federal field specialists as necessary to ensure that, for the majority of unaccompanied noncitizen children in the custody of the Secretary, a decision regarding their release can be made by Federal field specialists not later than 48 hours after the approval of a release recommendation to a sponsor; and

(3) develop and manage a plan for expeditiously placing unaccompanied noncitizen children who have no identified sponsor in the least restrictive setting that most approximates a family.

(b) Case management specialists.— The Director shall ensure that each State-licensed program that operates a childcare facility—

(1) maintains a ratio of 8 unaccompanied noncitizen children to each case management specialist;

(2) provides training for case management specialists that enables the Department of Health and Human Services to meet required timelines for the reunification of unaccompanied noncitizen children in accordance with section 231(c); and

(3) develops accountability measures with respect to the adherence of case management specialists to such timelines.

(c) Contingency fund To address emergent needs.—

(1) In general.— In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Services, out of any money in the Treasury not otherwise appropriated, $46,500,000, to remain available until expended, for a contingency fund (referred to in this section as the “Fund”) for the hiring of case management specialists as required by an influx or any other emergent situation for the purpose of facilitating the release process and minimizing the risk that childcare facilities reach full capacity.

(2) Use of fund.—

(A) Discretionary use.— The Director may draw upon the Fund to reduce the ratio to 6 unaccompanied noncitizen children for each case management specialist if—

(i) 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) reaches or exceeds 65 percent in any week; or

(ii) the Director certifies to Congress that the rate of increase in childcare facility usage, as calculated by the Director for purposes of section 602(b)(3)(F)(i)(VI), has led the Director to believe that such national utilization rate will reach 90 percent in any week during the subsequent 10-week period.

(B) Mandatory use.— The Director shall draw upon the Fund to reduce the ratio to 6 unaccompanied noncitizen children for each case management specialist if such national utilization rate reaches or exceeds 90 percent in any week.

(d) Training.—

(1) In general.— With respect to the personnel of a State-licensed program that operates a childcare facility, the Director shall provide regular in-person training, and a coaching plan with support for 30 days, for such personnel who interact with unaccompanied noncitizen children, including youth care workers, that is—

(A) specific to the age and gender of the unaccompanied noncitizen children at the specific childcare facility; and

(B) consistent across the Office of Refugee Resettlement's network of State-licensed programs.

(2) Topics.— The training required by paragraph (1) shall address the following topics:

(A) Ethical standards of conduct based on accepted child welfare principles with respect to the care of unaccompanied noncitizen children.

(B) Mental health and trauma.

(C) Child development.

(D) Prevention of sexual abuse and harassment.

(E) Cultural humility.

(F) Racial sensitivity.

(G) De-escalation techniques to avert unnecessary involvement of local law enforcement prior to exhaustion of alternative, trauma-informed care, treatment, and restorative responses.

(H) Disabilities.

(3) Specific training for staff working with early childhood minors.— The Director shall ensure that personnel who interact with unaccompanied noncitizen children who are early childhood minors receive specialized training relevant to the needs and capacities of such children.

(4) Development of training materials.— The Director, in collaboration with stakeholders who have expertise in child migration, child mental health, and child development, shall—

(A) develop written, audio, or visual materials with which training under this subsection may be conducted; and

(B) before distribution to personnel of such State-licensed programs, provide the Ombudsperson with such materials.

(5) Department of Health and Human Services staff.— Not later than 90 days after the date of the enactment of this Act, the Secretary shall provide appropriate guidance and training for all Department of Health and Human Services employees with respect to the requirements of this Act.

(a) Provision of required services.— A State-licensed program that operates a childcare facility shall provide the following services for each unaccompanied noncitizen child in its care:

(1) On admission to the childcare facility, a comprehensive orientation regarding—

(A) the rights of the unaccompanied noncitizen child;

(B) the role of the State-licensed program;

(C) the services, rules, procedures, and expectations of the State-licensed program; and

(D) the availability of legal assistance.

(2) Proper physical care and maintenance, including suitable living accommodations, food, appropriate clothing, and personal hygiene items.

(3) Not later than 2 business days after admission to the childcare facility, a comprehensive medical examination that includes screening for infectious disease.

(4) Appropriate, ongoing, and routine medical and dental care, as prescribed by a licensed physician, advanced practice provider, nurse, or physician assistant, including—

(A) reproductive health and family planning services;

(B) emergency health care services;

(C) immunizations in accordance with the Centers for Disease Control and Prevention guidelines;

(D) administration of prescribed medication and special diets; and

(E) mental health screening and intervention, including referrals.

(5) An individualized needs assessment, which shall include the following:

(A) Collection of essential data relating to the identification and history of the unaccompanied noncitizen child and family.

(B) Identification of any special needs of the unaccompanied noncitizen child, including any need that requires immediate intervention.

(C) An educational assessment and plan.

(D) An assessment of family relationships.

(E) A statement of religious preference and practice.

(F) An assessment of the personal goals, strengths, and weaknesses of the unaccompanied noncitizen child.

(G) Collection of identifying information regarding immediate family members, other relatives, godparents, or friends who may be residing in the United States and who may be able to assist in family reunification.

(6) A comprehensive individual plan for the care of the unaccompanied noncitizen child, which shall be—

(A) developed in accordance with the child’s needs, as determined by the individualized needs assessment under paragraph (5); and

(B) implemented and closely coordinated through an operative case management system.

(7) Education services, as described in section 213.

(8) Recreational activities, as described in section 214.

(9) Counseling services, including—

(A) not fewer than 2 weekly individual counseling sessions conducted by licensed mental health professionals, including social workers, psychologists, and psychiatric staff; and

(B) not fewer than 1 weekly group counseling session conducted by licensed mental health professionals, including social workers, psychologists, or psychiatric staff.

(10) Acculturation and adaptation services, including the provision of information regarding the development of social and interpersonal skills.

(11) Religious and spiritual services of the unaccompanied noncitizen child's choice, if any.

(12) Case management services designed to identify relatives or prospective sponsors in the United States and ensure the quick release of the unaccompanied noncitizen child from the custody of the Secretary.

(13) Visitation and contact with family members, regardless of the immigration status of the family members. An unaccompanied noncitizen child and family members of such a child shall be provided with a private, confidential space to meet in during such visitation. The Secretary of Homeland Security may not pursue enforcement actions against such family members during or immediately before or after such visitation.

(14) Telephone and video access for contacting parents, family members, and caregivers, in a private space that ensures confidentiality, at no cost to the unaccompanied noncitizen child, family member, or caregiver. An unaccompanied noncitizen child shall be permitted such access not fewer than 4 times weekly for a period of not less than 30 minutes each time.

(15) A reasonable right to privacy, including the right of the unaccompanied noncitizen child—

(A) to wear the child's own clothes, as available;

(B) to retain a private space in the childcare facility for the storage of personal belongings;

(C) to talk privately on the telephone, as permitted by the rules and regulations of the State-licensed program;

(D) to visit privately with guests, as permitted by such rules and regulations; and

(E) to receive and send uncensored correspondence.

(16) Legal services information regarding the availability of free legal assistance, the right to be represented by counsel, screenings and legal orientation presentations, and facilitated, confidential access to counsel, as described in title IV.

(b) Considerations for provision of services.— A State-licensed program that operates a childcare facility shall provide the services described in subsection (a) in a manner that is sensitive to the age, culture, native language, and complex needs of each unaccompanied noncitizen child.

(c) Rules and discipline standards.—

(1) In general.— The rules and discipline standards of such a State-licensed program shall be—

(A) formulated with consideration given to the age ranges, developmental stages, and degree of trauma experienced by the unaccompanied noncitizen children in the applicable childcare facility; and

(B) culturally sensitive to the needs of such children.

(2) Prohibited measures.— Such a State-licensed program may not subject any unaccompanied noncitizen child to—

(A) corporal punishment, physical or chemical restraint, seclusion, humiliation, verbal or mental abuse, or punitive interference with the daily functions of living, such as eating, sleeping, or bathroom access; or

(B) any disciplinary measure that—

(i) adversely affects the health or physical or psychological well-being of the unaccompanied noncitizen child; or

(ii) denies an unaccompanied noncitizen child regular meals, water, sleep, exercise, medical care, correspondence privileges, legal assistance, education, recreation, bathroom access, or any other service described in subsection (a).

(d) Recordkeeping.—

(1) Individual case records.— The operator of each childcare facility and influx facility shall develop, maintain, and safeguard individual client case records on each unaccompanied noncitizen child in care at the facility.

(2) Confidentiality.— The operator of each childcare facility and influx facility shall develop and maintain a system of accountability that preserves the confidentiality of client information and protects such records from unauthorized use or disclosure in accordance with section 804.

(3) Reporting.— The operator of each childcare facility and influx facility shall maintain adequate records and make regular reports, as required by the Ombudsperson, that permit the Ombudsperson to monitor and enforce this Act, the amendments made by this Act, and any other requirement or standard determined by the Ombudsperson to be in the best interests of unaccompanied noncitizen children.

(a) In general.— The Director shall provide unaccompanied noncitizen children who present an indication of a disability with an evaluation for services under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and provide unaccompanied noncitizen children with disabilities with services (including accommodations) through an individualized plan that includes a plan for prompt release.

(b) Records.— Any record of a screening or an evaluation conducted under this section, and any record related to a decision with respect to the release of an unaccompanied noncitizen child with a disability, shall be maintained separately from the unaccompanied noncitizen child's immigration file (commonly known as an “A-File”).

(a) Curriculum.—

(1) State standards.— A State-licensed program shall provide educational instruction to unaccompanied noncitizen children using a curriculum that—

(A) includes access to physical education, art, and other electives; and

(B) is consistent with the licensing and academic standards of the State in which the State-licensed program is located.

(2) Basic academic areas.— The basic academic areas covered by such curriculum shall include science, social studies, math, reading, and writing.

(b) Licensing and certification requirements.—

(1) In general.— Teachers, administrators, counselors, and support staff providing education to unaccompanied noncitizen children at a childcare facility shall—

(A) meet local and State certification or licensure requirements; and

(B) in the case of an unaccompanied noncitizen child in custody for a period longer than 60 days or who was previously attending school in the United States, ensure that the child receives transferable credit.

(c) Instruction.—

(1) In general.— Educational instruction at a childcare facility shall be—

(A) appropriate to the level of development and communication skills of an unaccompanied noncitizen child; and

(B) provided in a structured classroom setting on a weekly basis Monday through Friday.

(2) Class size.— An unaccompanied noncitizen child may not be placed in a class in which the teacher-to-student ratio exceeds the applicable State maximum ratio.

(d) Language access and educational environment.— The educational program at a childcare facility shall—

(1) include instruction and reading materials, educational and otherwise, in the primary languages of the unaccompanied noncitizen children at the childcare facility; and

(2) be provided in an emotionally, culturally, and physically safe environment.

(e) Individual education program.— A State-licensed program that operates a childcare facility shall provide any eligible unaccompanied noncitizen child who is a child with a disability (as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)) with special education and related services pursuant to an individualized education program that is developed for the unaccompanied noncitizen child and is consistent with the requirements provided under the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.).

(f) Other educational opportunities.— The educational program of such a State-licensed program shall include educational opportunities addressing personal, social, emotional, intellectual, and employment skills.

(a) In general.— A State-licensed program that operates a childcare facility shall provide recreational opportunities that meet or exceed—

(1) the guidelines of the Department of Health and Human Services entitled “2018 Physical Activity Guidelines for Americans”; and

(2) the guidelines of the President’s Council on Sports, Fitness, and Nutrition.

(b) Activities.—

(1) In general.— Activities for recreation and leisure time, which shall include daily outdoor activity, weather permitting, shall include—

(A) not less than 1 hour daily of large-muscle activity; and

(B) not less than 1 hour daily of structured leisure time activities, which shall not include time spent watching television or video.

(2) Days on which school is not in session.— The periods scheduled for activities described in paragraph (1) shall be increased to a total of 3 hours daily on any day on which school is not in session.

(3) Recreation areas.— Not less frequently than weekly, a State-licensed program that does not have an adequate on-site recreation area shall take children to off-site parks, community recreation centers, or other suitable locations.

(4) Language-appropriate reading materials.— A State-licensed program shall provide appropriate reading materials in the preferred languages of unaccompanied noncitizen children for use during leisure time.

(a) Definition of large congregate care facility.— In this section, the term large congregate care facility means a facility intended to house more than 25 individuals at a time.

(b) Phaseout.—

(1) In general.— Beginning on the date that is 2 years after the date of the enactment of this Act—

(A) the Director may not place an unaccompanied noncitizen child in a large congregate care facility; and

(B) no Federal funds shall be made available for the purpose of—

(i) housing an unaccompanied noncitizen child in such a facility; or

(ii) placing an unaccompanied noncitizen child in any congregate care facility for a period longer than 14 days.

(2) Exception.— Paragraph (1) shall not apply to any of the following:

(A) An influx facility.

(B) A setting specializing in prenatal, postpartum, or parenting support for youth.

(C) A supervised independent living setting under the post-18 program described in section 243(c).

(D) A program addressing the needs of victims of trafficking.

(E) A qualified residential treatment program specifically designed to meet the needs of a child with serious emotional or behavioral health needs.

(c) Plan required.—

(1) In general.— The Director shall develop a plan to eliminate the use of large congregate care facilities by the date that is 2 years after the date of the enactment of this Act.

(2) Elements.— The plan required by paragraph (1) shall include the following:

(A) Specific measures the Director will take to eliminate the use of such facilities.

(B) Performance benchmarks that require the Director to place unaccompanied noncitizen children in compliant congregate care facilities as follows:

(i) 25 percent of such children not later than the date that is 1 year after the date of the enactment of this Act.

(ii) 75 percent of such children not later than 545 days after such date of enactment.

(iii) 100 percent of such children not later than 2 years after such date of enactment.

(3) Submission to Congress.— Not later than 90 days after the date of the enactment of this Act, the Director shall submit to Congress the plan developed under paragraph (1).

(d) Transitional support for nongovernmental organizations.— To the extent that the transition to childcare facilities housing 25 unaccompanied noncitizen children or fewer affects nongovernmental organizations that provide services to such children, the Director shall increase funding to such organizations—

(1) to prevent a disruption or decrease in services;

(2) to establish centralized locations for unaccompanied noncitizen children to receive services from such organizations; and

(3) to increase funding for representation of released children.

An unaccompanied noncitizen child in the custody of the Secretary shall be placed in the least restrictive setting that most approximates a family and in which the child's special needs, if any, may be met consistent with the best interests and special needs of the child.

(a) Preference for foster family care.—

(1) In general.— With respect to an unaccompanied noncitizen child in the custody of the Secretary, the Director shall make active efforts to place the child in the least restrictive setting that most approximates a family and in which the child’s special needs, if any, may be met.

(2) Additional consideration.— Such an unaccompanied noncitizen child shall be placed within reasonable proximity to the location of the child's immigration proceedings, taking into account any special needs of the child before placing the child in a childcare facility.

(b) Transitional foster care.—

(1) In general.— An unaccompanied noncitizen child whose length of care in the custody of the Secretary is anticipated to be not more than 30 days shall be eligible for a transitional foster care placement in a family home licensed to provide such shorter term care.

(2) Priority.— The Director shall prioritize for placement in transitional foster care the following categories of unaccompanied noncitizen children:

(A) Unaccompanied noncitizen children under 13 years of age.

(B) Sibling groups with 1 or more siblings who are under 13 years of age.

(C) Unaccompanied noncitizen children who are pregnant or parenting.

(D) Unaccompanied noncitizen children with special needs, including any unaccompanied noncitizen child with a disability.

(c) Stays expected To extend more than 30 days.—

(1) In general.— An unaccompanied noncitizen child whose length of care in the custody of the Secretary is anticipated to be more than 30 days, or a noncitizen who entered the custody of the Secretary as a child and who has reached the age of 18 years, shall be eligible for a long-term foster care placement in the least restrictive setting that most approximates a family and in which the child’s best interests and any special needs may be met.

(2) Contracting requirements.— The Director shall—

(A) seek to enter into 1 or more contracts with State-licensed foster care providers for the provision of long-term foster care placements for all eligible unaccompanied noncitizen children; and

(B) ensure that such providers accept unaccompanied noncitizen children for placement in a timely manner.

(d) Access to foster care for children with disabilities or mental or behavioral health-Related needs.—

(1) In general.— The Director shall—

(A) ensure access to transitional and long-term foster care placements for unaccompanied noncitizen children notwithstanding—

(i) disabilities;

(ii) behavioral concerns or involvement in the juvenile justice system;

(iii) prior incident reports; or

(iv) prior or current restrictive placements (as defined in section 226); and

(B) seek to enter into 1 or more contracts with foster care providers that have the documented capacity and commitment to accept children regardless of disabilities or mental or behavioral health-related needs.

(2) Equal access.—

(A) In general.— An unaccompanied noncitizen child with mental or behavioral health-related needs who does not pose a documented, imminent threat to himself or herself, to others, or to the community shall be eligible for, and shall be provided equal access to, a foster care placement.

(B) Eligibility for transfer.— If such a child is in a restrictive placement, he or she shall be eligible for direct transfer to a foster care placement.

(3) Limitation on refusal of placement.— A State-licensed program that operates a childcare facility may not refuse placement of an unaccompanied noncitizen child based on a disability or a mental or behavioral health-related need absent individualized documentation that—

(A) State licensing requirements bar acceptance of the specific unaccompanied noncitizen child based on the child's individual needs; and

(B) a request for a variance from such a requirement has been denied or is unavailable under State law.

(e) Background checks.—

(1) In general.— The Director shall ensure that a Federal Bureau of Investigation background check and, in any applicable State, a child abuse or neglect registry check, has been conducted for each resident of a foster care placement for an unaccompanied noncitizen child.

(2) Limitation on denial of placement.— The Director shall deny the foster care placement for an unaccompanied alien child if the criminal history of a resident of a potential foster care placement includes a conviction—

(A) for child abuse or trafficking; or

(B) that has a direct and immediate impact on the safety of the unaccompanied alien child.

(a) Prioritization of release.— The Director shall prioritize the release to sponsors of unaccompanied noncitizen children with disabilities so that such children may receive, in the community rather than in immigration custody, evidence-based, trauma-informed services tailored to their needs.

(b) Access to services while in custody.— In the case of an unaccompanied noncitizen child with disabilities who cannot be expeditiously released, the Director shall provide access to any necessary service in the least restrictive integrated setting possible until a family-based placement is secured.

(c) Support.— The Director shall support unaccompanied noncitizen children with disabilities by—

(1) contracting with a range of placements so as to ensure that integrated settings are available for such children;

(2) providing resources to support placement, such as by connecting providers with community-based services or assisting with licensing variances; and

(3) developing and delivering trauma-informed disability-related training to all frontline care provider staff, in collaboration with stakeholders who have expertise in serving children with disabilities.

(d) Network capacity.— Not less than 75 percent of all childcare facilities and foster care placements shall have appropriate State licensing and documented capability to house unaccompanied noncitizen children with disabilities.

(a) In general.— The Director shall—

(1) minimize transfer of unaccompanied noncitizen children among childcare facilities and between short-term and long-term foster care placements; and

(2) ensure that—

(A) the Ombudsperson tracks any third or subsequent transfer of a child between childcare facilities or placements;

(B) unaccompanied noncitizen children remain in the least restrictive settings that most approximate a family; and

(C) unaccompanied noncitizen children who are siblings are housed together in the same childcare facility unless there is an extraordinary need for specialized care, such as inpatient health care services.

(b) Notice.—

(1) In general.— In the case of an unaccompanied noncitizen child who is transferred to another childcare facility or foster family home placement, not less than 48 hours before the transfer occurs, the Director shall—

(A) notify the child in a language and format the child understands; and

(B) notify and provide a justification for the transfer to the child's sponsor, legal counsel or local legal services provider, and child advocate, as applicable.

(2) Exception.—

(A) In general.— Paragraph (1) shall not apply in an unusual and compelling circumstance, such as—

(i) a circumstance in which—

(I) the safety of the unaccompanied noncitizen child or any other individual is threatened; or

(II) the child has previously attempted to abscond from custody; or

(ii) a case in which the unaccompanied noncitizen child’s legal counsel has waived notice under that paragraph.

(B) Notice after transfer.— In the case of a circumstance or waiver described in subparagraph (A), notice shall be provided to the unaccompanied noncitizen child's legal counsel or local legal services provider, and child advocate, as applicable, not later than 24 hours after the transfer.

(c) Possessions and legal papers.— The Director shall ensure that any unaccompanied noncitizen child is transferred with all of his or her possessions and legal papers.

(a) Definitions.— In this section:

(1) Restrictive placement.— The term restrictive placement means—

(A) a staff-secure facility;

(B) a therapeutic staff-secure facility; and

(C) a placement in any setting other than a childcare facility, an influx facility, or licensed foster care placement.

(2) Therapeutic childcare facility.— The term therapeutic childcare facility means a—

(A) congregate care facility for the purpose of rehabilitation or residential treatment; and

(B) an out-of-network facility or group home the staff of which has specialized training to care for children and adolescents with significant emotional, behavioral, social, or medical needs.

(b) Placement review hearings for transfers to restrictive placements.—

(1) In general.— In the case of transfer of an unaccompanied noncitizen child to a restrictive placement, the Director shall provide an administrative placement review hearing conducted in accordance with sections 554 through 557 of title 5, United States Code.

(2) Notice.—

(A) In general.— Except as provided in subparagraph (B), the Director shall provide written notice of intent to transfer an unaccompanied noncitizen child to a restrictive placement to the child concerned and the child’s legal counsel and child advocate.

(B) Exception.— The Director may transfer an unaccompanied noncitizen child to a restrictive placement without providing notice under subparagraph (A) only if the Director has a reasonable belief, based on clearly articulable facts, that the child is a present, imminent danger to himself or herself or to others.

(C) Elements.— A notice required by subparagraph (A) shall include, in a language and format the unaccompanied noncitizen child understands, the following:

(i) The time, date, and location of the hearing under paragraph (1).

(ii) A description of the individualized allegations relied on by the Director in support of such transfer, including all supporting evidence.

(iii) An explanation that the unaccompanied noncitizen child—

(I) has a right to contest such transfer at such hearing; and

(II) may submit additional evidence, including witness testimony.

(3) Timing of hearing.— A hearing under this subsection shall occur not less than—

(A) 72 hours after the unaccompanied noncitizen child concerned receives notice under paragraph (2); and

(B) 5 business days before the transfer to the restrictive placement is scheduled to occur.

(4) Procedural matters.—

(A) Neutral fact finder.— A hearing under this subsection shall be presided over by a neutral fact finder who—

(i) is not an employee of the Office of Refugee Resettlement; and

(ii) has expertise in child welfare.

(B) Rights of child.—

(i) In general.— At a hearing under this subsection, an unaccompanied noncitizen child shall have—

(I) the right to counsel; and

(II) the right and opportunity to confront, inspect, and rebut the evidence alleged to justify the transfer to a restrictive placement.

(ii) Waiver of presence.— With the assistance of counsel, an unaccompanied noncitizen child may waive his or her presence at a hearing under this subsection.

(C) Availability of Office of Refugee Resettlement records.— The Director shall disclose to the unaccompanied noncitizen child concerned and the legal counsel and child advocate of the child, as applicable, the child's entire case file and all evidence supporting the determination to transfer the child to a restrictive placement—

(i) not later than 24 hours after such determination is made; and

(ii) not less than 2 days before the date of the hearing under this subsection.

(D) Interpretation services.— An interpreter in the preferred language of the unaccompanied noncitizen child shall be made available for a hearing under this subsection.

(E) Burdens of production and proof.— The Director shall have the burden of production and the burden of proof, by clear and convincing evidence, to establish that—

(i) the unaccompanied noncitizen child is a present danger to himself or herself or to others;

(ii) a restrictive placement is consistent with the best interests of the child;

(iii) there is no viable alternative to a restrictive placement to ensure the best interests of the child; and

(iv) the child’s placement in a facility that is not a restrictive placement would not provide the services or resources necessary.

(F) Record of proceedings.— The record of proceedings for a hearing under this subsection, and all related documentation—

(i) shall be maintained separately and apart from the unaccompanied noncitizen child's immigration file (commonly called the “A-File”); and

(ii) shall not form any part of, and shall not be relied upon, in any removal proceedings or any adjudication carried out by U.S. Citizenship and Immigration Services, including with respect to final decisions and discretionary factors.

(5) Written decision.—

(A) In general.— Not later than 2 business days before the date on which the unaccompanied noncitizen child concerned is scheduled to be transferred to a restrictive placement, the fact finder shall issue a written decision approving or denying such transfer, which shall be binding on the Office of Refugee Resettlement.

(B) Consideration of best interest recommendation.— In making a decision on such a transfer, the fact finder shall consider, and respond in writing to, the recommendation of the child advocate of the unaccompanied noncitizen child concerned.

(C) Elements.— A written decision under this paragraph shall—

(i) set forth a detailed, specific, and individualized justification for the decision; and

(ii) notify the unaccompanied noncitizen child of the child's—

(I) right to placement review hearings under subsection (e);

(II) right to seek review of the decision by the Ombudsperson under paragraph (6); and

(III) right to seek judicial review of the decision.

(D) Language access.— The decision shall be made available in a language and in a format the unaccompanied noncitizen child understands.

(E) Submission to Ombudsperson.— Not later than 72 hours after a decision in a placement review hearing is issued under this paragraph, the fact finder shall submit the decision to the Ombudsperson.

(6) Review by Ombudsperson.—

(A) In general.— On request by an unaccompanied noncitizen child or the legal counsel or child advocate of the child, the Ombudsperson shall carry out a review of a decision under paragraph (5), which shall be completed not later than 15 days after the date on which the request for review is made.

(B) Recommendation.—

(i) In general.— In carrying out a review under this paragraph, the Ombudsperson may make a recommendation with respect to whether such decision should be modified.

(ii) Finding of erroneous decision.—

(I) In general.— If the Ombudsperson determines that the decision under paragraph (5) was erroneous, the Ombudsperson shall submit to the Director a recommendation for further action.

(II) Written statement.—

(aa) In general.— If the Director declines to follow the recommendation of the Ombudsperson, the Director shall provide a detailed written justification to the child, the prospective sponsor, the legal counsel and the child advocate of the child, and the legal counsel of the prospective sponsor, as applicable.

(bb) Nondelegation.— The Director may not delegate the requirement to issue such a written statement to any other individual.

(c) Limitations on placement in secure facilities and staff-Secure facilities.—

(1) In general.— The Director may not place an unaccompanied noncitizen child in a staff-secure facility based solely on a risk of self-harm or behavior related to the child's trauma or mental health that could be addressed in a less restrictive setting with additional accommodations or rehabilitative care.

(2) Secure facilities.— The Director may never hold or place an unaccompanied noncitizen child in a secure facility.

(3) Staff-secure facilities.—

(A) In general.— The Director may only hold or place an unaccompanied noncitizen child in a staff-secure facility if—

(i) there is clear and convincing evidence that the child poses a serious and imminent danger to others at the time of placement;

(ii) upon holistic review of the child’s file, there is clear and convincing evidence that the assessed danger does not stem from the child’s trauma or mental health conditions; and

(iii) even with additional accommodations and de-escalation measures, the child cannot be adequately cared for in a less restrictive setting or rehabilitative care.

(B) Duration.— The Director may only hold an unaccompanied noncitizen child in a staff-secure facility under subparagraph (A) during the period in which the Director can demonstrate that the conditions described in that subparagraph exist.

(C) Transfer.— The Director shall consider transfer of the child to a less restrictive placement as soon as these requirements are no longer met, even if the child has been in the placement for less than 30 days.

(4) Prohibition on placement in U.S. Immigration and Customs Enforcement facilities.— The Director may not place any noncitizen child in—

(A) a U.S. Immigration and Customs Enforcement facility; or

(B) a facility operated by contract with U.S. Immigration and Customs Enforcement.

(d) Placement in therapeutic childcare facilities.—

(1) Limitation.— The Director may place an unaccompanied noncitizen child in a therapeutic childcare secure facility only if—

(A) the unaccompanied noncitizen child has received a detailed, individualized evaluation by a licensed psychologist or psychiatrist who is experienced in the care of children; and

(B) the mental health professional conducting the evaluation under subparagraph (A) has determined that—

(i) the child poses a substantial risk of harm to himself or herself or to others;

(ii) such placement is in the best interests of the child; and

(iii) even with additional accommodations or rehabilitative care, at the time of placement, the child cannot be adequately cared for in a less restrictive setting until the child receives services provided in such a placement.

(2) Preference for community-based therapeutic foster care.— Before placing an unaccompanied noncitizen child in a therapeutic childcare facility, the Director shall first seek to place the child in a family-based therapeutic foster care placement.

(3) Applicability of other provisions.— The procedures relating to transfers, notice, and placement review hearings under this title apply equally to unaccompanied noncitizen children placed in residential treatment centers and other therapeutic childcare facilities.

(4) Services to be provided.—

(A) Evaluation.—

(i) In general.— An unaccompanied noncitizen child placed in a therapeutic childcare facility shall be evaluated by a licensed psychologist or psychiatrist who is experienced in the care of children.

(ii) Report.— The mental health professional conducting the evaluation under clause (i) for an unaccompanied noncitizen child shall—

(I) issue a written report that sets forth—

(aa) the reasons for such placement;

(bb) treatment goals; and

(cc) a plan specific to the child for transition to a less restrictive setting; and

(II) make such report available to the unaccompanied noncitizen child and the child advocate of the child.

(B) Access to counsel.— The operator of a residential treatment center or any other therapeutic childcare facility for unaccompanied noncitizen children shall provide access to—

(i) legal services; and

(ii) existing legal counsel and child advocates of such children, as applicable.

(e) Monthly review hearing.—

(1) In general.— Not less frequently than monthly, each unaccompanied noncitizen child in a restrictive placement shall be afforded a placement review hearing to determine whether continued placement in the restrictive placement is appropriate.

(2) Conduct of hearings.— A hearing under this subsection shall be conducted in accordance with the procedures and standards for placement review hearings under subsection (b).

(3) Report by mental health provider.— With respect to an unaccompanied noncitizen child who is in a therapeutic childcare facility not later than 5 days before a hearing under this subsection, a licensed psychologist or psychiatrist who is experienced in the care of children shall submit to the fact finder a detailed report on the mental health needs of the unaccompanied noncitizen child concerned.

(4) Written decision.—

(A) In general.— The fact finder shall issue a written decision continuing or terminating the restrictive placement of the unaccompanied noncitizen child concerned, which shall be binding on the Office of Refugee Resettlement.

(B) Consideration of best interest recommendation.— In making a decision on such placement, the fact finder shall consider—

(i) the best interest recommendation of the child advocate with respect to the unaccompanied noncitizen child concerned; and

(ii) the findings contained in the report submitted under paragraph (3).

(C) Elements.— A written decision under this paragraph shall—

(i) set forth a detailed, specific, and individualized justification for the decision; and

(ii) notify the unaccompanied noncitizen child of—

(I) the right to further placement review hearings under this subsection; and

(II) the right to seek judicial review of the decision.

(D) Language access.— The decision shall be made available in a language and in a format the unaccompanied noncitizen child understands.

(5) Record of proceedings.— The record of proceedings for a hearing under this subsection, and all related documentation—

(A) shall be maintained separately and apart from the unaccompanied noncitizen child's immigration file (commonly called the “A-File”); and

(B) shall not form any part of, and shall not be relied upon, in any removal proceedings or any adjudication carried out by U.S. Citizenship and Immigration Services, including with respect to final decisions and discretionary factors.

(f) Placement of unaccompanied noncitizen children with disabilities in restrictive placements.—

(1) In general.— An unaccompanied noncitizen child who is receiving services under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall not be placed in a facility that does not have access to such services.

(2) Needs determination.—

(A) In general.— Before placing such an unaccompanied noncitizen child in a restrictive setting, the Director shall make a determination as to whether the needs of the child can be met in a more integrated setting.

(B) Elements.— A determination under subparagraph (A) shall include—

(i) an identification of the relevant trauma-informed, evidence-based services and accommodations that have been identified as potentially relevant;

(ii) a description of any such service or accommodation that has been provided and the period of time in which the service or accommodation has been provided;

(iii) if any such service or accommodation has been ineffective, an assessment of the reason; and

(iv) an assessment of whether additional services or accommodations could be provided at the child’s current placement.

(3) Services available in a less restrictive placement.—

(A) In general.— If services are identified that have the potential to maintain such an unaccompanied noncitizen child in a less restrictive placement, the Director shall ensure that the child receives such services before the Director considers a transfer to a restrictive placement.

(B) Identification of services and accommodations.—

(i) In general.— For each such unaccompanied noncitizen child, at each placement review hearing under subsection (e), the Director shall explicitly identify services and accommodations that could be made available in a less restrictive placement.

(ii) Justification.— A recommendation by the Director against placing such an unaccompanied noncitizen child in a less restrictive placement shall be supported by specific documentation as to the reasons that, even with such accommodations, the child cannot be safely placed in a less restrictive placement.

(4) Independent review.—

(A) In general.— In the case of such an unaccompanied noncitizen child whom the Director intends to transfer to a restrictive placement, before the child’s placement review hearing, the decision to so transfer shall be reviewed by an independent third-party licensed psychologist or psychiatrist who is experienced in the care of children in accordance with a standardized process for evaluating the data and presented rationale, including a consideration of accommodations that could avoid the need for restrictive placement.

(B) Continued restrictive placement.— In the case of such an unaccompanied noncitizen child in a restrictive placement whom the Director does not intend to transfer to a less restrictive placement, before the child’s next placement review hearing, the decision shall be reviewed by an independent third-party licensed psychologist or psychiatrist who is experienced in the care of children, in accordance with a standardized process for evaluating the data and presented rationale, including a consideration of accommodations that could avoid the need for restrictive placement.

(C) Report.— Not later than 45 days after conducting a review under this paragraph, the independent third-party mental health professional shall issue a written report describing the results of the review to the fact finder, the child concerned, the legal counsel and child advocate of such child, and the Director.

(a) In general.— An unaccompanied noncitizen child, or the parent, legal guardian, or nonparent family member of the child, with the consent of the child, may seek judicial review in a district court of the United States of—

(1) a determination with respect to the type of childcare facility in which the child is placed; or

(2) a sponsorship determination.

(b) Venue.— Venue for judicial review under subsection (a) may be found in—

(1) the district in which the original childcare facility in which the unaccompanied noncitizen child concerned was placed is located; or

(2) the district in which the childcare facility to which the unaccompanied noncitizen child was transferred is located.

(c) Limited review.— 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.

(d) Agency exercise of discretion reviewed de novo.— The exercise of discretion by the Secretary or the Secretary of Homeland Security in making a placement decision reviewed under this section shall be reviewed de novo.

(e) Bond redetermination.— An unaccompanied noncitizen child in removal proceedings shall be afforded a bond redetermination hearing before an immigration judge in every case, unless the child indicates on the notice of custody determination form that he or she waives the right to such a hearing.

(a) In general.— During the period in which an unaccompanied noncitizen child is in the custody of the Secretary, the Director shall—

(1) provide individualized, onsite case management and family reunification services;

(2) ensure that—

(A) a case manager contacts the child not later than 48 hours after the child is transferred to the custody of the Secretary; and

(B) in the case of case manager reassignment, the case manager reassigned to the child contacts the child not later than 24 hours after such reassignment;

(3) make and document prompt, active, and continuous efforts towards family reunification and release; and

(4) work diligently—

(A) to review family reunification applications from prospective sponsors; and

(B) to assist prospective sponsors in completing such applications and complying with sponsor requirements.

(b) Preference for release.— The Director may release an unaccompanied noncitizen child from the custody of the Secretary to a sponsor who is, in the order of preference, any of the following:

(1) A parent.

(2) A legal guardian.

(3) An adult relative.

(4) An adult individual, or an entity, designated by the parent or legal guardian of the unaccompanied noncitizen child as capable and willing to care for the child's well-being, which designation is supported by—

(A) a declaration signed by the parent or legal guardian under penalty of perjury before an immigration or consular officer; or

(B) such other document that makes such a designation and establishes the affiant’s parentage or guardianship.

(5) A licensed program willing to accept legal custody of the child.

(6) An adult individual or entity seeking custody of the child.

(c) Timelines for reunification.— The Director shall use the information collected under, and data requirements described in, section 602(b)—

(1) to determine the characteristics that exert significant effect on the reunification of unaccompanied noncitizen children with a sponsor;

(2) to establish categories of children who exhibit such characteristics, which categories shall distinguish between—

(A)

(i) children released to parents or legal guardians; and

(ii) children released to other sponsors; and

(B)

(i) children who have home studies mandated by section 235 of the Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232);

(ii) children granted home studies through the discretion of the Director; and

(iii) other children;

(3) to establish timelines for reunification appropriate to each such category of children;

(4) to monitor ongoing reunification efforts for compliance with such timelines; and

(5) to identify systematic barriers to release for children in such categories.

(d) Systematic barriers To release.— The Director shall eliminate any administrative hindrance identified as a systemic barrier to release under subsection (c)(4).

(e) Expedited reunification of early childhood minors.— The Director shall develop procedures to facilitate the expedited reunification of unaccompanied noncitizen children who are early childhood minors with family members seeking to serve as sponsors.

(f) Limitation on remote services.— Case management and family reunification services may only be provided remotely for unaccompanied noncitizen children housed in an influx facility or a childcare facility activated for use during an influx.

(g) Recordkeeping.— The Director shall maintain a written record of the efforts made by the Office of Refugee Resettlement to reunify and release each unaccompanied noncitizen child in the custody of the Secretary.

(a) Procedures and protections.—

(1) In general.— The Director shall not impose sponsor requirements (including application deadlines and requests for information or documentation about prospective sponsors, the household members of prospective sponsors, or other individuals) that do not have a substantial and direct impact on child safety.

(2) Nondiscrimination.— In reviewing an application for sponsorship, the Director may not rely on the national origin, immigration status, language, religion, sexual orientation, sex (including gender identity or gender expression), color, or race of the child concerned or of the prospective sponsor to delay or deny the application.

(3) Prohibition on certain reasons for sponsorship denial.— A prospective sponsor may not be denied sponsorship solely due to—

(A) poverty, use of public assistance, lack of employment or health insurance, or past or current health conditions that do not have a substantial and direct impact on child safety;

(B) absence of a pre-existing relationship with the unaccompanied noncitizen child concerned; or

(C) immigration status.

(4) Legal rights of prospective sponsors.—

(A) In general.— In making decisions about the sponsorship of an unaccompanied noncitizen child, the Director shall—

(i) take into consideration the legal rights of any parent, legal guardian, or family member who is seeking sponsorship of the child; and

(ii) ensure that Office of Refugee Resettlement processes for ensuring the child’s safe release do not interfere with such rights.

(B) Parents.— A parent shall not be denied reunification with their child absent a determination supported by clear and convincing evidence that custody of the child by the parent is likely to result in serious emotional or physical damage to the child.

(5) Assessment required.—

(A) In general.— The Director may only release an unaccompanied noncitizen child to an individual or a licensed program for whom a prospective sponsor assessment has been completed, consistent with the requirements of section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)).

(B) Elements.— A sponsor assessment shall include—

(i) a completed family reunification application; and

(ii) consideration of the wishes and concerns of the unaccompanied noncitizen child concerned.

(C) Opportunity to address concerns.— A prospective sponsor shall be afforded the opportunity to address any concern raised during the sponsor assessment process before the prospective sponsor's application is denied.

(D) Background checks.—

(i) In general.— Fingerprint-based checks of national crime information databases (as defined in section 534(f)(3) of title 28, United States Code) may be requested for prospective sponsors if a public records check of the sponsor reveals safety concerns or there is a documented risk to the safety of the child.

(ii) Limitation.— The Director shall deny sponsorship for an unaccompanied noncitizen child if the criminal history of a prospective sponsor or a household member of the sponsor includes a conviction—

(I) for child abuse or trafficking; or

(II) that has a direct and immediate impact on the safety of the unaccompanied noncitizen child.

(6) Safeguards.—

(A) In general.— The Director shall implement safeguards to prevent any information obtained in the course of the sponsor assessment process from being used for any purpose other than assessing the sponsor’s fitness to care for an unaccompanied noncitizen child.

(B) Applicability.— Such safeguards shall apply regardless of the outcome of the prospective sponsor’s application.

(7) Annual evaluation.—

(A) In general.— Not less frequently than annually, the Director shall conduct an evaluation of Office of Refugee Resettlement policies and practices to determine whether such policies and practices create unnecessary barriers to release or result in delays in unaccompanied noncitizen children’s prompt release to sponsors.

(B) Submission to Ombudsperson.— The Director shall submit each evaluation conducted under subparagraph (A) to the Ombudsperson.

(b) Sponsorship determination.—

(1) In general.— Not later than 7 days after the date on which the Director receives a family reunification application from a prospective sponsor, the Director shall make a determination with respect to whether the unaccompanied noncitizen child concerned may be placed with the sponsor.

(2) Consideration of effect of denial.— In making a determination under paragraph (1), the Director shall take into consideration the effect a denial of the application, and continued immigration custody for the unaccompanied noncitizen child concerned, would have on—

(A) the health and well-being of the child; and

(B) in the case of a prospective sponsor who is a parent, legal guardian, or a family member of the child, the right of the parent, legal guardian, or family member to the care and custody of the child.

(3) Sponsorship hearing.—

(A) In general.— The Director shall provide an opportunity for an administrative hearing, conducted in accordance with sections 554 through 557 of title 5, United States Code, in the case of—

(i) a determination that a prospective sponsor is not fit to receive the unaccompanied noncitizen child concerned; or

(ii) failure by the Director to make a determination on a family reunification application within the timeframe set forth in paragraph (1).

(B) Notice.—

(i) In general.— Not later than 24 hours after a determination or failure described in subparagraph (A), the Director shall provide notice of such a hearing to—

(I) the unaccompanied noncitizen child;

(II) the legal counsel and the child advocate of such child;

(III) the prospective sponsor; and

(IV) the legal counsel of such prospective sponsor.

(ii) Elements.— The notice required under clause (i) shall include, in a language the unaccompanied noncitizen child and the prospective sponsor understand, the following:

(I) The time, date, and location of the hearing.

(II) Notice with respect to the availability of transportation to the hearing for the child and the prospective sponsor under subparagraph (E)(i).

(III) In the case of a determination that the prospective sponsor is unfit—

(aa) the justification for such determination; and

(bb) a description of any supporting evidence and information.

(IV) In the case of a failure to make a timely determination, a justification for such failure.

(V) Notification that the unaccompanied noncitizen child and prospective sponsor may submit additional evidence, including witness testimony, in support of the family reunification application at or before the hearing.

(C) Limitation on Office of Refugee Resettlement evidence.— In a hearing under this paragraph, the Director may only submit evidence and information that is described on the notice provided under subparagraph (B).

(D) Timing of hearing.—

(i) In general.— Except as provided in clause (ii), a hearing under this paragraph shall occur not less than 7 days and not more than 14 days after the date on which notice under subparagraph (B) is provided.

(ii) Request for additional time.— Such a hearing may occur on a date that is more than 14 days after the date such notice is provided if the prospective sponsor requests additional time.

(E) Presence at hearing.—

(i) Transportation.— On request by the unaccompanied noncitizen child or the prospective sponsor, the Director shall facilitate the transportation of the child and the prospective sponsor to a centralized location for the hearing.

(ii) Waiver of child's presence.— With the assistance of counsel, an unaccompanied noncitizen child may waive the child's presence at a hearing under this paragraph.

(iii) Virtual hearing.— An unaccompanied noncitizen child may request a virtual hearing under this paragraph and waive the right to an in-person hearing.

(F) Procedural matters.—

(i) Neutral fact finder.— A hearing under this paragraph shall be presided over by a neutral fact finder who—

(I) is not an employee of the Office of Refugee Resettlement; and

(II) has expertise in child welfare.

(ii) Child and sponsor rights.— At a hearing under this paragraph, an unaccompanied noncitizen child and the child's prospective sponsor shall have—

(I) the right to counsel; and

(II) the right and opportunity to confront, inspect, and rebut the evidence alleged to justify a determination by the Director that the prospective sponsor is unfit.

(iii) Interpretation services.— An interpreter in the preferred language of the unaccompanied noncitizen child and the prospective sponsor shall be made available for a hearing under this paragraph.

(iv) Burdens of production and proof.— The Director shall have the burden of production and the burden of proof, by clear and convincing evidence, to establish that—

(I) placement with the prospective sponsor is likely to result in serious emotional or physical damage to the child; and

(II) continued Office of Refugee Resettlement custody is the least restrictive setting that is in the best interests of the child.

(v) Record of proceedings.— The record of proceedings for a hearing under this paragraph, and all related documentation—

(I) shall be maintained separately and apart from the unaccompanied noncitizen child's immigration file (commonly called the “A-File”); and

(II) shall not form any part of, and shall not be relied upon, in any removal proceedings or any adjudication carried out by U.S. Citizenship and Immigration Services, including with respect to final decisions and discretionary factors.

(G) Written decision.—

(i) In general.— Not later than 2 business days after the date of a hearing under this paragraph, the fact finder shall—

(I) issue a written decision ordering the release of the unaccompanied noncitizen child to the prospective sponsor or denying such release, which shall be binding on the Office of Refugee Resettlement; and

(II) provide the written decision to—

(aa) the child and the prospective sponsor; and

(bb) the legal counsel and the child advocate of the child and the legal counsel of the prospective sponsor, as applicable.

(ii) Denials.— In the case of a denial of release to the prospective sponsor, the decision shall—

(I) set forth detailed, specific, and individualized reasoning for such denial; and

(II) notify the child and prospective sponsor of their right to seek review of the decision by the Ombudsperson under subparagraph (H).

(iii) Language access.— The decision shall be made available in a language and in a format the unaccompanied noncitizen child and the prospective sponsor understand.

(H) Review by Ombudsperson.—

(i) In general.— On request by an unaccompanied noncitizen child, the legal counsel or prospective sponsor of such child, or the legal counsel of such prospective sponsor, the Ombudsperson shall carry out a review of a decision under subparagraph (G), which shall be completed not later than 15 days after the date on which the request for review is made.

(ii) Recommendation.—

(I) In general.— In carrying out a review under this subparagraph, the Ombudsperson may make a recommendation on the placement or sponsorship of the unaccompanied noncitizen child concerned.

(II) Finding of erroneous decision.—

(aa) In general.— If the Ombudsperson determines that the decision under subparagraph (G) was erroneous, the Ombudsperson shall submit to the Director a recommendation for further action.

(bb) Written statement.—

(AA) In general.— If the Director declines to follow the recommendation of the Ombudsperson, the Director shall provide a detailed written justification to the child, the prospective sponsor, the legal counsel and the child advocate of the child, and the legal counsel of the prospective sponsor, as applicable.

(BB) Nondelegation.— The Director may not delegate the requirement to issue such a written statement to any other individual.

(I) Judicial review.— An unaccompanied noncitizen child or nonparent family member of the child, with the consent of the child, may obtain judicial review of a decision under subparagraph (G) in a district court of the United States.

(J) Continued efforts by Office of Refugee Resettlement.— During the pendency of a hearing under this paragraph, and any review of a decision resulting from such a hearing under subparagraph (H) or (I), the Director shall continue to seek alternative prospective sponsors for the unaccompanied noncitizen child concerned.

(a) In general.— The Director may not delay the release of an unaccompanied noncitizen child based solely on a pending evaluation for services under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).

(b) Supporting evidence required for determination not To release.— A determination by the Director not to release an unaccompanied noncitizen child receiving services under such section based on a prospective sponsor’s inability to meet the needs of the child shall be supported by evidence of efforts by the Director to educate, and provide concrete resources and support to, the prospective sponsor through the provision of post-release services.

(c) Release to parents.— The Director may not deny the reunification of an unaccompanied noncitizen child receiving services under such section with his or her parent absent a determination supported by clear and convincing evidence that—

(1) custody of the child by the parent is likely to result in serious emotional or physical damage to the child; and

(2) continued Office of Refugee Resettlement custody is the least restrictive setting that is in the best interests of the child.

(d) Review.—

(1) In general.— With respect to a determination by the Director not to release an unaccompanied noncitizen child receiving services under such section based on an assessment that the child is a danger to himself or herself or to others, a review of such determination shall be carried out by an independent third-party licensed psychologist or psychiatrist who is experienced in the care of children before the date on which the sponsorship hearing under section 232(b)(3) occurs.

(2) Procedure.— A review under paragraph (1) shall—

(A) be carried out using a standardized method for evaluating the data and shall include the rationale for denying release; and

(B) consider the availability of assistive services or technology that could be provided to the unaccompanied noncitizen child concerned if he or she were released.

(3) Availability.— Such a review shall be made in writing and made available to the unaccompanied noncitizen child and the child's legal counsel before the date on which a sponsorship hearing under section 232(b)(3) occurs.

(e) Office of Refugee Resettlement support for sponsors.— With respect to children with disabilities released from the custody of the Secretary, the Director shall support and assist sponsors in accessing and coordinating post-release community-based services and support or technology, to the extent such services and support are available.

(f) Alternative placement.— If a sponsor is not identified for an unaccompanied noncitizen child who receives services under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Director shall make every effort to place the child in therapeutic foster care, foster care, or the Unaccompanied Refugee Minor program.

(a) In general.— The Secretary shall release an unaccompanied noncitizen child from the custody of the Secretary—

(1) without unnecessary delay; and

(2) as quickly as may be safely accomplished.

(b) Provision of records on release.— On release from the custody of the Secretary, including in circumstances of repatriation, the Director shall provide unaccompanied noncitizen children and their sponsors, as applicable, the unaccompanied noncitizen child’s complete Office of Refugee Resettlement case file and records, including—

(1) documentation that details the child’s medical and educational status, progress, and any related evaluations;

(2) information relating to any special needs of the child; and

(3) any other information relevant to promoting the child’s well-being after release.

(c) Prescription medication.— The Director shall ensure that unaccompanied noncitizen children prescribed medication are released with not less than a 60-day supply of their medication and information from a physician regarding continuing or discontinuing the medication.

(d) Transportation.— Expenses incurred in transporting unaccompanied noncitizen children and their sponsors for the purpose of the release of the child shall be paid by the Office of Refugee Resettlement.

(e) Prohibition on Secretary taking child back into custody.—

(1) In general.— After the release of an unaccompanied noncitizen child from the custody of the Secretary to a sponsor, the Secretary may not take the child back into custody.

(2) Reporting to State child welfare agency.— With respect to a child released from such custody, if the Director becomes aware of a concern related to suspected abuse or neglect in a sponsor’s care, the Director may report such concerns to the applicable State child welfare agency.

(a) Required in limited circumstances.—

(1) In general.— The Director may not uniformly require post-release services to be in place before releasing an unaccompanied noncitizen child to a sponsor.

(2) Case management specialist determination.— The Director may only require post-release services to be in place before releasing an unaccompanied noncitizen child to a sponsor if, after conducting an individualized assessment of the particular needs of the child, the case management specialist makes a determination that the child would be at risk of imminent physical or emotional harm if post-release services were not in place before such release.

(b) Expansion.— The Director shall provide post-release services, on a voluntary basis, to unaccompanied noncitizen children, including by—

(1) conducting outreach campaigns by navigators in communities to ensure that children, sponsors, and families understand the post-release services offered;

(2) providing active assistance with school enrollment;

(3) supporting sponsors in obtaining necessary medical records, including vaccination and medication records, from the period during which the unaccompanied noncitizen children were in the custody of the Secretary;

(4) stating that all unaccompanied children released into United States communities are deemed to be “lawfully residing” for purposes of determining eligibility for medical assistance under Medicaid or child health assistance and pregnancy-related assistance under the Children's Health Insurance Program (CHIP) in States that have elected to cover “lawfully residing” pregnant individuals and children under sections 1903(v)(4) and 2107(e)(1)(O) of the Social Security Act (42 U.S.C. 1396b(v)(4), 1397gg(e)(1)(O)), as added by section 214 of the Children's Health Insurance Program Reauthorization Act of 2009 (commonly referred to as the “CHIPRA 214 option”);

(5) ensuring access to family reunification and medical support services, including support and trauma-informed counseling for the family and mental health counseling, through direct provision of such services or through partnerships and referrals to services in the community; and

(6) ensuring that sponsors of children with special medical needs receive Office of Refugee Resettlement support in accessing appropriate medical care.

(a) Presumption of release on recognizance.—

(1) In general.— If an individual in the custody of the Secretary of Health and Human Services is not released to a sponsor before the individual attains the age of 18 years, there shall be a presumption that the individual shall be released on an order of recognizance.

(2) Rebuttal.— The Secretary of Homeland Security shall bear the burden of proof, by clear and convincing evidence, in overcoming the presumption under paragraph (1) and in demonstrating that such an individual is not eligible to be released on an order of recognizance.

(3) Alternatives to detention.—

(A) In general.— In the case of an individual aging out of the custody of the Secretary who is not eligible to be released on an order of recognizance, the individual shall be eligible to participate in noncustodial alternatives to detention programs provided by the Department of Health and Human Services, including placement with an individual, an organizational sponsor, or a supervised group home with supportive services to facilitate access to educational and occupational opportunities.

(B) Placement preferences.— The categories of placements available to an individual described in subparagraph (A) shall be the following, in order of preference:

(i) The least restrictive family-based setting, including long-term foster care.

(ii) An independent living program.

(iii) A childcare facility that meets the particular needs of the individual.

(4) Continuation of services.— The Director shall ensure that an individual released on an order of recognizance under this subsection is provided with—

(A) continued access to counseling, case management, legal counsel, and other support services during the pendency of the individual’s immigration proceedings; and

(B) information on applying for special immigrant juvenile status under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), and resources to assist the individual with applying for such status.

(b) Post-18 plan for individuals aging out of custody.—

(1) In general.— The Director shall develop a post-18 plan for each unaccompanied noncitizen child entering Office of Refugee Resettlement custody who—

(A) is over the age of 17 years and 6 months; or

(B) is not likely to be released to a sponsor before attaining 18 years of age.

(2) Elements.— Each plan under paragraph (1) shall include the following:

(A) An investigation into organizational sponsors and social support services.

(B) Coordination with the Secretary of Homeland Security to ensure the release of the unaccompanied noncitizen child on his or her own recognizance if release to an organizational or individual sponsor is not successful.

(c) Post-18 program.— With respect to an individual in the custody of the Secretary who attains 18 years of age before reunification, placement with a sponsor, or adjudication with respect to immigration status, the Director may extend Office of Refugee Resettlement custody for a period ending not later than the date on which the individual attains 21 years of age, if the individual—

(1)

(A) has not been reunified but has a family member available for reunification;

(B) has an identified sponsor;

(C) has been admitted to long-term foster care or a residential treatment center; or

(D) otherwise does not have reunification options but has not yet been adjudicated with respect to immigration status by a local court in the applicable jurisdiction; and

(2) solely at his or her discretion, without coercion and on the recommendation of his or her case manager, elects to remain in Office of Refugee Resettlement custody in the post-18 program until the date on which, as applicable—

(A) the screening process for reunification is completed and the individual is reunified with a family member or placed with a sponsor; or

(B) the individual is adjudicated with respect to immigration status in a local court in the applicable jurisdiction, receives relief from removal, and enters an applicable program for unaccompanied refugee minors.

(d) Consideration relating to U.S. Immigration and Customs Enforcement custody.— In considering a sponsorship application for an unaccompanied noncitizen child who may attain 18 years of age in the custody of the Secretary, the Director shall consider the potential for, and impact of, trauma and the risk to the safety and well-being of the child if the child were to be transferred to the custody of U.S. Immigration and Customs Enforcement on attaining such age.

(e) Prohibition on detention and removal.— An individual who was in the custody of the Secretary as an unaccompanied noncitizen child shall not be apprehended, arrested, transferred, or taken into the custody of U.S. Immigration and Customs Enforcement, or removed from the United States, based solely on having attained 18 years of age.

(f) Continued access to due process, legal relief, and housing.— An individual who entered the United States as a child shall not lose the opportunity for due process and potential legal relief, or access to community-based housing, based solely on having attained the age of 18 years.

(a) In general.— If an unaccompanied noncitizen child, the legal counsel or prospective sponsor of such child, or the legal counsel of such prospective sponsor has reasonable cause to believe that the child should have been released, the child, the prospective sponsor, or such legal counsel may request an investigation by the Ombudsperson.

(b) Notification of lengthy custody.— In the case of any unaccompanied noncitizen child who remains in the custody of the Secretary for 45 days or more, the Director shall—

(1) notify the Ombudsperson of such continued custody; and

(2) provide the Ombudsperson a complete copy of the Office of Refugee Resettlement case file and a detailed explanation for such continued custody.