Children's Safe Welcome Act of 2026

It is the sense of Congress that before opening or expanding an influx facility, the Secretary and the Director should explore all other avenues for placing an unaccompanied noncitizen child in the least restrictive, State-licensed setting that most approximates a family and in which the special needs of the child, if any, may be met consistent with the best interests and special needs of the child.

In this title:

(1) Emergency.— The term emergency means an event of limited duration, such as a natural disaster, facility fire, civil disturbance, or medical concern.

(2) Operational capacity.— The term operational capacity means the net bed capacity of Office of Refugee Resettlement facilities and other housing operated by State-licensed programs for unaccompanied noncitizen children.

(a) In general.— In the event of an emergency or influx that prevents the prompt placement of unaccompanied noncitizen children in childcare facilities, the Director—

(1) shall make every effort—

(A) to place arriving unaccompanied noncitizen children in other State-licensed programs; and

(B) to release unaccompanied noncitizen children from other programs as expeditiously as possible; and

(2) may not house an unaccompanied noncitizen child in an influx facility or any other emergency or temporary facility for more than 20 days.

(b) Transfer to licensed facility.—

(1) In general.— Except as provided in paragraph (2), in the case of an unaccompanied noncitizen child for whom release to a sponsor within 20 days of placement in an influx facility is not possible, the Director shall transfer the child to a childcare facility.

(2) Exception.— The Director may not transfer a child under paragraph (1) if the transfer would prolong the child's total length of custody by more than 48 hours.

(c) Limitation on transfer to influx facility.— The Director may not transfer to an influx facility any unaccompanied noncitizen child—

(1) for whom—

(A) a prospective sponsor has not been identified; or

(B) such transfer would delay release by more than 48 hours; or

(2) who—

(A) has been identified by the Director as—

(i) having a prospective sponsor who is not a parent, a legal guardian, or an immediate relative; or

(ii) not having any identified prospective sponsor;

(B) is younger than 16 years of age;

(C) is part of a sibling group in the custody of the Secretary of which 1 or more siblings are younger than 16 years of age;

(D) speaks a language other than English or Spanish as his or her primary language;

(E) has special needs;

(F) is currently prescribed psychotropic medication;

(G) is pregnant or parenting;

(H) will attain 18 years of age on a date that is not more than 30 days after the proposed date of transfer to the influx facility;

(I) is scheduled to be released on a date that is not more than 3 days after the proposed date of the transfer;

(J) has a pending home study;

(K) has not received a legal orientation presentation or a legal screening;

(L) has a date scheduled for a hearing before an immigration court or a State court, including family and juvenile court;

(M) has a pending application for relief from removal;

(N) has legal counsel; or

(O) has a child advocate.

(d) Family groups.— The Director shall ensure that—

(1) unaccompanied noncitizen children with siblings or other relatives under the age of 18 in the custody of the Secretary are not separated from each other; and

(2) such family groups have unlimited visitation with each other in influx facilities.

(a) Plan required.— Not later than 180 days after the date of the enactment of this Act, the Director shall develop a plan for—

(1) maintaining and expanding emergency capacity in licensed foster care homes and small congregate care facilities for housing unaccompanied noncitizen children so as to eliminate the need for influx facilities; and

(2) in the case of an emergency or influx, placing unaccompanied noncitizen children with sponsors as expeditiously as possible.

(b) Supplemental placement list.—

(1) In general.— The Director shall develop and maintain a supplemental placement list of facilities that have, in the aggregate, not fewer than 200 beds available to accept unaccompanied noncitizen children in the case of an emergency or influx, which shall be in addition to the number of beds available for placements under normal circumstances.

(2) Licensing and compliance.— Any facility on the supplemental placement list shall be—

(A) licensed in the State in which it is located; and

(B) in compliance with all standards and procedures applicable to State-licensed programs under this Act.

(3) Elements.— The supplemental placement list shall include, for each facility, the following:

(A) The name of the facility.

(B) The number of beds available in the facility in the case of an emergency or influx.

(C) The name and telephone number of 1 or more contact persons, including a contact person for nights, holidays, and weekends.

(D) Any limitation on categories of child the facility may accept, such as age categories.

(E) A description of any special service available.

(4) Appropriate community services.— To the extent practicable, the Director shall attempt to include on the supplemental placement list facilities located in geographic areas in which culturally and linguistically appropriate community services are available.

(5) High capacity at childcare facilities.— If the operational capacity of all childcare facilities and foster care placements reaches or exceeds 75 percent for a period of 3 consecutive days, the Director shall contact the facilities on the supplemental placement list to determine the number of available supplemental placements.

(c) Need for supplemental placements exceeding capacity.— If the number of unaccompanied noncitizen children in need of placement in the case of an emergency or influx exceeds the available appropriate placements on the supplemental placement list, the Director shall—

(1) locate additional placements through State-licensed programs and nonprofit child and family services agencies providing placement services; and

(2) expedite the reunification and release of unaccompanied noncitizen children from U.S. Customs and Border Protection custody.

(a) Operation of influx facilities.— In the event that the operation of an influx facility cannot be avoided, the Director may operate an influx facility in accordance with this section.

(b) Standards.—

(1) In general.— An influx facility that does not meet the standards described in this subsection may not be used to house any child, and children housed at such an influx facility shall be transferred out of the influx facility immediately.

(2) First day of operation.— On the first day of operation, an influx facility shall be in compliance with—

(A) the staffing ratio requirements, case management requirements, telephone call access, legal services access, education and recreation requirements, and medical and mental health services requirements that apply to childcare facilities; and

(B) the facility standards under the Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.).

(3) Within 30 days.— Not later than 30 days after the date on which an influx facility commences operation, the influx facility shall achieve compliance with all standards set forth in title II, including State licensing standards.

(c) Contractor standards.— The Director may not enter into a contract with any entity to operate an influx facility, unless the entity has each of the following:

(1) Demonstrated experience in providing services for unaccompanied noncitizen children or children in foster care.

(2) A plan for placement of children for whom no sponsor has been identified.

(3) A plan for—

(A) identifying, and immediately notifying the Director with respect to, any child believed to have been erroneously transferred to, or in care at, the influx facility contrary to the limitations set forth in paragraphs (1) and (2) of section 303(c); and

(B) not later than 10 days after identifying such a child, transferring the child to an appropriate placement.

(4) An emergency plan that includes protection against transmission of COVID–19 and other infectious diseases, including a plan—

(A) to provide regular testing for any applicable disease;

(B) to comply with service standards for quarantine with respect to any such disease that mirror the services and guidance for children and congregate care settings recommended by the Centers for Disease Control and Prevention; and

(C) to ensure access to immunizations for unaccompanied noncitizen children in the influx facility, in accordance with any applicable guidance of the Centers for Disease Control and Prevention.

(5) Emergency response protocols for placement, care, and transfer of children, which reduce the amount of time a child is in an emergency influx facility.

(6) A clear organizational chart, reporting structure, and contact information.

(7) A staffing plan that includes maintaining specified case manager-to-child ratios and a specified number of case manager visits with a child each week.

(8) A training plan for case managers that includes in-service coaching and individual support for a case manager’s first 30 days as an employee of the entity.

(9) A written code of conduct that is—

(A) distributed to all officers, employees, and volunteers; and

(B) contains clear boundaries for working with and around children.

(10) Written ethical standards that are—

(A) distributed to all officers, employees, and volunteers; and

(B) based on accepted child welfare principles and best practices.

(11) A written security plan to protect against unauthorized access to the influx facility and other potential threats.

(12) Data systems that meet the data and quality standards described in section 602 for tracking children through intake, case management, transportation, and placement.

(d) Waiver.—

(1) In general.— In the case of an influx facility, the Director may waive compliance with a standard or procedure under title II for a period of not more than 30 days.

(2) Notice to Congress.— If the Director waives compliance with the requirement that an influx facility shall be licensed by the State in which it is located, the Director shall provide to Congress notice of such waiver, which shall include—

(A) a justification for the waiver; and

(B)

(i) a plan for the influx facility to obtain such licensing; or

(ii) in the case of an influx facility that will be unable to obtain such licensing—

(I) an explanation of the reason that—

(aa) licensing is not possible; and

(bb) the particular influx facility was chosen and remains operationally necessary.

(e) Reporting mechanisms.— The Director shall establish clear procedures—

(1) for unaccompanied noncitizen children at influx facilities to directly and confidentially report incidents of abuse or neglect at influx facilities to the Ombudsperson, consulates, and State authorities; and

(2) to allow State child protective services immediate access to any influx facility to investigate any such report.

(f) Staffing.—

(1) Background checks.—

(A) In general.— The Director shall ensure that a Federal Bureau of Investigation background check, and in any applicable State a child abuse or neglect check, has been conducted for each influx facility staff member who will have direct contact with unaccompanied noncitizen children.

(B) Timing of background checks.— The background checks described in subparagraph (A) shall be completed before a staff member interacts with any unaccompanied noncitizen child at an influx facility.

(C) Prohibition.— The Director shall ensure than an entity with which the Director has contracted to operate an influx facility does not hire as staff of the influx facility any individual who has—

(i) any conviction for child abuse or trafficking; or

(ii) a conviction that is less than 10 years old the underlying offense of which would have a substantial and direct effect on the safety of unaccompanied noncitizen children.

(D) Submission of evidence.— Not later than the date on which an influx facility commences operation, the operator of the influx facility shall submit to the Director and the Ombudsperson evidence that background checks in accordance with this paragraph—

(i) have been completed for the relevant facility staff; and

(ii) will be completed for all new hires going forward.

(2) Fluency in Spanish.— Each staff member of an influx facility who will have contact with unaccompanied noncitizen children shall—

(A) be fluent in Spanish and English; and

(B) have experience in the care of children.

(3) Pediatric health specialists.— An influx facility shall have onsite pediatric health specialists, including a pediatrician, licensed psychologist, or psychiatrist who is experienced in the care of children.

(4) Ratios.— Not later than 15 days after the date on which an influx facility commences operation, the Director shall ensure that the influx facility maintains staffing ratios as follows:

(A) During waking hours, not less than 1 on-duty youth care worker for every 8 unaccompanied noncitizen children.

(B) During sleeping hours, not less than 1 on-duty youth care worker for every 16 unaccompanied noncitizen children.

(a) Site visits.—

(1) Director.—

(A) In general.— Not less frequently than monthly during the period in which an influx facility is in operation, the Director shall conduct a comprehensive onsite monitoring visit.

(B) Elements.— Each site visit conducted under subparagraph (A) shall include—

(i) an evaluation of the compliance of the influx facility with—

(I) the standards and procedures under title II; and

(II) the facility standards under the Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.);

(ii) an assessment of the delivery of, and unaccompanied noncitizen children's access to, health care and mental health care services;

(iii) an assessment of unaccompanied noncitizen children's access to counsel and legal services; and

(iv) private, confidential interviews with unaccompanied noncitizen children housed in the influx facility.

(2) Inspector General.— The Inspector General of the Department of Health and Human Services may conduct unscheduled visits to any influx facility, during which the Inspector General may meet confidentially with any unaccompanied noncitizen child housed in the influx facility.

(3) Ombudsperson.— Not less frequently than monthly during the period in which an influx facility is in operation, the Ombudsperson shall conduct a comprehensive onsite visit to monitor for compliance with applicable Federal and State law (including regulations), including—

(A) the Flores settlement agreement;

(B) section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); and

(C) this Act.

(b) Tours by approved stakeholders.— Not less frequently than monthly during the period in which an influx facility is in operation, the Director shall allow approved stakeholders, including representatives from nonprofit organizations serving or advocating on behalf of unaccompanied noncitizen children, to tour the influx facility.