Help Separated Families Act of 2013

Summary: Help Separated Families Act of 2013 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to: (1) require state child protection standards to ensure that the immigration status alone of a parent, legal guardian, or relative shall not disqualify the parent, legal guardian, or relative from being a placement for a child; and (2) require the state procedures for criminal records checks to require the state to accept foreign identification documents as sufficient identification for purposes of initiating a criminal records check or a fingerprint-based check. Requires the state plan for foster care and adoption assistance to notify relatives seeking placement of a child that their immigration status will not be questioned, except to the extent necessary in determining eligibility for relevant services or programs. Includes as a compelling reason for a state not to file for termination of parental rights in foster care cases the removal of an otherwise fit and willing parent from the United States or the parent's involvement in an immigration proceeding (including detention). Requires a state (or local agency), before filing to terminate parental rights, to make reasonable efforts to notify any parent of the child who has been removed from the United States, and any adult relative of the child, including through the diplomatic or consular offices of the country to which the parent was removed, and to reunify the child with any such parent or relative. Directs the Secretary of Health and Human Services (HHS) to develop and disseminate to state, county, and local child welfare agencies best practice guidance on specified activities that takes into account the best interest of the child, including a preference for family unity whenever appropriate. Requires a state plan for foster care and adoption assistance to require the state to: (1) ensure that the case manager for a separated child is capable of communicating in the native language of the child and the family, or that an interpreter is provided at no cost; (2) coordinate with the Department of Homeland Security (DHS) to make every effort to ensure that parents who wish for their child to accompany them to their country of origin are given adequate time and assistance to obtain a passport, visa, and all relevant documents and other information; and (3) preserve the privacy and confidentiality of certain information in specified ways.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Help Separated Families Act of 
2013''.

SEC. 2. IMMIGRATION STATUS ALONE NOT A DISQUALIFICATION FROM BEING A 
              PLACEMENT FOR A FOSTER CHILD.

    Section 471(a)(19) of the Social Security Act (42 U.S.C. 
671(a)(19)) is amended--
            (1) by striking ``(19) provides that the State'' and 
        inserting the following:
            ``(19) provides that--
                    ``(A) the State''; and
            (2) by adding after and below the end the following:
                    ``(B) such standards shall ensure that the 
                immigration status alone of a parent, legal guardian, 
                or relative shall not disqualify the parent, legal 
                guardian, or relative from being a placement for a 
                child;''.

SEC. 3. STATE PLAN REQUIREMENT TO ACCEPT CERTAIN DOCUMENTS ISSUED BY 
              FOREIGN ENTITIES AS SUFFICIENT IDENTIFICATION FOR 
              PURPOSES OF INITIATING A CRIMINAL RECORDS CHECK OR A 
              FINGERPRINT-BASED CHECK.

    Section 471(a)(20) of the Social Security Act (42 U.S.C. 
671(a)(20)) is amended--
            (1) in subparagraph (A), by inserting ``which procedures 
        shall require the State (including the State agency, the child 
        welfare agency of any county or other political subdivision of 
        the State, and caseworkers and supervisors of any such agency) 
        to accept a foreign consulate identification card, a foreign 
        passport, or such other foreign identification document as may 
        be allowed in regulations prescribed by the Secretary, as 
        sufficient identification for purposes of initiating a criminal 
        records check or a fingerprint-based check,'' before 
        ``including procedures''; and
            (2) in subparagraph (C), by inserting ``, which procedures 
        shall require the State (including the State agency, the child 
        welfare agency of any county or other political subdivision of 
        the State, and caseworkers and supervisors of any such agency) 
        to accept a foreign consulate identification card, a foreign 
        passport, or such other foreign identification document as may 
        be allowed in regulations prescribed by the Secretary, as 
        sufficient identification for purposes of initiating a criminal 
        records check or a fingerprint-based check'' before the 
        semicolon.

SEC. 4. STATE PLAN REQUIREMENT TO NOTIFY RELATIVES SEEKING PLACEMENT OF 
              A CHILD THAT THEIR IMMIGRATION STATUS WILL NOT BE 
              QUESTIONED.

    Section 471(a)(29) of the Social Security Act (42 U.S.C. 
671(a)(29)) is amended--
            (1) by striking ``and'' at the end of subparagraph (C);
            (2) by adding ``and'' at the end of subparagraph (D); and
            (3) by adding at the end the following:
                    ``(E) the immigration status of any such relative 
                seeking placement of the child with the relative shall 
                not be questioned, except to the extent necessary in 
                determining eligibility for relevant services or 
                programs;''.

SEC. 5. AUTHORIZE STATE DISCRETION TO DELAY FILING FOR TERMINATION OF 
              PARENTAL RIGHTS IN FOSTER CARE CASES IN WHICH OTHERWISE 
              FIT AND WILLING PARENT OR RELATIVE HAS BEEN REMOVED OR IS 
              INVOLVED IN AN IMMIGRATION PROCEEDING, UNLESS CERTAIN 
              CONDITIONS HAVE BEEN MET.

    Section 475(5)(E) of the Social Security Act (42 U.S.C. 675(5)(E)) 
is amended by striking ``; or'' and inserting the following: ``and a 
compelling reason in section 475(5)(E) for the State to not file (or 
join in the filing of such a petition) shall include the removal of the 
parent from the United States or the involvement of the parent in 
(including detention pursuant to) an immigration proceeding, unless the 
parent is unfit or unwilling to be a parent of the child. Before a 
State may file to terminate the parental rights under such section 
475(5)(E), the State (or the county or other political subdivision of 
the State, as the case may be) shall make reasonable efforts--''
                                    ``(I) to identify, locate, and 
                                contact (including, if appropriate, 
                                through the diplomatic or consular 
                                offices of the country to which the 
                                parent was removed or a parent or 
                                relative resides) any parent of the 
                                child, who has been removed from the 
                                United States, and where possible, any 
                                potential adult relative of the child 
                                (as described in section 471(a)(29));
                                    ``(II) to notify such a parent or 
                                relative of the intent of the State (or 
                                the county or other political 
                                subdivision of the State, as 
                                applicable) to file (or join in the 
                                filing of) such a petition;
                                    ``(III) to reunify the child with 
                                any such parent or relative; and
                                    ``(IV) provide and document 
                                appropriate services to the parent or 
                                relative; or''.

SEC. 6. REQUIREMENT OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO 
              PROVIDE GUIDANCE ON BEST PRACTICES FOR ESTABLISHING 
              MEMORANDUM OF UNDERSTANDING OR AGREEMENTS WITH FOREIGN 
              CONSULATES IN JUVENILE COURT CASES INVOLVING IMMIGRANT 
              CHILDREN OR CHILDREN OF IMMIGRANTS IN FOSTER CARE AND FOR 
              OTHER PURPOSES.

    The Secretary of Health and Human Services, in consultation with 
the Secretary of Homeland Security, the Secretary of State, and 
immigration, international law, and child welfare experts, shall 
develop and disseminate to State, county, and local child welfare 
agencies best practice guidance that takes into account the best 
interest of the child, including a preference for family unity whenever 
appropriate, on the following:
            (1) Establishing memoranda of understanding or agreements 
        with foreign consulates in juvenile and family court cases, 
        including procedures for contacting a consulate and protections 
        affording foreign nationals the right to refuse contact with, 
        or the sharing of personal or identifying information with, the 
        government of their country of origin.
            (2) Facilitating collection of children's necessary legal 
        documents prior to reunification with a parent, legal guardian, 
        or relative caregiver abroad, including but not limited to 
        passports and apostilled birth certificates, health, and school 
        records.
            (3) Locating and notifying a detained parent, legal 
        guardian, or appropriate relative caregiver, and assisting in 
        family reunification efforts prior to or after a parent's 
        removal.
            (4) Aiding the safe transfer of a child to the parent's, 
        legal guardian's, or relative caregiver's country of residence.
            (5) Communicating with relevant departments and service 
        providers in a parent's, legal guardian's, or relative 
        caregiver's country of origin to arrange necessary placement 
        and reunification services, including but not limited to home 
        studies, background checks, and collection of necessary legal 
        documents.
            (6) Assisting a detained or deported parent, legal 
        guardian, or relative caregiver in meeting child welfare case 
        plan requirements, facilitating their participation in family 
        court hearings, and arranging supervised visitations within the 
        United States, abroad, and at border facilities when 
        appropriate.

SEC. 7. CHILD WELFARE SERVICES FOR CHILDREN SEPARATED FROM PARENTS 
              DETAINED OR REMOVED FROM THE UNITED STATES FOR 
              IMMIGRATION VIOLATIONS.

    (a) State Plan Requirements.--Section 471(a) of the Social Security 
Act (42 U.S.C. 671(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (32);
            (2) by striking the period at the end of paragraph (33) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(34) provides that the State shall--
                    ``(A) ensure that the case manager for a separated 
                child is capable of communicating in the native 
                language of such child and of the family of such child, 
                or an interpreter who is so capable is provided to 
                communicate with such child and the family of such 
                child at no cost to the child or the family of such 
                child;
                    ``(B) coordinate with the Department of Homeland 
                Security to make every effort to ensure that parents 
                who wish for their child to accompany them to their 
                country of origin are given adequate time and 
                assistance to obtain a passport and visa, and to 
                collect all relevant vital documents such as birth 
                certificate, health, and educational records, and other 
                information;
                    ``(C) preserve, to the greatest extent possible, 
                the privacy and confidentiality of all information 
                gathered in the course of administering the care, 
                custody, and placement of, and follow-up services 
                provided to, a separated child, consistent with the 
                best interest of such child, by not disclosing such 
                information to other government agencies or persons 
                (other than a parent, legal guardian, or relative 
                caregiver or such child), except that the head of the 
                State agency (or the county or other political 
                subdivision of the State, as applicable) may disclose 
                such information, after placing a written record of the 
                disclosure in the file of the child--
                            ``(i) to a consular official for the 
                        purpose of reunification of a child with a 
                        parent, legal guardian, or relative caregiver 
                        who has been removed or is involved in an 
                        immigration proceeding, unless the child has 
                        refused contact with, or the sharing of 
                        personal or identifying information with, the 
                        government of their country of origin;
                            ``(ii) when authorized to do so by the 
                        child (if the child has attained 18 years of 
                        age) if the disclosure is consistent with the 
                        best interest of the child; or
                            ``(iii) to a law enforcement agency if the 
                        disclosure would prevent imminent and serious 
                        harm to another individual; and
                    ``(D) not less frequently than annually, compile, 
                update, and publish a list of entities in the State 
                that are qualified to provide legal representation 
                services for a separated child, in a language such that 
                a child can read and understand.''.
    (b) Additional Information To Be Included in Case Plan.--Section 
475(1) of such Act (42 U.S.C. 675(1)) is amended by adding at the end 
the following:
                    ``(H) In the case of a separated child with respect 
                to whom the State plan requires the State to provide 
                services pursuant to section 16 471(a)(34)--
                            ``(i) the location of the parent or legal 
                        guardian referred to in paragraph (9)(A) of 
                        this subsection from whom the child has been 
                        separated; and
                            ``(ii) a written record of each disclosure 
                        to a government agency or person (other than 
                        such a parent or legal guardian) of information 
                        gathered in the course of tracking the care, 
                        custody, and placement of, and follow-up 
                        services provided to, the child.''.
    (c) Separated Child Defined.--Section 475 of such Act (42 U.S.C. 
675) is amended by adding at the end the following:
            ``(9) The term `separated child' means an individual who--
                    ``(A) has a parent or legal guardian who has been 
                detained by a Federal, State, or local law enforcement 
                agency in the enforcement of an immigration law, or 
                removed from the United States as a result of a 
                violation of such a law; and
                    ``(B) is in the care or supervision of a State.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first calendar quarter that begins after 
the 1-year period that begins with the date of the enactment of this 
Act.

SEC. 8. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided in this Act, the 
amendments made by this Act shall take effect on the first day of the 
first fiscal year beginning on or after the date of the enactment of 
this Act, and shall apply to payments under part E of title IV of the 
Social Security Act for calendar quarters beginning on or after such 
date.
    (b) Delay Permitted if State Legislation Required.--If the 
Secretary of Health and Human Services determines that State 
legislation (other than legislation appropriating funds) is required in 
order for a State plan approved under part E of title IV of the Social 
Security Act to meet the additional requirements imposed by the 
amendments made by this Act, the plan shall not be regarded as failing 
to meet any of the additional requirements before the first day of the 
first calendar quarter beginning after the first regular session of the 
State legislature that begins after the date of the enactment of this 
Act. For purposes of the preceding sentence, if the State has a 2-year 
legislative session, each year of the session is deemed to be a 
separate regular session of the State legislature.