I 

113TH CONGRESS 

1ST SESSION H. R. 2036 

To amend part E of title IV of the Social Security Act to require States 

to help alien children in the child welfare system apply for all available 

forms of immigration relief, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 16, 2013 

Mr. O’ROURKE (for himself, Ms. BASS, Mr. LEWIS, Ms. ROYBAL-ALLARD, Ms. 

SLAUGHTER, and Mr. GRIJALVA) introduced the following bill; which was 

referred to the Committee on Ways and Means, and in addition to the 

Committee on Agriculture, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend part E of title IV of the Social Security Act 

to require States to help alien children in the child 

welfare system apply for all available forms of immigration relief, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foster Children Op5 portunity Act’’. 


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1 SEC. 2. STATE PLAN REQUIREMENT TO HAVE PROCEDURES 

2 TO HELP ALIEN CHILDREN IN THE CHILD 

3 WELFARE SYSTEM ACHIEVE SPECIAL IMMI4 GRANT JUVENILE STATUS AND LAWFUL PER5 MANENT RESIDENT STATUS. 

6 Section 471(a)(27) of the Social Security Act (42 

7 U.S.C. 671(a)(27)) is amended by inserting ‘‘, and if the 

8 child is an alien without a lawful immigration status, for 

9 reviewing the child’s eligibility for special immigrant juve10 nile status, lawful permanent resident status, and other 

11 forms of relief under immigration law, within 1 year after 

12 the status of the child is first reviewed pursuant to section 

13 475(5)(B), and annually thereafter, and for assisting the 

14 child in applying for special immigrant juvenile status, 

15 lawful permanent resident status, and other forms of relief 

16 under immigration law, so that the child can reasonably 

17 be expected to achieve such relief before exiting foster 

18 care, if doing so would be in the best interests of the child’’ 

19 before the period. 

20 SEC. 3. REQUIREMENT THAT STATE CHILD WELFARE AGEN21 CIES DOCUMENT THEIR EFFORTS TO PURSUE 

22 LAWFUL IMMIGRANT STATUS FOR ELIGIBLE 

23 ALIEN FOSTER CHILDREN. 

24 Section 475(1) of the Social Security Act (42 U.S.C. 

25 675(1)) is amended by adding at the end the following: 


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1 ‘‘(H) In the case of an alien child who, 

2 after a review conducted pursuant to section 

3 471(a)(27), is determined to be a child who 

4 may qualify for special immigrant juvenile sta5 tus, lawful permanent resident status, or other 

6 forms of relief under immigration law, docu7 mentation of the steps the agency is taking in 

8 assisting the child to obtain the status before 

9 exiting foster care, including whether the req10 uisite petitions have been filed on behalf of the 

11 child, and whether assistance has been provided 

12 to secure immigration legal counsel for the 

13 child.’’. 

14 SEC. 4. REQUIRMENT TO DETERMINE WHETHER FILING PE15 TITIONS FOR SPECIAL IMMIGRANT JUVENILE 

16 STATUS AND LAWFUL PERMANENT RESIDENT 

17 STATUS FOR ALIEN FOSTER CHILDREN IS IN 

18 THE CHILD’S BEST INTEREST IN APPRO19 PRIATE CASES. 

20 Section 475(5)(C)(i) of the Social Security Act (42 

21 U.S.C. 675(5)(C)(i)) is amended by inserting ‘‘, and, in 

22 the case of an alien child without lawful immigration sta23 tus, the hearing shall determine whether a petition for spe24 cial immigrant juvenile status or lawful permanent resi25 dent status has been filed on behalf of the child and, if 


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1 such a petition has not been so filed, whether it is in the 

2 best interests of the child, including consideration of the 

3 potential effects on family reunification efforts, to have 

4 such a petition so filed or to have immigration counsel 

5 appointed’’ before the semicolon at the end. 

6 SEC. 5. AUTHORITY TO USE COURT IMPROVEMENT PRO7 GRAM GRANT FUNDS TO EDUCATE AND 

8 TRAIN CHILD WELFARE AND COURT STAFF, 

9 INCLUDING JUDGES, SOCIAL WORKERS, 

10 COURT-APPOINTED SPECIAL ADVOCATES, 

11 AND LAWYERS TO ASSIST ALIEN CHILDREN 

12 IN ACHIEVING SPECIAL IMMIGRANT JUVE13 NILE STATUS, LAWFUL PERMANENT RESI14 DENT STATUS, AND OTHER FORMS OF RELIEF 

15 UNDER IMMIGRATION LAW. 

16 Section 438(a)(2) of the Social Security Act (42 

17 U.S.C. 629h(a)(2)) is amended— 

18 (1) by striking ‘‘and’’ at the end of subpara19 graph (B); 

20 (2) by adding ‘‘and’’ at the end of subpara21 graph (C); and 

22 (3) by adding at the end the following: 

23 ‘‘(D) to educate and train child welfare 

24 and court staff, including judges, social work25 ers, court-appointed special advocates, and atVerDate Mar 15 2010 06:31 May 24, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2036.IH H2036

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1 torneys to assist alien children in achieving spe2 cial immigrant juvenile status, lawful perma3 nent resident status, and other forms of relief 

4 under immigration law in a timely manner;’’. 

5 SEC. 6. TECHNICAL ASSISTANCE FOR CHILD WELFARE 

6 AGENCIES. 

7 On request of a State child welfare agency for tech8 nical assistance in carrying out the amendments made by 

9 this Act, the Secretary of Health and Human Services, 

10 in consultation with the Secretary of Homeland Security 

11 and the Secretary of State, shall provide the assistance, 

12 and may award grants to and enter into contracts with 

13 qualified non-profit or other community-based service pro14 viders with substantive expertise to perform the assist15 ance. 

16 SEC. 7. ELIGIBILITY FOR ASSISTANCE. 

17 (a) PUBLIC BENEFITS.— 

18 (1) FEDERAL MEANS-TESTED PUBLIC BENE19 FITS.—Section 403(b) of the Personal Responsibility 

20 and Work Opportunity Reconciliation Act of 1996 (8 

21 U.S.C. 1613(b)) is amended by adding at the end 

22 the following: 

23 ‘‘(3) EXCEPTION FOR INDIVIDUALS WHO HAVE

24 OBTAINED SPECIAL IMMIGRANT JUVENILE STA25 TUS.—An alien who is granted special immigrant juVerDate Mar 15 2010 06:31 May 24, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2036.IH H2036

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1 venile status under section 101(a)(27)(J) of the Im2 migration and Nationality Act (8 U.S.C. 

3 1101(a)(27)(J)).’’. 

4 (2) OTHER FEDERAL PROGRAMS.—Section 402 

5 of such Act (8 U.S.C. 1612) is amended— 

6 (A) in subsection (a)(2), by adding at the 

7 end the following: 

8 ‘‘(N) EXCEPTION FOR INDIVIDUALS WHO

9 HAVE OBTAINED SPECIAL IMMIGRANT JUVE10 NILE STATUS.—With respect to eligibility for 

11 benefits for the specified Federal programs de12 scribed in paragraph (3), paragraph (1) shall 

13 not apply to any alien who is granted special 

14 immigrant juvenile status under section 

15 101(a)(27)(J) of the Immigration and Nation16 ality Act (8 U.S.C. 1101(a)(27)(J)).’’; and 

17 (B) in subsection (b)(2), by adding at the 

18 end the following: 

19 ‘‘(G) EXCEPTION FOR INDIVIDUALS WHO

20 HAVE OBTAINED SPECIAL IMMIGRANT JUVE21 NILE STATUS.—An alien who is granted special 

22 immigrant juvenile status under section 

23 101(a)(27)(J) of the Immigration and Nation24 ality Act (8 U.S.C. 1101(a)(27)(J)).’’. 


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1 (b) STATE REIMBURSEMENT.—Section 472(a)(4) of 

2 the Social Security Act (42 U.S.C. 672(a)(4)) is amended 

3 by inserting ‘‘, and if the child is an alien who has ob4 tained special immigrant juvenile status under section 

5 101(a)(27)(J) of the Immigration and Nationality Act and 

6 would have been qualified to receive aid under the State 

7 plan approved under section 402 of this Act in or for the 

8 month in which the agreement described in paragraph 

9 (2)(A)(i) of this subsection was entered into or court pro10 ceedings leading to the determination described in para11 graph (2)(A)(ii) of this subsection were initiated if the 

12 child had been a United States citizen, the child shall be 

13 considered to satisfy the requirements of paragraph (3) 

14 with respect to the month’’ before the period. 

15 SEC. 8. EFFECTIVE DATE. 

16 (a) IN GENERAL.—The amendments made by this 

17 Act, other than by section 7, shall take effect on the date 

18 of the enactment of this Act, and shall apply to payments 

19 under part E of title IV of the Social Security Act for 

20 quarters beginning on or after such date. 

21 (b) DELAY PERMITTED IF STATE LEGISLATION RE22 QUIRED.—In the case of a State plan approved under part 

23 E of title IV of the Social Security Act which the Secretary 

24 of Health and Human Services determines requires State 

25 legislation (other than legislation appropriating funds) in 


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1 order for the plan to meet the additional requirements im2 posed by this Act, the State plan shall not be regarded 

3 as failing to comply with the requirements of such part 

4 solely on the basis of the failure of the plan to meet such 

5 additional requirements before the 1st day of the 1st cal6 endar quarter beginning after the close of the 1st regular 

7 session of the State legislature that ends after the 1-year 

8 period beginning with the date of the enactment of this 

9 Act. For purposes of the preceding sentence, in the case 

10 of a State that has a 2-year legislative session, each year 

11 of the session is deemed to be a separate regular session 

12 of the State legislature. 

Æ 


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