I 

113TH CONGRESS 

1ST SESSION H. R. 2604 

To amend part E of title IV of the Social Security Act to ensure that 

immigration status alone does not disqualify a parent, legal guardian, 

or relative from being a placement for a foster child, to authorize discretion to a State, county, or other political subdivision of a State to 

delay filing for termination of parental rights in foster care cases in 

which an otherwise fit and willing parent or legal guardian has been 

deported or is involved in (including detention pursuant to) an immigration proceeding, unless certain conditions have been met, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 28, 2013 

Ms. ROYBAL-ALLARD introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

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

to ensure that immigration status alone does not disqualify a parent, legal guardian, or relative from being 

a placement for a foster child, to authorize discretion 

to a State, county, or other political subdivision of a 

State to delay filing for termination of parental rights 

in foster care cases in which an otherwise fit and willing 

parent or legal guardian has been deported or is involved 

in (including detention pursuant to) an immigration proceeding, unless certain conditions have been met, and 

for other purposes. 


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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 ‘‘Help Separated Fami5 lies Act of 2013’’. 

6 SEC. 2. IMMIGRATION STATUS ALONE NOT A DISQUALI7 FICATION FROM BEING A PLACEMENT FOR A 

8 FOSTER CHILD. 

9 Section 471(a)(19) of the Social Security Act (42 

10 U.S.C. 671(a)(19)) is amended— 

11 (1) by striking ‘‘(19) provides that the State’’ 

12 and inserting the following: 

13 ‘‘(19) provides that— 

14 ‘‘(A) the State’’; and 

15 (2) by adding after and below the end the fol16 lowing: 

17 ‘‘(B) such standards shall ensure that the 

18 immigration status alone of a parent, legal 

19 guardian, or relative shall not disqualify the 

20 parent, legal guardian, or relative from being a 

21 placement for a child;’’. 


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1 SEC. 3. STATE PLAN REQUIREMENT TO ACCEPT CERTAIN 

2 DOCUMENTS ISSUED BY FOREIGN ENTITIES 

3 AS SUFFICIENT IDENTIFICATION FOR PUR4 POSES OF INITIATING A CRIMINAL RECORDS 

5 CHECK OR A FINGERPRINT-BASED CHECK. 

6 Section 471(a)(20) of the Social Security Act (42 

7 U.S.C. 671(a)(20)) is amended— 

8 (1) in subparagraph (A), by inserting ‘‘which 

9 procedures shall require the State (including the 

10 State agency, the child welfare agency of any county 

11 or other political subdivision of the State, and case12 workers and supervisors of any such agency) to ac13 cept a foreign consulate identification card, a foreign 

14 passport, or such other foreign identification docu15 ment as may be allowed in regulations prescribed by 

16 the Secretary, as sufficient identification for pur17 poses of initiating a criminal records check or a fin18 gerprint-based check,’’ before ‘‘including proce19 dures’’; and 

20 (2) in subparagraph (C), by inserting ‘‘, which 

21 procedures shall require the State (including the 

22 State agency, the child welfare agency of any county 

23 or other political subdivision of the State, and case24 workers and supervisors of any such agency) to ac25 cept a foreign consulate identification card, a foreign 

26 passport, or such other foreign identification docuVerDate Mar 15 2010 01:58 Jul 04, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2604.IH H2604

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1 ment as may be allowed in regulations prescribed by 

2 the Secretary, as sufficient identification for pur3 poses of initiating a criminal records check or a fin4 gerprint-based check’’ before the semicolon. 

5 SEC. 4. STATE PLAN REQUIREMENT TO NOTIFY RELATIVES 

6 SEEKING PLACEMENT OF A CHILD THAT 

7 THEIR IMMIGRATION STATUS WILL NOT BE 

8 QUESTIONED. 

9 Section 471(a)(29) of the Social Security Act (42 

10 U.S.C. 671(a)(29)) is amended— 

11 (1) by striking ‘‘and’’ at the end of subpara12 graph (C); 

13 (2) by adding ‘‘and’’ at the end of subpara14 graph (D); and 

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

16 ‘‘(E) the immigration status of any such 

17 relative seeking placement of the child with the 

18 relative shall not be questioned, except to the 

19 extent necessary in determining eligibility for 

20 relevant services or programs;’’. 


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1 SEC. 5. AUTHORIZE STATE DISCRETION TO DELAY FILING 

2 FOR TERMINATION OF PARENTAL RIGHTS IN 

3 FOSTER CARE CASES IN WHICH OTHERWISE 

4 FIT AND WILLING PARENT OR RELATIVE HAS 

5 BEEN REMOVED OR IS INVOLVED IN AN IMMI6 GRATION PROCEEDING, UNLESS CERTAIN 

7 CONDITIONS HAVE BEEN MET. 

8 Section 475(5)(E) of the Social Security Act (42 

9 U.S.C. 675(5)(E)) is amended by striking ‘‘; or’’ and in10 serting the following: ‘‘and a compelling reason in section 

11 475(5)(E) for the State to not file (or join in the filing 

12 of such a petition) shall include the removal of the parent 

13 from the United States or the involvement of the parent 

14 in (including detention pursuant to) an immigration pro15 ceeding, unless the parent is unfit or unwilling to be a 

16 parent of the child. Before a State may file to terminate 

17 the parental rights under such section 475(5)(E), the 

18 State (or the county or other political subdivision of the 

19 State, as the case may be) shall make reasonable efforts— 

20 ’’ 

21 ‘‘(I) to identify, locate, and con22 tact (including, if appropriate, 

23 through the diplomatic or consular of24 fices of the country to which the par25 ent was removed or a parent or rel26 ative resides) any parent of the child, 


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1 who has been removed from the 

2 United States, and where possible, 

3 any potential adult relative of the 

4 child (as described in section 

5 471(a)(29)); 

6 ‘‘(II) to notify such a parent or 

7 relative of the intent of the State (or 

8 the county or other political subdivi9 sion of the State, as applicable) to file 

10 (or join in the filing of) such a peti11 tion; 

12 ‘‘(III) to reunify the child with 

13 any such parent or relative; and 

14 ‘‘(IV) provide and document ap15 propriate services to the parent or rel16 ative; or’’. 


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1 SEC. 6. REQUIREMENT OF THE DEPARTMENT OF HEALTH 

2 AND HUMAN SERVICES TO PROVIDE GUID3 ANCE ON BEST PRACTICES FOR ESTAB4 LISHING MEMORANDUM OF UNDERSTANDING 

5 OR AGREEMENTS WITH FOREIGN CON6 SULATES IN JUVENILE COURT CASES IN7 VOLVING IMMIGRANT CHILDREN OR CHIL8 DREN OF IMMIGRANTS IN FOSTER CARE AND 

9 FOR OTHER PURPOSES. 

10 The Secretary of Health and Human Services, in con11 sultation with the Secretary of Homeland Security, the 

12 Secretary of State, and immigration, international law, 

13 and child welfare experts, shall develop and disseminate 

14 to State, county, and local child welfare agencies best 

15 practice guidance that takes into account the best interest 

16 of the child, including a preference for family unity when17 ever appropriate, on the following: 

18 (1) Establishing memoranda of understanding 

19 or agreements with foreign consulates in juvenile 

20 and family court cases, including procedures for con21 tacting a consulate and protections affording foreign 

22 nationals the right to refuse contact with, or the 

23 sharing of personal or identifying information with, 

24 the government of their country of origin. 

25 (2) Facilitating collection of children’s nec26 essary legal documents prior to reunification with a 


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1 parent, legal guardian, or relative caregiver abroad, 

2 including but not limited to passports and apostilled 

3 birth certificates, health, and school records. 

4 (3) Locating and notifying a detained parent, 

5 legal guardian, or appropriate relative caregiver, and 

6 assisting in family reunification efforts prior to or 

7 after a parent’s removal. 

8 (4) Aiding the safe transfer of a child to the 

9 parent’s, legal guardian’s, or relative caregiver’s 

10 country of residence. 

11 (5) Communicating with relevant departments 

12 and service providers in a parent’s, legal guardian’s, 

13 or relative caregiver’s country of origin to arrange 

14 necessary placement and reunification services, in15 cluding but not limited to home studies, background 

16 checks, and collection of necessary legal documents. 

17 (6) Assisting a detained or deported parent, 

18 legal guardian, or relative caregiver in meeting child 

19 welfare case plan requirements, facilitating their 

20 participation in family court hearings, and arranging 

21 supervised visitations within the United States, 

22 abroad, and at border facilities when appropriate. 


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1 SEC. 7. CHILD WELFARE SERVICES FOR CHILDREN SEPA2 RATED FROM PARENTS DETAINED OR RE3 MOVED FROM THE UNITED STATES FOR IM4 MIGRATION VIOLATIONS. 

5 (a) STATE PLAN REQUIREMENTS.—Section 471(a) 

6 of the Social Security Act (42 U.S.C. 671(a)) is amend7 ed— 

8 (1) by striking ‘‘and’’ at the end of paragraph 

9 (32); 

10 (2) by striking the period at the end of para11 graph (33) and inserting ‘‘; and’’; and 

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

13 ‘‘(34) provides that the State shall— 

14 ‘‘(A) ensure that the case manager for a 

15 separated child is capable of communicating in 

16 the native language of such child and of the 

17 family of such child, or an interpreter who is so 

18 capable is provided to communicate with such 

19 child and the family of such child at no cost to 

20 the child or the family of such child; 

21 ‘‘(B) coordinate with the Department of 

22 Homeland Security to make every effort to en23 sure that parents who wish for their child to ac24 company them to their country of origin are 

25 given adequate time and assistance to obtain a 

26 passport and visa, and to collect all relevant 


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1 vital documents such as birth certificate, health, 

2 and educational records, and other information; 

3 ‘‘(C) preserve, to the greatest extent pos4 sible, the privacy and confidentiality of all infor5 mation gathered in the course of administering 

6 the care, custody, and placement of, and follow7 up services provided to, a separated child, con8 sistent with the best interest of such child, by 

9 not disclosing such information to other govern10 ment agencies or persons (other than a parent, 

11 legal guardian, or relative caregiver or such 

12 child), except that the head of the State agency 

13 (or the county or other political subdivision of 

14 the State, as applicable) may disclose such in15 formation, after placing a written record of the 

16 disclosure in the file of the child— 

17 ‘‘(i) to a consular official for the pur18 pose of reunification of a child with a par19 ent, legal guardian, or relative caregiver 

20 who has been removed or is involved in an 

21 immigration proceeding, unless the child 

22 has refused contact with, or the sharing of 

23 personal or identifying information with, 

24 the government of their country of origin; 


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1 ‘‘(ii) when authorized to do so by the 

2 child (if the child has attained 18 years of 

3 age) if the disclosure is consistent with the 

4 best interest of the child; or 

5 ‘‘(iii) to a law enforcement agency if 

6 the disclosure would prevent imminent and 

7 serious harm to another individual; and 

8 ‘‘(D) not less frequently than annually, 

9 compile, update, and publish a list of entities in 

10 the State that are qualified to provide legal rep11 resentation services for a separated child, in a 

12 language such that a child can read and under13 stand.’’. 

14 (b) ADDITIONAL INFORMATION TO BE INCLUDED IN

15 CASE PLAN.—Section 475(1) of such Act (42 U.S.C. 

16 675(1)) is amended by adding at the end the following: 

17 ‘‘(H) In the case of a separated child with 

18 respect to whom the State plan requires the 

19 State to provide services pursuant to section 16 

20 471(a)(34)— 

21 ‘‘(i) the location of the parent or legal 

22 guardian referred to in paragraph (9)(A) 

23 of this subsection from whom the child has 

24 been separated; and 


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1 ‘‘(ii) a written record of each disclo2 sure to a government agency or person 

3 (other than such a parent or legal guard4 ian) of information gathered in the course 

5 of tracking the care, custody, and place6 ment of, and follow-up services provided to, 

7 the child.’’. 

8 (c) SEPARATED CHILD DEFINED.—Section 475 of 

9 such Act (42 U.S.C. 675) is amended by adding at the 

10 end the following: 

11 ‘‘(9) The term ‘separated child’ means an indi12 vidual who— 

13 ‘‘(A) has a parent or legal guardian who 

14 has been detained by a Federal, State, or local 

15 law enforcement agency in the enforcement of 

16 an immigration law, or removed from the 

17 United States as a result of a violation of such 

18 a law; and 

19 ‘‘(B) is in the care or supervision of a 

20 State.’’. 

21 (d) EFFECTIVE DATE.—The amendments made by 

22 this section shall take effect on the first day of the first 

23 calendar quarter that begins after the 1-year period that 

24 begins with the date of the enactment of this Act. 


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1 SEC. 8. EFFECTIVE DATE. 

2 (a) IN GENERAL.—Except as otherwise provided in 

3 this Act, the amendments made by this Act shall take ef4 fect on the first day of the first fiscal year beginning on 

5 or after the date of the enactment of this Act, and shall 

6 apply to payments under part E of title IV of the Social 

7 Security Act for calendar quarters beginning on or after 

8 such date. 

9 (b) DELAY PERMITTED IF STATE LEGISLATION RE10 QUIRED.—If the Secretary of Health and Human Services 

11 determines that State legislation (other than legislation 

12 appropriating funds) is required in order for a State plan 

13 approved under part E of title IV of the Social Security 

14 Act to meet the additional requirements imposed by the 

15 amendments made by this Act, the plan shall not be re16 garded as failing to meet any of the additional require17 ments before the first day of the first calendar quarter 

18 beginning after the first regular session of the State legis19 lature that begins after the date of the enactment of this 

20 Act. For purposes of the preceding sentence, if the State 

21 has a 2-year legislative session, each year of the session 

22 is deemed to be a separate regular session of the State 

23 legislature. 

Æ 


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