Migrant Child Safety Act

To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to establish additional requirements related to ensuring safe placements for unaccompanied alien children. 1. Short title This Act may be cited as the Migrant Child Safety Act 2. Ensuring the safety of unaccompanied alien children (a) In general Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(3) (D) Information about individuals with whom children are placed (i) Information to be collected by the Secretary of Health and Human Services and provided to the Secretary of Homeland Security Before placing the child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the individual with whom the child will be placed, the following information: (I) The name of the individual. (II) The maiden name of the individual, if applicable. (III) The social security number of the individual. (IV) The date of birth of the individual. (V) The birthplace of the individual. (VI) The location of the individual’s residence where the child will be placed, including proof of address. (VII) The results of background checks of the individual and each additional adult household member of the residence where the child will be placed. (VIII) The immigration status of the individual, if known. (IX) Contact information for the individual, including a phone number. (X) Whether the individual is a relative or guardian of the child, and if so— (aa) documents to prove that the individual is a relative or guardian of the child; (bb) the contact information of any witness willing to testify that the individual is a relative or guardian of the child; or (cc) the results of a DNA test administered by the Secretary of Health and Human Services proving that the individual is a relative of the child. (ii) Activities of the secretary of homeland security Not later than 30 days after receiving the information listed in clause (i), the Secretary of Homeland Security, upon determining that an individual with whom a child is placed is unlawfully present in the United States and not in removal proceedings pursuant to chapter 4 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1221 et seq. (iii) No waiver The Secretary of Health and Human Services may not waive the requirements under clause (i). (iv) Reports to NCMEC The Secretary of Health and Human Services shall report as missing to the National Center for Missing and Exploited Children the name (and any other information in the possession of the Secretary) of any unaccompanied alien child, with respect to whom, not later than 120 days after placing the child with the sponsor— (I) the Secretary could not contact the sponsor for the purpose of a follow-up or well-being check; or (II) the sponsor did not contact the Secretary for the purpose of a follow-up or well-being check. (v) Information provided to State or local health or welfare agency Not later than 30 days after placing a child in a residence, the Secretary of Health and Human Services shall provide to the appropriate State or local health or welfare agency the information provided to the Secretary of Homeland Security under clause (i) and any other information in the possession of the Secretary related to the child. (vi) Parental contact To the extent practicable, the Secretary of Health and Human Services shall attempt to contact the parents of each unaccompanied alien child, using any information in the possession of the Secretary. . (b) Effective date The amendments made by this section shall apply to any unaccompanied alien child (as such term is defined in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)

Summary: Migrant Child Safety Act This bill requires actions relating to placing unaccompanied alien children with a sponsor, such as requiring the Department of Health and Human Services (HHS) to collect and share specified information about prospective sponsors. Before placing such a child with a prospective sponsor, HHS must gather and provide to the Department of Homeland Security (DHS) specified information about the prospective sponsor, including (1) proof of address for the residence where the child will be placed; (2) results of background checks for the sponsor and any adult household members, (3) the sponsor's immigration status, if known; and (4) any evidence to prove any claimed relationship between the child and the sponsor. HHS may not waive any part of this requirement. After receiving this information, if DHS determines that the sponsor is unlawfully present in the United States, the sponsor must be placed in removal proceedings. No later than 30 days after placing the child, HHS must also provide this information and any other relevant information to the appropriate state or local health or welfare agency. If HHS cannot contact the sponsor for a follow-up or well-being check during the 120 days after the child's placement, HHS must report the child as missing to the National Center for Missing and Exploited Children. HHS must attempt to contact the child's parents, to the extent practicable.