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 with-
in 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 immigra-
tion relief, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Foster Children Op-
portunity Act’’. 
VerDate Mar 15 2010 
06:31 May 24, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2036.IH
H2036
jbell on DSK7SPTVN1PROD with BILLS
SEC. 2. STATE PLAN REQUIREMENT TO HAVE PROCEDURES 
TO HELP ALIEN CHILDREN IN THE CHILD 
WELFARE SYSTEM ACHIEVE SPECIAL IMMI-
GRANT JUVENILE STATUS AND LAWFUL PER-
MANENT RESIDENT STATUS. 
Section 471(a)(27) of the Social Security Act (42 
U.S.C. 671(a)(27)) is amended by inserting ‘‘, and if the 
child is an alien without a lawful immigration status, for 
reviewing the child’s eligibility for special immigrant juve-
nile status, lawful permanent resident status, and other 
forms of relief under immigration law, within 1 year after 
the status of the child is first reviewed pursuant to section 
475(5)(B), and annually thereafter, and for assisting the 
child in applying for special immigrant juvenile status, 
lawful permanent resident status, and other forms of relief 
under immigration law, so that the child can reasonably 
be expected to achieve such relief before exiting foster 
care, if doing so would be in the best interests of the child’’ 
before the period. 
SEC. 3. REQUIREMENT THAT STATE CHILD WELFARE AGEN-
CIES DOCUMENT THEIR EFFORTS TO PURSUE 
LAWFUL IMMIGRANT STATUS FOR ELIGIBLE 
ALIEN FOSTER CHILDREN. 
Section 475(1) of the Social Security Act (42 U.S.C. 
675(1)) is amended by adding at the end the following: 
VerDate Mar 15 2010 
20:49 May 24, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2036.IH
H2036
jbell on DSK7SPTVN1PROD with BILLS
‘‘(H) In the case of an alien child who, 
after a review conducted pursuant to section 
471(a)(27), is determined to be a child who 
may qualify for special immigrant juvenile sta-
tus, lawful permanent resident status, or other 
forms of relief under immigration law, docu-
mentation of the steps the agency is taking in 
assisting the child to obtain the status before 
exiting foster care, including whether the req-
uisite petitions have been filed on behalf of the 
child, and whether assistance has been provided 
to secure immigration legal counsel for the 
child.’’. 
SEC. 4. REQUIRMENT TO DETERMINE WHETHER FILING PE-
TITIONS FOR SPECIAL IMMIGRANT JUVENILE 
STATUS AND LAWFUL PERMANENT RESIDENT 
STATUS FOR ALIEN FOSTER CHILDREN IS IN 
THE CHILD’S BEST INTEREST IN APPRO-
PRIATE CASES. 
Section 475(5)(C)(i) of the Social Security Act (42 
U.S.C. 675(5)(C)(i)) is amended by inserting ‘‘, and, in 
the case of an alien child without lawful immigration sta-
tus, the hearing shall determine whether a petition for spe-
cial immigrant juvenile status or lawful permanent resi-
dent status has been filed on behalf of the child and, if 
VerDate Mar 15 2010 
06:31 May 24, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2036.IH
H2036
jbell on DSK7SPTVN1PROD with BILLS
such a petition has not been so filed, whether it is in the 
best interests of the child, including consideration of the 
potential effects on family reunification efforts, to have 
such a petition so filed or to have immigration counsel 
appointed’’ before the semicolon at the end. 
SEC. 5. AUTHORITY TO USE COURT IMPROVEMENT PRO-
GRAM GRANT FUNDS TO EDUCATE AND 
TRAIN CHILD WELFARE AND COURT STAFF, 
INCLUDING 
JUDGES, 
SOCIAL 
WORKERS, 
COURT-APPOINTED 
SPECIAL 
ADVOCATES, 
AND LAWYERS TO ASSIST ALIEN CHILDREN 
IN ACHIEVING SPECIAL IMMIGRANT JUVE-
NILE STATUS, LAWFUL PERMANENT RESI-
DENT STATUS, AND OTHER FORMS OF RELIEF 
UNDER IMMIGRATION LAW. 
Section 438(a)(2) of the Social Security Act (42 
U.S.C. 629h(a)(2)) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (B); 
(2) by adding ‘‘and’’ at the end of subpara-
graph (C); and 
(3) by adding at the end the following: 
‘‘(D) to educate and train child welfare 
and court staff, including judges, social work-
ers, court-appointed special advocates, and at-
VerDate Mar 15 2010 
06:31 May 24, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2036.IH
H2036
jbell on DSK7SPTVN1PROD with BILLS
(b) STATE REIMBURSEMENT.—Section 472(a)(4) of 
the Social Security Act (42 U.S.C. 672(a)(4)) is amended 
by inserting ‘‘, and if the child is an alien who has ob-
tained special immigrant juvenile status under section 
101(a)(27)(J) of the Immigration and Nationality Act and 
would have been qualified to receive aid under the State 
plan approved under section 402 of this Act in or for the 
month in which the agreement described in paragraph 
(2)(A)(i) of this subsection was entered into or court pro-
ceedings leading to the determination described in para-
graph (2)(A)(ii) of this subsection were initiated if the 
child had been a United States citizen, the child shall be 
considered to satisfy the requirements of paragraph (3) 
with respect to the month’’ before the period. 
SEC. 8. EFFECTIVE DATE. 
(a) IN GENERAL.—The amendments made by this 
Act, other than by section 7, shall take effect on 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 
quarters beginning on or after such date. 
(b) DELAY PERMITTED IF STATE LEGISLATION RE-
QUIRED.—In the case of a State plan approved under part 
E of title IV of the Social Security Act which the Secretary 
of Health and Human Services determines requires State 
legislation (other than legislation appropriating funds) in 
VerDate Mar 15 2010 
06:31 May 24, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2036.IH
H2036
jbell on DSK7SPTVN1PROD with BILLS
order for the plan to meet the additional requirements im-
posed by this Act, the State plan shall not be regarded 
as failing to comply with the requirements of such part 
solely on the basis of the failure of the plan to meet such 
additional requirements before the 1st day of the 1st cal-
endar quarter beginning after the close of the 1st regular 
session of the State legislature that ends after the 1-year 
period beginning with the date of the enactment of this 
Act. For purposes of the preceding sentence, in the case 
of a State that has a 2-year legislative session, each year 
of the session is deemed to be a separate regular session 
of the State legislature. 
Æ 
VerDate Mar 15 2010 
06:31 May 24, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H2036.IH
H2036
jbell on DSK7SPTVN1PROD with BILLS