the age of the alien is at issue. Such procedures shall per-
mit the presentation of multiple forms of evidence, includ-
ing testimony of the child, to determine the age of the 
unaccompanied alien for purposes of placement, custody, 
parole, and detention. Such procedures shall allow the ap-
peal of a determination to an immigration judge. 
(b) PROHIBITION ON SOLE MEANS OF DETERMINING 
AGE.—Neither radiographs nor the attestation of an alien 
shall be used as the sole means of determining age for 
the purposes of determining an alien’s eligibility for treat-
ment under section 462 of the Homeland Security Act of 
2002 (6 U.S.C. 279) or this Act. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to place the burden of proof in 
determining the age of an alien on the government. 
SEC. 106. EFFECTIVE DATE. 
This title shall take effect 90 days after the date of 
enactment of this Act.
TITLE II—ACCESS BY UNACCOM-
PANIED ALIEN CHILDREN TO 
GUARDIANS AD LITEM AND 
COUNSEL 
SEC. 201. GUARDIANS AD LITEM. 
(a) ESTABLISHMENT OF GUARDIAN AD LITEM PRO-
GRAM.—
(1) APPOINTMENT.—The Director may, in the 
Director’s discretion, appoint a guardian ad litem 
who meets the qualifications described in paragraph 
(2) for such child. The Director is encouraged, wher-
ever practicable, to contract with a voluntary agency 
for the selection of an individual to be appointed as 
a guardian ad litem under this paragraph.
(2) 
QUALIFICATIONS
OF
GUARDIAN
AD 
LITEM.—
(A) IN GENERAL.—No person shall serve 
as a guardian ad litem unless such person—
(i) is a child welfare professional or 
other individual who has received training 
in child welfare matters; and 
(ii) possesses special training on the 
nature of problems encountered by unac-
companied alien children. 
(B) PROHIBITION.—A guardian ad litem 
shall not be an employee of the Directorate, the 
Office, or the Executive Office for Immigration 
Review. 
(3) DUTIES.—The guardian ad litem shall—
(A) conduct interviews with the child in a 
manner that is appropriate, taking into account 
the child’s age;
(B) investigate the facts and circumstances 
relevant to such child’s presence in the United 
States, including facts and circumstances aris-
ing in the country of the child’s nationality or 
last habitual residence and facts and cir-
cumstances arising subsequent to the child’s de-
parture from such country; 
(C) work with counsel to identify the 
child’s eligibility for relief from removal or vol-
untary departure by sharing with counsel infor-
mation collected under subparagraph (B); 
(D) develop recommendations on issues 
relative to the child’s custody, detention, re-
lease, and repatriation; 
(E) take reasonable steps to ensure that 
the best interests of the child are promoted 
while the child participates in, or is subject to, 
proceedings or matters under the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.); 
(F) take reasonable steps to ensure that 
the child understands the nature of the legal 
proceedings or matters and determinations 
made by the court, and ensure that all informa-
tion is conveyed in an age-appropriate manner; 
and
(G) report factual findings relating to—
(i) information gathered pursuant to 
subparagraph (B); 
(ii) the care and placement of the 
child during the pendency of the pro-
ceedings or matters; and 
(iii) any other information gathered 
pursuant to subparagraph (D). 
(4) TERMINATION
OF
APPOINTMENT.—The 
guardian ad litem shall carry out the duties de-
scribed in paragraph (3) until—
(A) those duties are completed; 
(B) the child departs the United States; 
(C) the child is granted permanent resi-
dent status in the United States; 
(D) the child attains the age of 18; or
(E) the child is placed in the custody of a 
parent or legal guardian; 
whichever occurs first. 
(5) POWERS.—The guardian ad litem—
(A) shall have reasonable access to the 
child, including access while such child is being 
held in detention or in the care of a foster fam-
ily;
(B) shall be permitted to review all records 
and information relating to such proceedings 
that are not deemed privileged or classified; 
(C) may seek independent evaluations of 
the child; 
(D) shall be notified in advance of all hear-
ings or interviews involving the child that are 
held in connection with proceedings or matters 
under the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.), and shall be given a rea-
sonable opportunity to be present at such hear-
ings or interviews; 
(E) shall be permitted to consult with the 
child during any hearing or interview involving 
such child; and 
(F) shall be provided at least 24 hours ad-
vance notice of a transfer of that child to a dif-
ferent placement, absent compelling and un-
usual circumstances warranting the transfer of 
such child prior to notification. 
(b) TRAINING.—The Director shall provide profes-
sional training for all persons serving as guardians ad 
litem under this section in the—
(1) circumstances and conditions that unaccom-
panied alien children face; and
(2) various immigration benefits for which such 
alien child might be eligible. 
(c) PILOT PROGRAM.—
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Director 
shall establish and begin to carry out a pilot pro-
gram to test the implementation of subsection (a). 
(2) PURPOSE.—The purpose of the pilot pro-
gram established pursuant to paragraph (1) is to—
(A) study and assess the benefits of pro-
viding guardians ad litem to assist unaccom-
panied alien children involved in immigration 
proceedings or matters; 
(B) assess the most efficient and cost-ef-
fective means of implementing the guardian ad 
litem provisions in this section; and 
(C) assess the feasibility of implementing 
such provisions on a nationwide basis for all un-
accompanied alien children in the care of the 
Office. 
(3) SCOPE OF PROGRAM.—
(A) SELECTION
OF
SITE.—The Director 
shall select 3 sites in which to operate the pilot 
program established pursuant to paragraph (1).