(D) An individual or entity designated by 
the parent or legal guardian that is capable and 
willing to care for the well-being of the child. 
(E) A State-licensed juvenile shelter, group 
home, or foster care program willing to accept 
physical custody of the child. 
(F) A qualified adult or entity seeking cus-
tody of the child when it appears that there is 
no other likely alternative to long-term deten-
tion and family reunification does not appear to 
be a reasonable alternative. For purposes of 
this subparagraph, the Office shall decide who 
is a qualified adult or entity and promulgate 
regulations in accordance with such decision. 
(2) 
SUITABILITY
ASSESSMENT.—Notwith-
standing paragraph (1), no unaccompanied alien 
child shall be placed with a person or entity unless 
a valid suitability assessment conducted by an agen-
cy of the State of the child’s proposed residence, by 
an agency authorized by that State to conduct such 
an assessment, or by an appropriate voluntary agen-
cy contracted with the Office to conduct such assess-
ments, has found that the person or entity is capable 
of providing for the child’s physical and mental well-
being.
(3) RIGHT OF PARENT OR LEGAL GUARDIAN TO 
CUSTODY OF UNACCOMPANIED ALIEN CHILD.—
(A) PLACEMENT WITH PARENT OR LEGAL 
GUARDIAN.—If an unaccompanied alien child is 
placed with any person or entity other than a 
parent or legal guardian, and subsequent to 
that placement a parent or legal guardian seeks 
to establish custody, the Director shall—
(i) assess the suitability of placing the 
child with the parent or legal guardian; 
and 
(ii) make a written determination on 
the child’s placement within 30 days. 
(B) RULE OF CONSTRUCTION.—Nothing in 
this Act shall be construed to—
(i) supersede obligations under any 
treaty or other international agreement to 
which the United States is a party, includ-
ing The Hague Convention on the Civil As-
pects of International Child Abduction, the 
Vienna Declaration and Program of Ac-
tion, and the Declaration of the Rights of 
the Child; or 
(ii) limit any right or remedy under 
such international agreement.
(4) PROTECTION FROM SMUGGLERS AND TRAF-
FICKERS.—
(A) POLICIES AND PROGRAMS.—
(i) IN GENERAL.—The Director shall 
establish policies and programs to ensure 
that unaccompanied alien children are pro-
tected from smugglers, traffickers, or other 
persons seeking to victimize or otherwise 
engage such children in criminal, harmful, 
or exploitative activity. 
(ii) WITNESS PROTECTION PROGRAMS 
INCLUDED.—Programs established pursu-
ant to clause (i) may include witness pro-
tection programs. 
(B) CRIMINAL INVESTIGATIONS AND PROS-
ECUTIONS.—Any officer or employee of the Of-
fice or the Department of Homeland Security, 
and any grantee or contractor of the Office, 
who suspects any individual of involvement in 
any activity described in subparagraph (A) shall 
report such individual to Federal or State pros-
ecutors for criminal investigation and prosecu-
tion. 
(C) DISCIPLINARY ACTION.—Any officer or 
employee of the Office or the Department of
Homeland Security, and any grantee or con-
tractor of the Office, who suspects an attorney 
of involvement in any activity described in sub-
paragraph (A) shall report the individual to the 
State bar association of which the attorney is a 
member, or to other appropriate disciplinary 
authorities, for appropriate disciplinary action, 
which may include private or public admonition 
or censure, suspension, or disbarment of the at-
torney from the practice of law. 
(5) GRANTS
AND
CONTRACTS.—The Director 
may award grants to, and enter into contracts with, 
voluntary agencies to carry out this section or sec-
tion 462 of the Homeland Security Act of 2002 (6 
U.S.C. 279). 
(6) REIMBURSEMENT OF STATE EXPENSES.—
The Director may reimburse States for any expenses 
they incur in providing assistance to unaccompanied 
alien children who are served pursuant to this Act 
or section 462 of the Homeland Security Act of 
2002 (6 U.S.C. 279). 
(b) CONFIDENTIALITY.—All information obtained by 
the Office relating to the immigration status of a person 
described in subparagraphs (A), (B), and (C) of sub-
section (a)(1) shall remain confidential and may be used