I 
115TH CONGRESS 
2D SESSION 
H. R. 5414 
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 discre-
tion 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 immigra-
tion proceeding, unless certain conditions have been met, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 26, 2018 
Ms. ROYBAL-ALLARD (for herself and Mrs. TORRES) 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 dis-
qualify 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 pro-
ceeding, unless certain conditions have been met, and 
for other purposes. 
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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 ‘‘Help Separated Fami-
lies Act of 2018’’. 
SEC. 2. IMMIGRATION STATUS ALONE NOT A DISQUALI-
FICATION FROM BEING A PLACEMENT FOR A 
FOSTER CHILD. 
Section 471(a)(19) of the Social Security Act (42 
U.S.C. 671(a)(19)) is amended— 
(1) by striking ‘‘(19) provides that the State’’ 
and inserting the following: 
‘‘(19) provides that— 
‘‘(A) the State’’; 
(2) by adding at the end the following: ‘‘and’’; 
and 
(3) by adding after and below the end the fol-
lowing: 
‘‘(B) such standards shall ensure that the 
immigration status alone of a parent, legal 
guardian, or relative shall not disqualify the 
parent, legal guardian, or relative from being a 
placement for a child;’’. 
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SEC. 4. STATE PLAN REQUIREMENT TO NOTIFY RELATIVES 
SEEKING PLACEMENT OF A CHILD THAT 
THEIR IMMIGRATION STATUS WILL NOT BE 
QUESTIONED. 
Section 471(a)(29) of the Social Security Act (42 
U.S.C. 671(a)(29)) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (C); 
(2) by adding ‘‘and’’ at the end of subpara-
graph (D); and 
(3) by adding at the end the following: 
‘‘(E) the immigration status of any such 
relative seeking placement of the child with the 
relative shall not be questioned, except to the 
extent necessary in determining eligibility for 
relevant services or programs;’’. 
SEC. 5. AUTHORIZE STATE DISCRETION TO DELAY FILING 
FOR TERMINATION OF PARENTAL RIGHTS IN 
FOSTER CARE CASES IN WHICH OTHERWISE 
FIT AND WILLING PARENT OR LEGAL GUARD-
IAN HAS BEEN REMOVED OR IS INVOLVED IN 
AN 
IMMIGRATION 
PROCEEDING, 
UNLESS 
CERTAIN CONDITIONS HAVE BEEN MET. 
Section 475(5)(E)(ii) of the Social Security Act (42 
U.S.C. 675(5)(E)(ii)) is amended by striking ‘‘; or’’ and 
inserting the following: ‘‘and a compelling reason in sec-
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tion 475(5)(E) for the State to not file (or join in the 
filing of such a petition) shall include the removal of the 
parent from the United States or the involvement of the 
parent in (including detention pursuant to) an immigra-
tion proceeding, unless the parent is unfit or unwilling to 
be a parent of the child. Before a State may file to termi-
nate the parental rights under such section 475(5)(E), the 
State (or the county or other political subdivision of the 
State, as the case may be) shall make reasonable efforts— 
’’ 
‘‘(I) to identify, locate, and con-
tact 
(including, 
if 
appropriate, 
through the diplomatic or consular of-
fices of the country to which the par-
ent was removed or a parent or rel-
ative resides) any parent of the child, 
who has been removed from the 
United States, and where possible, 
any potential adult relative of the 
child 
(as 
described 
in 
section 
471(a)(29)); 
‘‘(II) to notify such a parent or 
legal guardian of the intent of the 
State (or the county or other political 
subdivision of the State, as applicable) 
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to file (or join in the filing of) such a 
petition; 
‘‘(III) to reunify the child with 
any such parent or legal guardian; 
and 
‘‘(IV) provide and document ap-
propriate services to the parent or 
legal guardian; or’’. 
SEC. 6. CHILD WELFARE SERVICES FOR CHILDREN SEPA-
RATED FROM PARENTS DETAINED OR RE-
MOVED FROM THE UNITED STATES FOR IM-
MIGRATION VIOLATIONS. 
(a) STATE PLAN REQUIREMENTS.—Section 471(a) 
of the Social Security Act (42 U.S.C. 671(a)) is amend-
ed— 
(1) by striking ‘‘and’’ at the end of paragraph 
(34); 
(2) by striking the period at the end of para-
graph (35) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(36) provides that the State shall— 
‘‘(A) ensure that the case manager for a 
separated child is capable of communicating in 
the native language of such child and of the 
family of such child, or an interpreter who is so 
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capable is provided to communicate with such 
child and the family of such child at no cost to 
the child or the family of such child; 
‘‘(B) coordinate with the Department of 
Homeland Security to make every effort to en-
sure that parents who wish for their child to ac-
company them to their country of origin are 
given adequate time and assistance to obtain a 
passport and visa, and to collect all relevant 
vital documents such as birth certificate, health, 
and educational records, and other information; 
‘‘(C) preserve, to the greatest extent pos-
sible, the privacy and confidentiality of all infor-
mation gathered in the course of administering 
the care, custody, and placement of, and follow- 
up services provided to, a separated child, con-
sistent with the best interest of such child, by 
not disclosing such information to other govern-
ment agencies or persons (other than a parent, 
legal guardian, or relative caregiver of such 
child), except that the head of the State agency 
(or the county or other political subdivision of 
the State, as applicable) may disclose such in-
formation, after placing a written record of the 
disclosure in the file of the child— 
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‘‘(i) to a consular official for the pur-
pose of reunification of a child with a par-
ent, legal guardian, or relative caregiver 
who has been removed or is involved in an 
immigration proceeding, unless the child, 
or their parent, legal guardian, or relative 
has refused contact with, or the sharing of 
personal or identifying information with, 
the government of their country of origin; 
or 
‘‘(ii) when authorized to do so by the 
child (if the child has attained 18 years of 
age) if the disclosure is consistent with the 
best interest of the child; and 
‘‘(D) not less frequently than annually, 
compile, update, and publish a list of entities in 
the State that are qualified to provide legal rep-
resentation services for a separated child, in a 
language such that a child can read and under-
stand.’’. 
(b) ADDITIONAL INFORMATION TO BE INCLUDED IN 
CASE PLAN.—Section 475(1) of such Act (42 U.S.C. 
675(1)) is amended by adding at the end the following: 
‘‘(H) In the case of a separated child with 
respect to whom the State plan requires the 
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