procedures shall allow the appeal of a determination to
an immigration judge. Dental radiographs shall not be the
sole means of determining age.
SEC. 206. EFFECTIVE DATE.
This title shall become effective 180 days after the
date of enactment of this Act. The provisions of this title
shall apply to all unaccompanied children in the custody
of the Department of Justice on or after the date of enact-
ment of this Act.
TITLE 
III—ACCESS 
BY 
UNAC-
COMPANIED 
ALIEN 
CHIL-
DREN 
TO 
GUARDIANS 
AD
LITEM AND COUNSEL
SEC. 301. RIGHT OF UNACCOMPANIED ALIEN CHILDREN TO
GUARDIANS AD LITEM.
(a) GUARDIAN AD LITEM.—
(1) APPOINTMENT.—The Director shall appoint
a guardian ad litem who meets the qualifications de-
scribed in paragraph (2) for each unaccompanied
alien child not later than 72 hours after the Office
assumes physical or constructive custody of such
child. The Director is encouraged, wherever prac-
ticable, 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) No person shall serve as a guardian ad
litem who is not—
(i) a child welfare professional or
other individual who has received training
in child welfare matters; and
(ii) possessing of special training on
the nature of problems encountered by un-
accompanied alien children.
(B) A guardian ad litem shall not be an
employee of the Service.
(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) develop recommendations on whether it
is in the child’s best interests to voluntarily de-
part from the United States or apply for relief
from removal;
(D) develop recommendations on issues
relative to the child’s custody, detention, and
release;
(E) ensure that the child’s best interests
are promoted while the child participates in, or
is subject to, proceedings or actions under the
Immigration and Nationality Act;
(F) ensure that the child understands such
determinations and proceedings; and
(G) report findings and recommendations
to the Director and to the Executive Office of
Immigration Review.
(4) TERMINATION
OF
APPOINTMENT.—The
guardian ad litem shall carry out the duties de-
scribed in paragraph (3) until—
(A) they 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 at all times, including while such child is
being held in detention or in the care of a foster
family;
(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 present at all hearings involv-
ing the child that are held in connection with
proceedings under the Immigration and Nation-
ality Act; and
(E) shall be permitted to consult with the
child during any hearing or interview involving
such child.
(b) TRAINING.—The Director shall provide profes-
sional training for all persons serving as guardians ad
litem under this section in the circumstances and condi-
tions that unaccompanied alien children face as well as
in the various immigration benefits for which such a child
might be eligible.
SEC. 302. RIGHT OF UNACCOMPANIED ALIEN CHILDREN TO
COUNSEL.
(a) ACCESS TO COUNSEL.—The Director shall ensure
that all unaccompanied alien children shall have counsel,
including, if necessary, counsel appointed by the Director
at the expense of the Government.
(b) APPOINTMENT.—In appointing such counsel, the
Director is encouraged, wherever practicable, to contract
with legal service providers with expertise in meeting the
legal needs of unaccompanied alien children in immigra-
tion proceedings.
(c) DUTIES.—Counsel shall represent the unaccom-
panied alien child in all proceedings and actions relating
to the child’s immigration status or other actions involving
the Service.
(d) ACCESS TO CHILD.—Counsel shall have access to
the unaccompanied alien child, including while the child
is being held in detention or in the care of a foster family.
(e) TERMINATION OF APPOINTMENT.—Counsel shall
carry out the duties described in subsection (c) until—
(1) they are completed,
(2) the child departs the United States,
(3) the child is granted withholding of removal
under section 241(b)(3) of the Immigration and Na-
tionality Act,
(4) the child is granted protection under the
Convention Against Torture,
(5) the child is granted asylum in the United
States under section 208 of the Immigration and
Nationality Act,
(6) the child is granted permanent resident sta-
tus in the United States, or
(7) the child attains 18 years of age,
whichever occurs first.
(f) NOTICE TO COUNSEL DURING IMMIGRATION PRO-
CEEDINGS.—
(1) Except when otherwise required in an emer-
gency situation involving the physical safety of the
child, counsel shall be given prompt and adequate
notice of all immigration matters affecting or involv-
ing an unaccompanied alien child, including adju-
dications, proceedings, and processing, before such
actions are taken.
(2) An unaccompanied alien child may not give
consent to any immigration action, including con-
senting to voluntary departure, unless first afforded
an opportunity to consult with counsel.
(g) ACCESS TO RECOMMENDATIONS OF GUARDIAN
AD LITEM.—Counsel shall be afforded an opportunity to
review the recommendation by the guardian ad litem af-