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 2013’’. 
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’’; and 
(2) 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. 3. STATE PLAN REQUIREMENT TO ACCEPT CERTAIN 
DOCUMENTS ISSUED BY FOREIGN ENTITIES 
AS SUFFICIENT IDENTIFICATION FOR PUR-
POSES OF INITIATING A CRIMINAL RECORDS 
CHECK OR A FINGERPRINT-BASED CHECK. 
Section 471(a)(20) of the Social Security Act (42 
U.S.C. 671(a)(20)) is amended— 
(1) in subparagraph (A), by inserting ‘‘which 
procedures shall require the State (including the 
State agency, the child welfare agency of any county 
or other political subdivision of the State, and case-
workers and supervisors of any such agency) to ac-
cept a foreign consulate identification card, a foreign 
passport, or such other foreign identification docu-
ment as may be allowed in regulations prescribed by 
the Secretary, as sufficient identification for pur-
poses of initiating a criminal records check or a fin-
gerprint-based check,’’ before ‘‘including proce-
dures’’; and 
(2) in subparagraph (C), by inserting ‘‘, which 
procedures shall require the State (including the 
State agency, the child welfare agency of any county 
or other political subdivision of the State, and case-
workers and supervisors of any such agency) to ac-
cept a foreign consulate identification card, a foreign 
passport, or such other foreign identification docu-
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ment as may be allowed in regulations prescribed by 
the Secretary, as sufficient identification for pur-
poses of initiating a criminal records check or a fin-
gerprint-based check’’ before the semicolon. 
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;’’. 
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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 RELATIVE HAS 
BEEN REMOVED OR IS INVOLVED IN AN IMMI-
GRATION PROCEEDING, UNLESS CERTAIN 
CONDITIONS HAVE BEEN MET. 
Section 475(5)(E) of the Social Security Act (42 
U.S.C. 675(5)(E)) is amended by striking ‘‘; or’’ and in-
serting the following: ‘‘and a compelling reason in section 
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 immigration pro-
ceeding, unless the parent is unfit or unwilling to be a 
parent of the child. Before a State may file to terminate 
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, 
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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 
relative of the intent of the State (or 
the county or other political subdivi-
sion of the State, as applicable) to file 
(or join in the filing of) such a peti-
tion; 
‘‘(III) to reunify the child with 
any such parent or relative; and 
‘‘(IV) provide and document ap-
propriate services to the parent or rel-
ative; or’’. 
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SEC. 6. REQUIREMENT OF THE DEPARTMENT OF HEALTH 
AND HUMAN SERVICES TO PROVIDE GUID-
ANCE ON BEST PRACTICES FOR ESTAB-
LISHING MEMORANDUM OF UNDERSTANDING 
OR 
AGREEMENTS 
WITH 
FOREIGN 
CON-
SULATES IN JUVENILE COURT CASES IN-
VOLVING IMMIGRANT CHILDREN OR CHIL-
DREN OF IMMIGRANTS IN FOSTER CARE AND 
FOR OTHER PURPOSES. 
The Secretary of Health and Human Services, in con-
sultation with the Secretary of Homeland Security, the 
Secretary of State, and immigration, international law, 
and child welfare experts, shall develop and disseminate 
to State, county, and local child welfare agencies best 
practice guidance that takes into account the best interest 
of the child, including a preference for family unity when-
ever appropriate, on the following: 
(1) Establishing memoranda of understanding 
or agreements with foreign consulates in juvenile 
and family court cases, including procedures for con-
tacting a consulate and protections affording foreign 
nationals the right to refuse contact with, or the 
sharing of personal or identifying information with, 
the government of their country of origin. 
(2) Facilitating collection of children’s nec-
essary legal documents prior to reunification with a 
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parent, legal guardian, or relative caregiver abroad, 
including but not limited to passports and apostilled 
birth certificates, health, and school records. 
(3) Locating and notifying a detained parent, 
legal guardian, or appropriate relative caregiver, and 
assisting in family reunification efforts prior to or 
after a parent’s removal. 
(4) Aiding the safe transfer of a child to the 
parent’s, legal guardian’s, or relative caregiver’s 
country of residence. 
(5) Communicating with relevant departments 
and service providers in a parent’s, legal guardian’s, 
or relative caregiver’s country of origin to arrange 
necessary placement and reunification services, in-
cluding but not limited to home studies, background 
checks, and collection of necessary legal documents. 
(6) Assisting a detained or deported parent, 
legal guardian, or relative caregiver in meeting child 
welfare case plan requirements, facilitating their 
participation in family court hearings, and arranging 
supervised visitations within the United States, 
abroad, and at border facilities when appropriate. 
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SEC. 7. 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 
(32); 
(2) by striking the period at the end of para-
graph (33) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(34) 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 
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 
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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 or 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— 
‘‘(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 
has refused contact with, or the sharing of 
personal or identifying information with, 
the government of their country of origin; 
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‘‘(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; or 
‘‘(iii) to a law enforcement agency if 
the disclosure would prevent imminent and 
serious harm to another individual; 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 
State to provide services pursuant to section 16 
471(a)(34)— 
‘‘(i) the location of the parent or legal 
guardian referred to in paragraph (9)(A) 
of this subsection from whom the child has 
been separated; and 
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‘‘(ii) a written record of each disclo-
sure to a government agency or person 
(other than such a parent or legal guard-
ian) of information gathered in the course 
of tracking the care, custody, and place-
ment of, and follow-up services provided to, 
the child.’’. 
(c) SEPARATED CHILD DEFINED.—Section 475 of 
such Act (42 U.S.C. 675) is amended by adding at the 
end the following: 
‘‘(9) The term ‘separated child’ means an indi-
vidual who— 
‘‘(A) has a parent or legal guardian who 
has been detained by a Federal, State, or local 
law enforcement agency in the enforcement of 
an immigration law, or removed from the 
United States as a result of a violation of such 
a law; and 
‘‘(B) is in the care or supervision of a 
State.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the first day of the first 
calendar quarter that begins after the 1-year period that 
begins with the date of the enactment of this Act. 
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SEC. 8. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as otherwise provided in 
this Act, the amendments made by this Act shall take ef-
fect on the first day of the first fiscal year beginning on 
or after 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 calendar quarters beginning on or after 
such date. 
(b) DELAY PERMITTED IF STATE LEGISLATION RE-
QUIRED.—If the Secretary of Health and Human Services 
determines that State legislation (other than legislation 
appropriating funds) is required in order for a State plan 
approved under part E of title IV of the Social Security 
Act to meet the additional requirements imposed by the 
amendments made by this Act, the plan shall not be re-
garded as failing to meet any of the additional require-
ments before the first day of the first calendar quarter 
beginning after the first regular session of the State legis-
lature that begins after the date of the enactment of this 
Act. For purposes of the preceding sentence, if the State 
has a 2-year legislative session, each year of the session 
is deemed to be a separate regular session of the State 
legislature. 
Æ 
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