(b) PHASEOUT.— 
(1) IN GENERAL.—Beginning on the date that 
is 2 years after the date of the enactment of this 
Act— 
(A) the Director may not place an unac-
companied noncitizen child in a large con-
gregate care facility; and 
(B) no Federal funds shall be made avail-
able for the purpose of— 
(i) housing an unaccompanied noncit-
izen child in such a facility; or 
(ii) placing an unaccompanied noncit-
izen child in any congregate care facility 
for a period longer than 14 days. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to any of the following: 
(A) An influx facility. 
(B) A setting specializing in prenatal, 
postpartum, or parenting support for youth. 
(C) A supervised independent living setting 
under the post-18 program described in section 
243(c). 
(D) A program addressing the needs of 
victims of trafficking. 
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(E) A qualified residential treatment pro-
gram specifically designed to meet the needs of 
a child with serious emotional or behavioral 
health needs. 
(c) PLAN REQUIRED.— 
(1) IN GENERAL.—The Director shall develop a 
plan to eliminate the use of large congregate care fa-
cilities by the date that is 2 years after the date of 
the enactment of this Act. 
(2) ELEMENTS.—The plan required by para-
graph (1) shall include the following: 
(A) Specific measures the Director will 
take to eliminate the use of such facilities. 
(B) Performance benchmarks that require 
the Director to place unaccompanied noncitizen 
children in compliant congregate care facilities 
as follows: 
(i) 25 percent of such children not 
later than the date that is 1 year after the 
date of the enactment of this Act. 
(ii) 75 percent of such children not 
later than 545 days after such date of en-
actment. 
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(iii) 100 percent of such children not 
later than 2 years after such date of enact-
ment. 
(3) SUBMITTAL TO CONGRESS.—Not later than 
90 days after the date of the enactment of this Act, 
the Director shall submit to Congress the plan devel-
oped under paragraph (1). 
(d) TRANSITIONAL
SUPPORT
FOR
NONGOVERN-
MENTAL ORGANIZATIONS.—To the extent that the transi-
tion to childcare facilities housing 25 unaccompanied non-
citizen children or fewer affects nongovernmental organi-
zations that provide services to such children, the Director 
shall increase funding to such organizations— 
(1) to prevent a disruption or decrease in serv-
ices; 
(2) to establish centralized locations for unac-
companied noncitizen children to receive services 
from such organizations; and 
(3) to increase funding for representation of re-
leased children. 
SEC. 222. LEAST RESTRICTIVE SETTING. 
An unaccompanied noncitizen child in the custody of 
the Secretary shall be placed in the least restrictive setting 
that most approximates a family and in which the child’s 
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special needs, if any, may be met consistent with the best 
interests and special needs of the child. 
SEC. 223. FOSTER FAMILY CARE. 
(a) PREFERENCE FOR FOSTER FAMILY CARE.— 
(1) IN GENERAL.—With respect to an unaccom-
panied noncitizen child in the custody of the Sec-
retary, the Director shall make active efforts to 
place the child in the least restrictive setting that 
most approximates a family and in which the child’s 
special needs, if any, may be met. 
(2) ADDITIONAL
CONSIDERATION.—Such an 
unaccompanied noncitizen child shall be placed with-
in reasonable proximity to the location of the child’s 
immigration proceedings, taking into account any 
special needs of the child before placing the child in 
a childcare facility. 
(b) TRANSITIONAL FOSTER CARE.— 
(1) IN GENERAL.—An unaccompanied noncit-
izen child whose length of care in the custody of the 
Secretary is anticipated to be not more than 30 days 
shall be eligible for a transitional foster care place-
ment in a family home licensed to provide such 
shorter term care. 
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(2) PRIORITY.—The Director shall prioritize for 
placement in transitional foster care the following 
categories of unaccompanied noncitizen children: 
(A) Unaccompanied noncitizen children 
under 13 years of age. 
(B) Sibling groups with 1 or more siblings 
who are under 13 years of age. 
(C) Unaccompanied noncitizen children 
who are pregnant or parenting. 
(D) Unaccompanied noncitizen children 
with special needs, including any unaccom-
panied noncitizen child with a disability. 
(c) STAYS EXPECTED TO EXTEND MORE THAN 30 
DAYS.— 
(1) IN GENERAL.—An unaccompanied noncit-
izen child whose length of care in the custody of the 
Secretary is anticipated to be more than 30 days, or 
a noncitizen who entered the custody of the Sec-
retary as a child and who has reached the age of 18 
years, shall be eligible for a long-term foster care 
placement in the least restrictive setting that most 
approximates a family and in which the child’s best 
interests and any special needs may be met. 
(2) CONTRACTING
REQUIREMENTS.—The Di-
rector shall— 
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(A) seek to enter into 1 or more contracts 
with State-licensed foster care providers for the 
provision of long-term foster care placements 
for all eligible unaccompanied noncitizen chil-
dren; and 
(B) ensure that such providers accept un-
accompanied noncitizen children for placement 
in a timely manner. 
(d) ACCESS TO FOSTER CARE FOR CHILDREN WITH 
DISABILITIES
OR MENTAL
OR BEHAVIORAL HEALTH- 
RELATED NEEDS.— 
(1) IN GENERAL.—The Director shall— 
(A) ensure access to transitional and long- 
term foster care placements for unaccompanied 
noncitizen children notwithstanding— 
(i) disabilities; 
(ii) behavioral concerns or involvement 
in the juvenile justice system; 
(iii) prior incident reports; or 
(iv) prior or current restrictive place-
ments (as defined in section 226); and 
(B) seek to enter into 1 or more contracts 
with foster care providers that have the docu-
mented capacity and commitment to accept 
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children regardless of disabilities or mental or 
behavioral health-related needs. 
(2) EQUAL ACCESS.— 
(A) IN
GENERAL.—An unaccompanied 
noncitizen child with mental or behavioral 
health-related needs who does not pose a docu-
mented, imminent threat to himself or herself, 
to others, or to the community shall be eligible 
for, and shall be provided equal access to, a fos-
ter care placement. 
(B) ELIGIBILITY FOR TRANSFER.—If such 
a child is in a restrictive placement, he or she 
shall be eligible for direct transfer to a foster 
care placement. 
(3) LIMITATION
ON
REFUSAL
OF
PLACE-
MENT.—A State-licensed program that operates a 
childcare facility may not refuse placement of an un-
accompanied noncitizen child based on a disability or 
a mental or behavioral health-related need absent in-
dividualized documentation that— 
(A) State licensing requirements bar ac-
ceptance of the specific unaccompanied noncit-
izen child based on the child’s individual needs; 
and 
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(B) a request for a variance from such a 
requirement has been denied or is unavailable 
under State law. 
(e) BACKGROUND CHECKS.— 
(1) IN GENERAL.—The Director shall ensure 
that a Federal Bureau of Investigation background 
check and, in any applicable State, a child abuse or 
neglect registry check, has been conducted for each 
resident of a foster care placement for an unaccom-
panied noncitizen child. 
(2) LIMITATION ON DENIAL OF PLACEMENT.— 
A criminal history of a resident of a potential foster 
care placement shall not be the basis for a denial of 
the foster care placement for an unaccompanied 
noncitizen child unless the Director demonstrates 
that such history— 
(A) includes a conviction for child abuse or 
trafficking; or 
(B)(i) is less than 10 years old; and 
(ii) has a direct and immediate impact on 
the safety of the unaccompanied noncitizen 
child. 
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SEC. 224. ADDITIONAL REQUIREMENTS RELATING TO CHIL-
DREN WITH DISABILITIES AND CHILDREN 
WITH MENTAL HEALTH NEEDS. 
(a) PRIORITIZATION
OF RELEASE.—The Director 
shall prioritize the release to sponsors of unaccompanied 
noncitizen children with disabilities so that such children 
may receive, in the community rather than in immigration 
custody, evidence-based, trauma-informed services tailored 
to their needs. 
(b) ACCESS TO SERVICES WHILE IN CUSTODY.—In 
the case of an unaccompanied noncitizen child with dis-
abilities who cannot be expeditiously released, the Director 
shall provide access to any necessary service in the least 
restrictive integrated setting possible until a family-based 
placement is secured. 
(c) SUPPORT.—The Director shall support unaccom-
panied noncitizen children with disabilities by— 
(1) contracting with a range of placements so 
as to ensure that integrated settings are available 
for such children; 
(2) providing resources to support placement, 
such as by connecting providers with community- 
based services or assisting with licensing variances; 
and 
(3) developing and delivering trauma-informed 
disability-related training to all frontline care pro-
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vider staff, in collaboration with stakeholders who 
have expertise in serving children with disabilities. 
(d) NETWORK CAPACITY.—Not less than 75 percent 
of all childcare facilities and foster care placements shall 
have appropriate State licensing and documented capa-
bility to house unaccompanied noncitizen children with 
disabilities. 
SEC. 225. MINIMIZING TRANSFERS. 
(a) IN GENERAL.—The Director shall— 
(1) minimize transfers of unaccompanied non-
citizen children among childcare facilities and be-
tween short-term and long-term foster care place-
ments; and 
(2) ensure that— 
(A) the Ombudsperson tracks any third or 
subsequent transfer of a child between childcare 
facilities or placements; 
(B) unaccompanied noncitizen children re-
main in the least restrictive settings that most 
approximate a family; and 
(C) unaccompanied noncitizen children who 
are siblings are housed together in the same 
childcare facility unless there is an extraor-
dinary need for specialized care, such as inpa-
tient health care services. 
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(b) NOTICE.— 
(1) IN GENERAL.—In the case of an unaccom-
panied noncitizen child who is transferred to another 
childcare facility or foster family home placement, 
not less than 48 hours before the transfer occurs, 
the Director shall— 
(A) notify the child in a language and for-
mat the child understands; and 
(B) notify and provide a justification for 
the transfer to the child’s sponsor, legal counsel 
or local legal services provider, and child advo-
cate, as applicable. 
(2) EXCEPTION.— 
(A) IN GENERAL.—Paragraph (1) shall not 
apply in an unusual and compelling cir-
cumstance, such as— 
(i) a circumstance in which— 
(I) the safety of the unaccom-
panied noncitizen child or any other 
individual is threatened; or 
(II) the child has previously at-
tempted to abscond from custody; or 
(ii) a case in which the unaccom-
panied noncitizen child’s legal counsel has 
waived notice under that paragraph. 
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(B) NOTICE
AFTER
TRANSFER.—In the 
case of a circumstance or waiver described in 
subparagraph (A), notice shall be provided to 
the unaccompanied noncitizen child’s legal 
counsel or local legal services provider, and 
child advocate, as applicable, not later than 24 
hours after the transfer. 
(c) POSSESSIONS AND LEGAL PAPERS.—The Direc-
tor shall ensure that any unaccompanied noncitizen child 
is transferred with all of his or her possessions and legal 
papers. 
SEC. 226. RESTRICTIVE PLACEMENTS. 
(a) DEFINITIONS.—In this section: 
(1) RESTRICTIVE PLACEMENT.—The term ‘‘re-
strictive placement’’ means— 
(A) a staff-secure facility; 
(B) a therapeutic staff-secure facility; and 
(C) a placement in any setting other than 
a childcare facility, an influx facility, or licensed 
foster care placement. 
(2) THERAPEUTIC CHILDCARE FACILITY.—The 
term ‘‘therapeutic childcare facility’’ means a— 
(A) congregate care facility for the purpose 
of rehabilitation or residential treatment; and 
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(B) an out-of-network facility or group 
home the staff of which has specialized training 
to care for children and adolescents with signifi-
cant emotional, behavioral, social or medical 
needs. 
(b) PLACEMENT REVIEW HEARINGS FOR TRANSFERS 
TO RESTRICTIVE PLACEMENTS.— 
(1) IN GENERAL.—In the case of the transfer 
of an unaccompanied noncitizen child to a restrictive 
placement, the Director shall provide an administra-
tive placement review hearing conducted in accord-
ance with sections 554 through 557 of title 5, 
United States Code. 
(2) NOTICE.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Director shall provide 
written notice of intent to transfer an unaccom-
panied noncitizen child to a restrictive place-
ment to the child concerned and the child’s 
legal counsel and child advocate. 
(B) 
EXCEPTION.—The 
Director 
may 
transfer an unaccompanied noncitizen child to a 
restrictive placement without providing notice 
under subparagraph (A) only if the Director 
has a reasonable belief, based on clearly 
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articulable facts, that the child is a present, im-
minent danger to himself or herself or to oth-
ers. 
(C) ELEMENTS.—A notice required by 
subparagraph (A) shall include, in a language 
and format the unaccompanied noncitizen child 
understands, the following: 
(i) The time, date, and location of the 
hearing under paragraph (1). 
(ii) A description of the individualized 
allegations relied on by the Director in 
support of such transfer, including all sup-
porting evidence. 
(iii) An explanation that the unaccom-
panied noncitizen child— 
(I) has a right to contest such 
transfer at such hearing; and 
(II) may submit additional evi-
dence, including witness testimony. 
(3) TIMING
OF
HEARING.—A hearing under 
this subsection shall occur not less than— 
(A) 72 hours after the unaccompanied 
noncitizen child concerned receives notice under 
paragraph (2); and 
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(B) 5 business days before the transfer to 
the restrictive placement is scheduled to occur. 
(4) PROCEDURAL MATTERS.— 
(A) NEUTRAL FACT FINDER.—A hearing 
under this subsection shall be presided over by 
a neutral fact finder who— 
(i) is not an employee of the Office of 
Refugee Resettlement; and 
(ii) has expertise in child welfare. 
(B) RIGHTS OF CHILD.— 
(i) IN GENERAL.—At a hearing under 
this subsection, an unaccompanied noncit-
izen child shall have— 
(I) the right to counsel; and 
(II) the right and opportunity to 
confront, inspect, and rebut the evi-
dence alleged to justify the transfer to 
a restrictive placement. 
(ii) WAIVER OF PRESENCE.—With the 
assistance of counsel, an unaccompanied 
noncitizen child may wave his or her pres-
ence at a hearing under this subsection. 
(C) AVAILABILITY OF OFFICE OF REFUGEE 
RESETTLEMENT RECORDS.—The Director shall 
disclose to the unaccompanied noncitizen child 
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concerned and the legal counsel and child advo-
cate of the child, as applicable, the child’s entire 
case file and all evidence supporting the deter-
mination to transfer the child to a restrictive 
placement— 
(i) not later than 24 hours after such 
determination is made; and 
(ii) not less than 2 days before the 
date of the hearing under this subsection. 
(D) INTERPRETATION SERVICES.—An in-
terpreter in the preferred language of the unac-
companied noncitizen child shall be made avail-
able for a hearing under this subsection. 
(E) 
BURDENS
OF
PRODUCTION
AND 
PROOF.—The Director shall have the burden of 
production and the burden of proof, by clear 
and convincing evidence, to prove that— 
(i) the unaccompanied noncitizen child 
is a present danger to himself or herself or 
to others; 
(ii) a restrictive placement is con-
sistent with the best interests of the child; 
(iii) there is no viable alternative to a 
restrictive placement to ensure the best in-
terests of the child; and 
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(iv) the child’s placement in a facility 
that is not a restrictive placement would 
not provide the services or resources nec-
essary. 
(F) 
RECORD
OF
PROCEEDINGS.—The 
record of proceedings for a hearing under this 
subsection, and all related documentation— 
(i) shall be maintained separately and 
apart from the unaccompanied noncitizen 
child’s immigration file (commonly called 
the ‘‘A-File’’); and 
(ii) shall not form any part of, and 
shall not be relied upon, in any removal 
proceedings or any adjudication carried out 
by U.S. Citizenship and Immigration Serv-
ices, including with respect to final deci-
sions and discretionary factors. 
(5) WRITTEN DECISION.— 
(A) IN GENERAL.—Not later than 2 busi-
ness days before the date on which the unac-
companied noncitizen child concerned is sched-
uled to be transferred to a restrictive place-
ment, the fact finder shall issue a written deci-
sion approving or denying such transfer, which 
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shall be binding on the Office of Refugee Reset-
tlement. 
(B) CONSIDERATION OF BEST INTEREST 
RECOMMENDATION.—In making a decision on 
such a transfer, the fact finder shall consider, 
and respond in writing to, the recommendation 
of the child advocate of the unaccompanied non-
citizen child concerned. 
(C) ELEMENTS.—A written decision under 
this paragraph shall— 
(i) set forth a detailed, specific, and 
individualized justification for the decision; 
and 
(ii) notify the unaccompanied noncit-
izen child of the child’s— 
(I) right to placement review 
hearings under subsection (e); 
(II) right to seek review of the 
decision by the Ombudsperson under 
paragraph (6); and 
(III) right to seek judicial review 
of the decision. 
(D) LANGUAGE
ACCESS.—The decision 
shall be made available in a language and in a 
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format the unaccompanied noncitizen child un-
derstands. 
(E) SUBMISSION
TO
OMBUDSPERSON.— 
Not later than 72 hours after a decision in a 
placement review hearing is issued under this 
paragraph, the fact finder shall submit the deci-
sion to the Ombudsperson. 
(6) REVIEW BY OMBUDSPERSON.— 
(A) IN GENERAL.—On request by an unac-
companied noncitizen child or the legal counsel 
or 
child 
advocate 
of 
the 
child, 
the 
Ombudsperson shall carry out a review of a de-
cision under paragraph (5), which shall be com-
pleted not later than 15 days after the date on 
which the request for review is made. 
(B) RECOMMENDATION.— 
(i) IN GENERAL.—In carrying out a 
review 
under 
this 
paragraph, 
the 
Ombudsperson may make a recommenda-
tion with respect to whether such decision 
should be modified. 
(ii) FINDING
OF
ERRONEOUS
DECI-
SION.— 
(I) 
IN
GENERAL.—If 
the 
Ombudsperson determines that the 
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decision under paragraph (5) was er-
roneous, the Ombudsperson shall sub-
mit to the Director a recommendation 
for further action. 
(II) WRITTEN STATEMENT.— 
(aa) IN
GENERAL.—If the 
Director declines to follow the 
recommendation 
of 
the 
Ombudsperson, the Director shall 
provide a detailed written jus-
tification to the child, the pro-
spective sponsor, the legal coun-
sel and the child advocate of the 
child, and the legal counsel of the 
prospective sponsor, as applica-
ble. 
(bb) 
NONDELEGATION.— 
The Director may not delegate 
the requirement to issue such a 
written statement to any other 
individual. 
(c) LIMITATIONS ON PLACEMENT IN SECURE FACILI-
TIES AND STAFF-SECURE FACILITIES.— 
(1) IN GENERAL.—The Director may not place 
an unaccompanied noncitizen child in a staff-secure 
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facility based solely on a risk of self-harm or behav-
ior related to the child’s trauma or mental health 
that could be addressed in a less restrictive setting 
with additional accommodations or rehabilitative 
care. 
(2) SECURE
FACILITIES.—The Director may 
never hold or place an unaccompanied noncitizen 
child in a secure facility. 
(3) STAFF-SECURE FACILITIES.— 
(A) IN GENERAL.—The Director may only 
hold or place an unaccompanied noncitizen child 
in a staff-secure facility if— 
(i) there is clear and convincing evi-
dence that the child poses a serious and 
imminent danger to others at the time of 
placement; 
(ii) upon holistic review of the child’s 
file, there is clear and convincing evidence 
that the assessed danger does not stem 
from the child’s trauma or mental health 
conditions; and 
(iii) even with additional accommoda-
tions and de-escalation measures, the child 
cannot be adequately cared for in a less re-
strictive setting or rehabilitative care. 
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(B) DURATION.—The Director may only 
hold an unaccompanied noncitizen child in a 
staff-secure facility under subparagraph (A) 
during the period in which the Director can 
demonstrate that the conditions described in 
that subparagraph exist. 
(C) TRANSFER.—The Director shall con-
sider transfer of the child to a less restrictive 
placement as soon as these requirements are no 
longer met, even if the child has been in the 
placement for less than 30 days. 
(4) PROHIBITION ON PLACEMENT IN U.S. IMMI-
GRATION
AND
CUSTOMS
ENFORCEMENT
FACILI-
TIES.—The Director may not place any accompanied 
noncitizen child or unaccompanied noncitizen child 
in— 
(A) a U.S. Immigration and Customs En-
forcement facility; or 
(B) a facility operated by contract with 
U.S. Immigration and Customs Enforcement. 
(d) PLACEMENT IN THERAPEUTIC CHILDCARE FA-
CILITIES.— 
(1) LIMITATION.—The Director may place an 
unaccompanied noncitizen child in a therapeutic 
childcare secure facility only if— 
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100 
(A) the unaccompanied noncitizen child 
has received a detailed, individualized evalua-
tion by a licensed psychologist or psychiatrist 
who is experienced in the care of children; and 
(B) the mental health professional con-
ducting the evaluation under subparagraph (A) 
has determined that— 
(i) the child poses a substantial risk 
of harm to himself or herself or to others; 
(ii) such placement is in the best in-
terests of the child; and 
(iii) even with additional accommoda-
tions or rehabilitative care, at the time of 
placement, the child cannot be adequately 
cared for in a less restrictive setting until 
the child receives services provided in such 
a placement. 
(2) 
PREFERENCE
FOR
COMMUNITY-BASED 
THERAPEUTIC
FOSTER
CARE.—Before placing an 
unaccompanied noncitizen child in a therapeutic 
childcare facility, the Director shall first seek to 
place the child in a family-based therapeutic foster 
care placement. 
(3) APPLICABILITY OF OTHER PROVISIONS.— 
The procedures relating to transfers, notice, and 
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placement review hearings under this title apply 
equally to unaccompanied noncitizen children placed 
in residential treatment centers and other thera-
peutic childcare facilities. 
(4) SERVICES TO BE PROVIDED.— 
(A) EVALUATION.— 
(i) IN GENERAL.—An unaccompanied 
noncitizen child placed in a therapeutic 
childcare facility shall be evaluated by a li-
censed psychologist or psychiatrist who is 
experienced in the care of children. 
(ii) REPORT.—The mental health pro-
fessional conducting the evaluation under 
clause (i) for an unaccompanied noncitizen 
child shall— 
(I) issue a written report that 
sets forth— 
(aa) the reasons for such 
placement; 
(bb) treatment goals; and 
(cc) a plan specific to the 
child for transition to a less re-
strictive setting; and 
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(II) make such report available 
to the unaccompanied noncitizen child 
and the child advocate of the child. 
(B) ACCESS TO COUNSEL.—The operator 
of a residential treatment center or any other 
therapeutic childcare facility for unaccompanied 
noncitizen children shall provide access to— 
(i) legal services; and 
(ii) existing legal counsel and child 
advocates of such children, as applicable. 
(e) MONTHLY REVIEW HEARING.— 
(1) IN
GENERAL.—Not less frequently than 
monthly, each unaccompanied noncitizen child in a 
restrictive placement shall be afforded a placement 
review hearing to determine whether continued 
placement in the restrictive placement is appro-
priate. 
(2) CONDUCT OF HEARINGS.—A hearing under 
this subsection shall be conducted in accordance 
with the procedures and standards for placement re-
view hearings under subsection (b). 
(3) REPORT BY MENTAL HEALTH PROVIDER.— 
With respect to an unaccompanied noncitizen child 
in a therapeutic childcare facility not later than 5 
days before a hearing under this subsection, a li-
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censed psychologist or psychiatrist who is experi-
enced in the care of children shall submit to the fact 
finder a detailed report on the mental health needs 
of the unaccompanied noncitizen child concerned. 
(4) WRITTEN DECISION.— 
(A) IN GENERAL.—The fact finder shall 
issue a written decision continuing or termi-
nating the restrictive placement of the unac-
companied noncitizen child concerned, which 
shall be binding on the Office of Refugee Reset-
tlement. 
(B) CONSIDERATION OF BEST INTEREST 
RECOMMENDATION.—In making a decision on 
such placement, the fact finder shall consider— 
(i) the best interest recommendation 
of the child advocate with respect to the 
unaccompanied noncitizen child concerned; 
and 
(ii) the findings contained in the re-
port submitted under paragraph (3). 
(C) ELEMENTS.—A written decision under 
this paragraph shall— 
(i) set forth a detailed, specific, and 
individualized justification for the decision; 
and 
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(ii) notify the unaccompanied noncit-
izen child of his or her— 
(I) right to further placement re-
view hearings under this subsection; 
and 
(II) right to seek judicial review 
of the decision. 
(D) LANGUAGE
ACCESS.—The decision 
shall be made available in a language and in a 
format the unaccompanied noncitizen child un-
derstands. 
(5) RECORD OF PROCEEDINGS.—The record of 
proceedings for a hearing under this subsection, and 
all related documentation— 
(A) shall be maintained separately and 
apart from the unaccompanied noncitizen 
child’s immigration file (commonly called the 
‘‘A-File’’); and 
(B) shall not form any part of, and shall 
not be relied upon, in any removal proceedings 
or any adjudication carried out by U.S. Citizen-
ship and Immigration Services, including with 
respect to final decisions and discretionary fac-
tors. 
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(f) PLACEMENT OF UNACCOMPANIED NONCITIZEN 
CHILDREN WITH DISABILITIES IN RESTRICTIVE PLACE-
MENTS.— 
(1) IN GENERAL.—An unaccompanied noncit-
izen child who is receiving services under section 504 
of the Rehabilitation Act of 1973 (29 U.S.C. 794) 
shall not be placed in a facility that does not have 
access to such services. 
(2) NEEDS DETERMINATION.— 
(A) IN GENERAL.—Before placing such an 
unaccompanied noncitizen child in a restrictive 
setting, the Director shall make a determination 
as to whether the needs of the child can be met 
in a more integrated setting. 
(B) ELEMENTS.—A determination under 
subparagraph (A) shall include— 
(i) an identification of the relevant 
trauma-informed, evidence-based services 
and accommodations that have been identi-
fied as potentially relevant; 
(ii) a description of any such service 
or accommodation that has been provided 
and the period of time in which the service 
or accommodation has been provided; 
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(iii) if any such service or accommo-
dation has been ineffective, an assessment 
of the reason; and 
(iv) an assessment of whether addi-
tional services or accommodations could be 
provided at the child’s current placement. 
(3) SERVICES AVAILABLE IN A LESS RESTRIC-
TIVE PLACEMENT.— 
(A) IN GENERAL.—If services are identi-
fied that have the potential to maintain such an 
unaccompanied noncitizen child in a less re-
strictive placement, the Director shall ensure 
that the child receives such services before the 
Director considers a transfer to a restrictive 
placement. 
(B) IDENTIFICATION
OF
SERVICES
AND 
ACCOMMODATIONS.— 
(i) IN GENERAL.—For each such un-
accompanied noncitizen child, at each 
placement review hearing under subsection 
(e), the Director shall explicitly identify 
services and accommodations that could be 
made available in a less restrictive place-
ment. 
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(ii) JUSTIFICATION.—A recommenda-
tion by the Director against placing such 
an unaccompanied noncitizen child in a 
less restrictive placement shall be sup-
ported by specific documentation as to the 
reasons that, even with such accommoda-
tions, the child cannot be safely placed in 
a less restrictive placement. 
(4) INDEPENDENT REVIEW.— 
(A) IN GENERAL.—In the case of such an 
unaccompanied noncitizen child whom the Di-
rector intends to transfer to a restrictive place-
ment, before the child’s placement review hear-
ing, the decision to so transfer shall be reviewed 
by an independent third party licensed psychol-
ogist or psychiatrist who is experienced in the 
care of children in accordance with a standard-
ized process for evaluating the data and pre-
sented rationale, including a consideration of 
accommodations that could avoid the need for 
restrictive placement. 
(B) 
CONTINUED
RESTRICTIVE
PLACE-
MENT.—In the case of such an unaccompanied 
noncitizen child in a restrictive placement whom 
the Director does not intend to transfer to a 
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less restrictive placement, before the child’s 
next placement review hearing, the decision 
shall be reviewed by an independent third party 
licensed psychologist or psychiatrist who is ex-
perienced in the care of children, in accordance 
with a standardized process for evaluating the 
data and presented rationale, including a con-
sideration of accommodations that could avoid 
the need for restrictive placement. 
(C) REPORT.—Not later than 45 days 
after conducting a review under this paragraph, 
the independent third party mental health pro-
fessional shall issue a written report describing 
the results of the review to the fact finder, the 
child concerned, the legal counsel and child ad-
vocate of such child, and the Director. 
SEC. 227. JUDICIAL REVIEW OF PLACEMENT. 
(a) IN GENERAL.—An unaccompanied noncitizen 
child or the parent, legal guardian, or prospective sponsor 
of such a child may seek judicial review in a district court 
of the United States of— 
(1) a determination with respect to the type of 
childcare facility in which the child is placed; or 
(2) a sponsorship determination. 
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(b) VENUE.—Venue for judicial review under sub-
section (a) may be found in— 
(1) the district in which the original childcare 
facility in which the unaccompanied noncitizen child 
concerned was placed is located; or 
(2) the district in which the childcare facility to 
which the unaccompanied noncitizen child was trans-
ferred is located. 
(c) LIMITED REVIEW.—Review under this section 
shall be limited to entering an order solely affecting the 
individual claims of the unaccompanied noncitizen child or 
the parent, legal guardian, or prospective sponsor seeking 
such review. 
(d) AGENCY EXERCISE OF DISCRETION REVIEWED 
DE NOVO.—The exercise of discretion by the Secretary 
or the Secretary of Homeland Security in making a place-
ment decision reviewed under this section shall be reviewed 
de novo. 
(e) BOND REDETERMINATION.—An unaccompanied 
noncitizen child in removal proceedings shall be afforded 
a bond redetermination hearing before an immigration 
judge in every case, unless the child indicates on the notice 
of custody determination form that he or she waives the 
right to such a hearing. 
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Subtitle D—Family Reunification 
and Standards Relating to Spon-
sors 
SEC. 231. FAMILY REUNIFICATION EFFORTS BY OFFICE OF 
REFUGEE RESETTLEMENT. 
(a) IN GENERAL.—During the period in which an un-
accompanied noncitizen child is in the custody of the Sec-
retary, the Director shall— 
(1) provide individualized, onsite case manage-
ment and family reunification services; 
(2) ensure that— 
(A) a case manager contacts the child not 
later than 48 hours after the child is trans-
ferred to the custody of the Secretary; and 
(B) in the case of case manager re-assign-
ment, the case manager reassigned to the child 
contacts the child not later than 24 hours after 
such reassignment; 
(3) make and document prompt, active, and 
continuous efforts towards family reunification and 
release; and 
(4) work diligently— 
(A) to review family reunification applica-
tions from prospective sponsors; and 
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111 
(B) to assist prospective sponsors in com-
pleting such applications and complying with 
sponsor requirements. 
(b) PREFERENCE FOR RELEASE.—The Director may 
release an unaccompanied noncitizen child from the cus-
tody of the Secretary to a sponsor who is, in the order 
of preference, any of the following: 
(1) A parent. 
(2) A legal guardian. 
(3) An adult relative. 
(4) An adult individual, or an entity, designated 
by the parent or legal guardian of the unaccom-
panied noncitizen child as capable and willing to 
care for the child’s well-being, which designation is 
supported by— 
(A) a declaration signed by the parent or 
legal guardian under penalty of perjury before 
an immigration or consular officer; or 
(B) such other document that makes such 
a designation and establishes the affiant’s pa-
ternity or guardianship. 
(5) A licensed program willing to accept legal 
custody of the child. 
(6) An adult individual or entity seeking cus-
tody of the child. 
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112 
(c) TIMELINES FOR REUNIFICATION.—The Director 
shall use the information collected under, and data re-
quirements described in, section 602(b)— 
(1) to determine the characteristics that exert 
significant effect on the reunification of unaccom-
panied noncitizen children with a sponsor; 
(2) to establish categories of children who ex-
hibit such characteristics, which categories shall dis-
tinguish between— 
(A)(i) children released to parents or legal 
guardians; and 
(ii) children released to other sponsors; 
and 
(B)(i) children who have home studies 
mandated by section 235 of the Trafficking Vic-
tims Protection Reauthorization Act of 2008 (8 
U.S.C. 1232); 
(ii) children granted home studies through 
the discretion of the Director; and 
(iii) other children; 
(3) to establish timelines for reunification ap-
propriate to each such category of children; 
(4) to monitor ongoing reunification efforts for 
compliance with such timelines; and 
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113 
(5) to identify systematic barriers to release for 
children in such categories. 
(d) SYSTEMATIC BARRIERS TO RELEASE.—The Di-
rector shall eliminate any administrative hindrance identi-
fied as a systemic barrier to release under subsection 
(c)(4). 
(e) EXPEDITED REUNIFICATION OF EARLY CHILD-
HOOD MINORS.—The Director shall develop procedures to 
facilitate the expedited reunification of unaccompanied 
noncitizen children who are early childhood minors with 
family members seeking to serve as sponsors. 
(f) LIMITATION ON REMOTE SERVICES.—Case man-
agement and family reunification services may only be pro-
vided remotely for unaccompanied noncitizen children 
housed in an influx facility or a childcare facility activated 
for use during an influx. 
(g) RECORDKEEPING.—The Director shall maintain 
a written record of the efforts made by the Office of Ref-
ugee Resettlement to reunify and release each unaccom-
panied noncitizen child in the custody of the Secretary. 
SEC. 232. STANDARDS RELATING TO SPONSORS. 
(a) PROCEDURES AND PROTECTIONS.— 
(1) IN GENERAL.—The Director shall not im-
pose sponsor requirements (including application 
deadlines and requests for information or docu-
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114 
mentation about prospective sponsors, the household 
members of prospective sponsors, or other individ-
uals) that do not have a substantial and direct im-
pact on child safety. 
(2) NONDISCRIMINATION.—In reviewing an ap-
plication for sponsorship, the Director may not rely 
on the national origin, immigration status, language, 
religion, sexual orientation, sex (including gender 
identity or gender expression), color, or race of the 
child concerned or of the prospective sponsor to 
delay or deny the application. 
(3) PROHIBITION
ON
CERTAIN
REASONS
FOR 
SPONSORSHIP DENIAL.—A prospective sponsor may 
not be denied sponsorship solely due to— 
(A) poverty, use of public assistance, lack 
of employment or health insurance, or past or 
current health conditions that do not have a 
substantial and direct impact on child safety; 
(B) an absence of a pre-existing relation-
ship with the unaccompanied noncitizen child 
concerned; or 
(C) immigration status. 
(4) LEGAL
RIGHTS
OF
PROSPECTIVE
SPON-
SORS.— 
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(A) IN
GENERAL.—In making decisions 
about the sponsorship of an unaccompanied 
noncitizen child, the Director shall— 
(i) take into consideration the legal 
rights of any parent, legal guardian, or 
family member who is seeking sponsorship 
of the child; and 
(ii) ensure that Office of Refugee Re-
settlement processes for ensuring the 
child’s safe release do not interfere with 
such rights. 
(B) PARENTS.—A parent shall not be de-
nied reunification with their child absent a de-
termination supported by clear and convincing 
evidence that custody of the child by the parent 
is likely to result in serious emotional or phys-
ical damage to the child. 
(5) ASSESSMENT REQUIRED.— 
(A) IN GENERAL.—The Director may only 
release an unaccompanied noncitizen child to an 
individual or a licensed program for whom a 
prospective sponsor assessment has been com-
pleted, consistent with the requirements of sec-
tion 235(c)(3) of the William Wilberforce Traf-
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ficking Victims Protection Reauthorization Act 
of 2008 (8 U.S.C. 1232(c)(3)). 
(B) ELEMENTS.—A sponsor assessment 
shall include— 
(i) a completed family reunification 
application; and 
(ii) consideration of the wishes and 
concerns of the unaccompanied noncitizen 
child concerned. 
(C) OPPORTUNITY
TO
ADDRESS
CON-
CERNS.—A prospective sponsor shall be af-
forded the opportunity to address any concern 
raised during the sponsor assessment process 
before the prospective sponsor’s application is 
denied. 
(D) BACKGROUND CHECKS.— 
(i) IN
GENERAL.—Fingerprint-based 
checks of national crime information data-
bases (as defined in section 534(f)(3) of 
title 28, United States Code) may be re-
quested for prospective sponsors if a public 
records check of the sponsor reveals safety 
concerns or there is a documented risk to 
the safety of the child. 
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117 
(ii) LIMITATION.—The criminal his-
tory of the prospective sponsor, or a house-
hold member of the prospective sponsor, 
shall not be a basis for denial of sponsor-
ship unless the Director demonstrates that 
such history includes a conviction for child 
abuse or trafficking, or is less than 10 
years old and would have a direct and im-
mediate impact on the safety of the unac-
companied noncitizen child concerned. 
(6) SAFEGUARDS.— 
(A) IN GENERAL.—The Director shall im-
plement safeguards to prevent any information 
obtained in the course of the sponsor assess-
ment process from being used for any purpose 
other than assessing the sponsor’s fitness to 
care for an unaccompanied noncitizen child. 
(B) 
APPLICABILITY.—Such 
safeguards 
shall apply regardless of the outcome of the 
prospective sponsor’s application. 
(7) ANNUAL EVALUATION.— 
(A) IN
GENERAL.—Not less frequently 
than annually, the Director shall conduct an 
evaluation of Office of Refugee Resettlement 
policies and practices to determine whether 
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118 
such policies and practices create unnecessary 
barriers to release or result in delays in unac-
companied noncitizen children’s prompt release 
to sponsors. 
(B) SUBMISSION
TO
OMBUDSPERSON.— 
The Director shall submit each evaluation con-
ducted 
under 
subparagraph 
(A) 
to 
the 
Ombudsperson. 
(b) SPONSORSHIP DETERMINATION.— 
(1) IN GENERAL.—Not later than 7 days after 
the date on which the Director receives a family re-
unification application from a prospective sponsor, 
the Director shall make a determination with respect 
to whether the unaccompanied noncitizen child con-
cerned may be placed with the sponsor. 
(2) CONSIDERATION OF EFFECT OF DENIAL.— 
In making a determination under paragraph (1), the 
Director shall take into consideration the effect a de-
nial of the application, and continued immigration 
custody for the unaccompanied noncitizen child con-
cerned, would have on— 
(A) the health and well-being of the child; 
and 
(B) in the case of a prospective sponsor 
who is a parent, legal guardian, or a family 
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119 
member of the child, the right of the parent, 
legal guardian, or family member to the care 
and custody of the child. 
(3) SPONSORSHIP HEARING.— 
(A) IN GENERAL.—The Director shall pro-
vide an opportunity for an administrative hear-
ing, conducted in accordance with sections 554 
through 557 of title 5, United States Code, in 
the case of— 
(i) a determination that a prospective 
sponsor is not fit to receive the unaccom-
panied noncitizen child concerned; or 
(ii) failure by the Director to make a 
determination on a family reunification ap-
plication within the timeframe set forth in 
paragraph (1). 
(B) NOTICE.— 
(i) IN GENERAL.—Not later than 24 
hours after a determination or failure de-
scribed in subparagraph (A), the Director 
shall provide notice of such a hearing to— 
(I) the unaccompanied noncitizen 
child; 
(II) the legal counsel and the 
child advocate of such child; 
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(IV) In the case of a failure to 
make a timely determination, a jus-
tification for such failure. 
(V) Notification that the unac-
companied noncitizen child and pro-
spective sponsor may submit addi-
tional evidence, including witness tes-
timony, in support of the family re-
unification application at or before the 
hearing. 
(C) LIMITATION ON OFFICE OF REFUGEE 
RESETTLEMENT
EVIDENCE.—In 
a 
hearing 
under this paragraph, the Director may only 
submit evidence and information that is de-
scribed on the notice provided under subpara-
graph (B). 
(D) TIMING OF HEARING.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), a hearing under this para-
graph shall occur not less than 7 days and 
not more than 14 days after the date on 
which notice under subparagraph (B) is 
provided. 
(ii) 
REQUEST
FOR
ADDITIONAL 
TIME.—Such a hearing may occur on a 
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122 
date that is more than 14 days after the 
date such notice is provided if the prospec-
tive sponsor requests additional time. 
(E) PRESENCE AT HEARING.— 
(i) TRANSPORTATION.—On request by 
the unaccompanied noncitizen child or the 
prospective sponsor, the Director shall fa-
cilitate the transportation of the child and 
the prospective sponsor to a centralized lo-
cation for the hearing. 
(ii) WAIVER OF CHILD’S PRESENCE.— 
With the assistance of counsel, an unac-
companied noncitizen child may waive the 
child’s presence at a hearing under this 
paragraph. 
(iii) VIRTUAL
HEARING.—An unac-
companied noncitizen child may request a 
virtual hearing under this paragraph and 
waive his or her right to an in-person hear-
ing. 
(F) PROCEDURAL MATTERS.— 
(i) NEUTRAL FACT FINDER.—A hear-
ing under this paragraph shall be presided 
over by a neutral fact finder who— 
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123 
(I) is not an employee of the Of-
fice of Refugee Resettlement; and 
(II) has expertise in child wel-
fare. 
(ii) CHILD AND SPONSOR RIGHTS.—At 
a hearing under this paragraph, an unac-
companied noncitizen child and the child’s 
prospective sponsor shall have— 
(I) the right to counsel; and 
(II) the right and opportunity to 
confront, inspect, and rebut the evi-
dence alleged to justify a determina-
tion by the Director that the prospec-
tive sponsor is unfit. 
(iii) INTERPRETATION SERVICES.—An 
interpreter in the preferred language of the 
unaccompanied noncitizen child and the 
prospective sponsor shall be made available 
for a hearing under this paragraph. 
(iv) BURDENS OF PRODUCTION AND 
PROOF.—The Director shall have the bur-
den of production and the burden of proof, 
by clear and convincing evidence, to prove 
that— 
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(I) placement with the prospec-
tive sponsor is likely to result in seri-
ous emotional or physical damage to 
the child; and 
(II) continued Office of Refugee 
Resettlement custody is the least re-
strictive setting that is in the best in-
terests of the child. 
(v) RECORD OF PROCEEDINGS.—The 
record of proceedings for a hearing under 
this paragraph, and all related documenta-
tion— 
(I) shall be maintained separately 
and apart from the unaccompanied 
noncitizen child’s immigration file 
(commonly called the ‘‘A-File’’); and 
(II) shall not form any part of, 
and shall not be relied upon, in any 
removal proceedings or any adjudica-
tion carried out by U.S. Citizenship 
and Immigration Services, including 
with respect to final decisions and dis-
cretionary factors. 
(G) WRITTEN DECISION.— 
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(i) IN GENERAL.—Not later than 2 
business days after the date of a hearing 
under this paragraph, the fact finder 
shall— 
(I) issue a written decision order-
ing the release of the unaccompanied 
noncitizen child to the prospective 
sponsor or denying such release, 
which shall be binding on the Office of 
Refugee Resettlement; and 
(II) provide the written decision 
to— 
(aa) the child and the pro-
spective sponsor; and 
(bb) the legal counsel and 
the child advocate of the child 
and the legal counsel of the pro-
spective sponsor, as applicable. 
(ii) DENIALS.—In the case of a denial 
of release to the prospective sponsor, the 
decision shall— 
(I) set forth detailed, specific, 
and individualized reasoning for such 
denial; and 
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(II) notify the child and prospec-
tive sponsor of their right to seek re-
view 
of 
the 
decision 
by 
the 
Ombudsperson under subparagraph 
(H). 
(iii) LANGUAGE
ACCESS.—The deci-
sion shall be made available in a language 
and in a format the unaccompanied noncit-
izen child and the prospective sponsor un-
derstand. 
(H) REVIEW BY OMBUDSPERSON.— 
(i) IN GENERAL.—On request by an 
unaccompanied noncitizen child, the legal 
counsel or prospective sponsor of such 
child, or the legal counsel of such prospec-
tive sponsor, the Ombudsperson shall carry 
out a review of a decision under subpara-
graph (G), which shall be completed not 
later than 15 days after the date on which 
the request for review is made. 
(ii) RECOMMENDATION.— 
(I) IN
GENERAL.—In carrying 
out a review under this subparagraph, 
the Ombudsperson may make a rec-
ommendation on the placement or 
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sponsorship of the unaccompanied 
noncitizen child concerned. 
(II) FINDING OF ERRONEOUS DE-
CISION.— 
(aa) IN
GENERAL.—If the 
Ombudsperson determines that 
the decision under subparagraph 
(G) 
was 
erroneous, 
the 
Ombudsperson shall submit to 
the Director a recommendation 
for further action. 
(bb) 
WRITTEN
STATE-
MENT.— 
(AA) IN GENERAL.—If 
the Director declines to fol-
low the recommendation of 
the Ombudsperson, the Di-
rector shall provide a de-
tailed written justification to 
the child, the prospective 
sponsor, the legal counsel 
and the child advocate of the 
child, and the legal counsel 
of the prospective sponsor, 
as applicable. 
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(BB) 
NONDELEGA-
TION.—The Director may 
not delegate the requirement 
to issue such a written 
statement to any other indi-
vidual. 
(I) JUDICIAL REVIEW.—An unaccompanied 
noncitizen child or a prospective sponsor may 
obtain judicial review of a decision under sub-
paragraph (G) in a district court of the United 
States. 
(J) CONTINUED EFFORTS BY OFFICE OF 
REFUGEE RESETTLEMENT.—During the pend-
ency of a hearing under this paragraph, and 
any review of a decision resulting from such a 
hearing under subparagraph (H) or (I), the Di-
rector shall continue to seek alternative pro-
spective sponsors for the unaccompanied noncit-
izen child concerned. 
SEC. 233. SPECIAL CONSIDERATIONS RELATING TO RE-
LEASE OF CHILDREN WITH DISABILITIES. 
(a) IN GENERAL.—The Director may not delay the 
release of an unaccompanied noncitizen child based solely 
on a pending evaluation for services under section 504 of 
the Rehabilitation Act of 1973 (29 U.S.C. 794). 
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(b) SUPPORTING EVIDENCE REQUIRED FOR DETER-
MINATION NOT TO RELEASE.—A determination by the 
Director not to release an unaccompanied noncitizen child 
receiving services under such section based on a prospec-
tive sponsor’s inability to meet the needs of the child shall 
be supported by evidence of efforts by the Director to edu-
cate, and provide concrete resources and support to, the 
prospective sponsor through the provision of post-release 
services. 
(c) RELEASE TO PARENTS.—The Director may not 
deny the reunification of an unaccompanied noncitizen 
child receiving services under such section with his or her 
parent absent a determination supported by clear and con-
vincing evidence that— 
(1) custody of the child by the parent is likely 
to result in serious emotional or physical damage to 
the child; and 
(2) continued Office of Refugee Resettlement 
custody is the least restrictive setting that is in the 
best interests of the child. 
(d) REVIEW.— 
(1) IN GENERAL.—With respect to a determina-
tion by the Director not to release an unaccom-
panied noncitizen child receiving services under such 
section based on an assessment that the child is a 
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danger to himself or herself or to others, a review 
of such determination shall be carried out by an 
independent third party licensed psychologist or psy-
chiatrist who is experienced in the care of children 
before the date on which the sponsorship hearing 
under section 232(b)(3) occurs. 
(2) PROCEDURE.—A review under paragraph 
(1) shall— 
(A) be carried out using a standardized 
method for evaluating the data and shall in-
clude the rationale for denying release; and 
(B) consider the availability of assistive 
services or technology that could be provided to 
the unaccompanied noncitizen child concerned if 
he or she were released. 
(3) AVAILABILITY.—Such a review shall be 
made in writing and made available to the unaccom-
panied noncitizen child and the child’s legal counsel 
before the date on which a sponsorship hearing 
under section 232(b)(3) occurs. 
(e) OFFICE OF REFUGEE RESETTLEMENT SUPPORT 
FOR SPONSORS.—With respect to children with disabilities 
released from the custody of the Secretary, the Director 
shall support and assist sponsors in accessing and coordi-
nating post-release community-based services and support 
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or technology, to the extent such services and support are 
available. 
(f) ALTERNATIVE PLACEMENT.—If a sponsor is not 
identified for an unaccompanied noncitizen child who re-
ceives services under section 504 of the Rehabilitation Act 
of 1973 (29 U.S.C. 794), the Director shall make every 
effort to place the child in therapeutic foster care, foster 
care, or the Unaccompanied Refugee Minor program. 
Subtitle E—Release 
SEC. 241. PROCEDURES FOR RELEASE. 
(a) IN GENERAL.—The Secretary shall release an un-
accompanied noncitizen child from the custody of the Sec-
retary— 
(1) without unnecessary delay; and 
(2) as quickly as may be safely accomplished. 
(b) PROVISION OF RECORDS ON RELEASE.—On re-
lease from the custody of the Secretary, including in cir-
cumstances of repatriation, the Director shall provide un-
accompanied noncitizen children and their sponsors, as ap-
plicable, the unaccompanied noncitizen child’s complete 
Office of Refugee Resettlement case file and records, in-
cluding— 
(1) documentation that details the child’s med-
ical and educational status, progress, and any re-
lated evaluations; 
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(2) information relating to any special needs of 
the child; and 
(3) any other information relevant to promoting 
the child’s well-being after release. 
(c) PRESCRIPTION MEDICATION.—The Director shall 
ensure that unaccompanied noncitizen children prescribed 
medication are released with not less than a 60-day supply 
of their medication and information from a physician re-
garding continuing or discontinuing the medication. 
(d) TRANSPORTATION.—Expenses incurred in trans-
porting unaccompanied noncitizen children and their spon-
sors for the purpose of the release of the child shall be 
paid by the Office of Refugee Resettlement. 
(e) PROHIBITION
ON SECRETARY TAKING CHILD 
BACK INTO CUSTODY.— 
(1) IN GENERAL.—After the release of an unac-
companied noncitizen child from the custody of the 
Secretary to a sponsor, the Secretary may not take 
the child back into custody. 
(2) REPORTING
TO
STATE
CHILD
WELFARE 
AGENCY.—With respect to a child released from 
such custody, if the Director becomes aware of a 
concern related to suspected abuse or neglect in a 
sponsor’s care, the Director may report such con-
cerns to the applicable State child welfare agency. 
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SEC. 242. POST-RELEASE SERVICES. 
(a) REQUIRED IN LIMITED CIRCUMSTANCES.— 
(1) IN GENERAL.—The Director may not uni-
formly require post-release services to be in place be-
fore releasing an unaccompanied noncitizen child to 
a sponsor. 
(2) CASE
MANAGEMENT
SPECIALIST
DETER-
MINATION.—The Director may only require post-re-
lease services to be in place before releasing an un-
accompanied noncitizen child to a sponsor if, after 
conducting an individualized assessment of the par-
ticularized needs of the child, the case management 
specialist makes a determination that the child 
would be at risk of imminent physical or emotional 
harm if post-release services were not in place before 
such release. 
(b) EXPANSION.—The Director shall provide post-re-
lease services to unaccompanied noncitizen children, in-
cluding by— 
(1) providing active assistance with school en-
rollment; 
(2) supporting sponsors in obtaining necessary 
medical records, including vaccination and medica-
tion records, from the period during which the unac-
companied noncitizen children were in the custody of 
the Secretary; 
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(3) ensuring access to family reunification and 
medical support services, including support and 
trauma-informed counseling for the family and men-
tal health counseling, through direct provision of 
such services or through partnerships and referrals 
to services in the community; and 
(4) ensuring that sponsors of children with spe-
cial medical needs receive Office of Refugee Resettle-
ment support in accessing appropriate medical care. 
SEC. 243. INDIVIDUALS ATTAINING 18 YEARS OF AGE. 
(a) 
PRESUMPTION
OF
RELEASE
ON
RECOG-
NIZANCE.— 
(1) IN GENERAL.—If an individual in the cus-
tody of the Secretary is not released to a sponsor be-
fore the individual attains the age of 18 years, there 
shall be a presumption that the individual shall be 
released on an order of recognizance. 
(2) REBUTTAL.—The Secretary of Homeland 
Security shall bear the burden of proof, by clear and 
convincing evidence, in overcoming the presumption 
under paragraph (1) and in demonstrating that such 
an individual is not eligible to be released on an 
order of recognizance. 
(3) ALTERNATIVES TO DETENTION.— 
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(A) IN GENERAL.—In the case of an indi-
vidual aging out of the custody of the Secretary 
who is not eligible to be released on an order 
of recognizance, the individual shall be eligible 
to participate in noncustodial alternatives to de-
tention programs provided by the Department 
of Health and Human Services, including place-
ment with an individual, an organizational 
sponsor, or a supervised group home with sup-
portive services to facilitate access to edu-
cational and occupational opportunities. 
(B) PLACEMENT PREFERENCES.—The cat-
egories of placements available to an individual 
described in subparagraph (A) shall be the fol-
lowing, in order of preference: 
(i) The least restrictive family-based 
setting, including long-term foster care. 
(ii) An independent living program. 
(iii) A childcare facility that meets the 
particular needs of the individual. 
(4) CONTINUATION OF SERVICES.—The Direc-
tor shall ensure that an individual released on an 
order of recognizance under this subsection is pro-
vided with— 
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(A) continued access to counseling, case 
management, legal counsel, and other support 
services during the pendency of the individual’s 
immigration proceedings; and 
(B) information on applying for special im-
migrant 
juvenile 
status 
under 
section 
101(a)(27)(J) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(27)(J)), and re-
sources to assist the individual with applying 
for such status. 
(b) POST-18 PLAN FOR INDIVIDUALS AGING OUT OF 
CUSTODY.— 
(1) IN GENERAL.—The Director shall develop a 
post-18 plan for each unaccompanied noncitizen 
child entering the Office of Refugee Resettlement 
custody who— 
(A) is over the age of 17 years and 6 
months; or 
(B) is not likely to be released to a sponsor 
before attaining 18 years of age. 
(2) ELEMENTS.—Each plan under paragraph 
(1) shall include the following: 
(A) An investigation into organizational 
sponsors and social support services. 
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(B) Coordination with the Secretary of 
Homeland Security to ensure the release of the 
unaccompanied noncitizen child on his or her 
own recognizance if release to an organizational 
or individual sponsor is not successful. 
(c) POST-18 PROGRAM.—With respect to an indi-
vidual in the custody of the Secretary who attains 18 years 
of age before reunification, placement with a sponsor, or 
adjudication with respect to immigration status, the Di-
rector may extend Office of Refugee Resettlement custody 
for a period ending not later than the date on which the 
individual attains 21 years of age, if the individual— 
(1)(A) has not been reunified but has a family 
member available for reunification; 
(B) has an identified sponsor; 
(C) has been admitted to long-term foster care 
or a residential treatment center; or 
(D) otherwise does not have reunification op-
tions but has not yet been adjudicated with respect 
to immigration status by a local court in the applica-
ble jurisdiction; and 
(2) solely at his or her discretion, without coer-
cion and on the recommendation of his or her case 
manager, elects to remain in Office of Refugee Re-
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settlement custody in the post-18 program until the 
date on which, as applicable— 
(A) the screening process for reunification 
is completed and the individual is reunified with 
a family member or placed with a sponsor; or 
(B) the individual is adjudicated with re-
spect to immigration status in a local court in 
the applicable jurisdiction, receives relief from 
removal, and enters an applicable program for 
unaccompanied refugee minors. 
(d) CONSIDERATION RELATING TO U.S. IMMIGRA-
TION AND CUSTOMS ENFORCEMENT CUSTODY.—In con-
sidering a sponsorship application for an unaccompanied 
noncitizen child who may attain 18 years of age in the 
custody of the Secretary, the Director shall consider the 
potential for, and impact of, trauma and the risk to the 
safety and well-being of the child if the child were to be 
transferred to the custody of U.S. Immigration and Cus-
toms Enforcement on attaining such age. 
(e) PROHIBITION ON DETENTION AND REMOVAL.— 
An individual who was in the custody of the Secretary as 
an unaccompanied noncitizen child shall not be appre-
hended, arrested, transferred, or taken into the custody 
of U.S. Immigration and Customs Enforcement, or re-
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moved from the United States, based solely on having at-
tained 18 years of age. 
(f) CONTINUED ACCESS TO DUE PROCESS, LEGAL 
RELIEF, AND HOUSING.—An individual who entered the 
United States as a child shall not lose his or her oppor-
tunity for due process and potential legal relief, or access 
to community-based housing, based solely on having at-
tained the age of 18 years. 
SEC. 244. CUSTODY REVIEW BY OMBUDSPERSON. 
(a) IN GENERAL.—If an unaccompanied noncitizen 
child, the legal counsel or prospective sponsor of such 
child, or the legal counsel of such prospective sponsor has 
reasonable cause to believe that the child should have been 
released, the child, the prospective sponsor, or such legal 
counsel 
may 
request 
an 
investigation 
by 
the 
Ombudsperson. 
(b) NOTIFICATION OF LENGTHY CUSTODY.—In the 
case of any unaccompanied noncitizen child who remains 
in the custody of the Secretary for 45 days or more, the 
Director shall— 
(1) notify the Ombudsperson of such continued 
custody; and 
(2) provide the Ombudsperson a complete copy 
of the Office of Refugee Resettlement case file and 
a detailed explanation for such continued custody. 
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TITLE III—EMERGENCIES AND 
INFLUXES 
SEC. 301. SENSE OF CONGRESS. 
It is the sense of Congress that before opening or ex-
panding an influx facility, the Secretary and the Director 
should explore all other avenues for placing an unaccom-
panied noncitizen child in the least restrictive, State-li-
censed setting that most approximates a family and in 
which the special needs of the child, if any, may be met 
consistent with the best interests and special needs of the 
child. 
SEC. 302. DEFINITIONS. 
In this title: 
(1) 
EMERGENCY.—The 
term 
‘‘emergency’’ 
means an event of limited duration, such as a nat-
ural disaster, facility fire, civil disturbance, or med-
ical concern. 
(2) OPERATIONAL CAPACITY.—The term ‘‘oper-
ational capacity’’ means the net bed capacity of Of-
fice of Refugee Resettlement facilities and other 
housing operated by State-licensed programs for un-
accompanied noncitizen children. 
SEC. 303. PLACEMENT. 
(a) IN GENERAL.—In the event of an emergency or 
influx that prevents the prompt placement of unaccom-
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panied noncitizen children in childcare facilities, the Direc-
tor— 
(1) shall make every effort— 
(A) to place arriving unaccompanied non-
citizen children in other State-licensed pro-
grams; and 
(B) to release unaccompanied noncitizen 
children from other programs as expeditiously 
as possible; and 
(2) may not house an unaccompanied noncitizen 
child in an influx facility or any other emergency or 
temporary facility for more than 20 days. 
(b) TRANSFER TO LICENSED FACILITY.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), in the case of an unaccompanied noncit-
izen child for whom release to a sponsor within 20 
days of placement in an influx facility is not pos-
sible, the Director shall transfer the child to a 
childcare facility. 
(2) EXCEPTION.—The Director may not trans-
fer a child under paragraph (1) if the transfer would 
prolong the child’s total length of custody by more 
than 24 hours. 
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(c) LIMITATION ON TRANSFER TO INFLUX FACIL-
ITY.—The Director may not transfer to an influx facility 
any unaccompanied noncitizen child— 
(1) for whom— 
(A) the influx facility would be the first 
shelter placement for the child on arrival in the 
United States; 
(B) a prospective sponsor has not been 
identified; or 
(C) such transfer would delay release by 
more than 24 hours; or 
(2) who— 
(A) has been identified by the Director 
as— 
(i) having a prospective sponsor who 
is not a parent, a legal guardian, or an im-
mediate relative; or 
(ii) not having any identified prospec-
tive sponsor; 
(B) is younger than 16 years of age; 
(C) is part of a sibling group in the cus-
tody of the Secretary of which 1 or more sib-
lings are younger than 16 years of age; 
(D) speaks a language other than English 
or Spanish as his or her primary language; 
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(E) has special needs; 
(F) is currently prescribed psychotropic 
medication; 
(G) is pregnant or parenting; 
(H) will attain 18 years of age on a date 
that is not more than 30 days after the pro-
posed date of transfer to the influx facility; 
(I) is scheduled to be released on a date 
that is not more than 3 days after the proposed 
date of the transfer; 
(J) has a pending home study; 
(K) has not received a legal orientation 
presentation or a legal screening; 
(L) has a date scheduled for a hearing be-
fore an immigration court or a State court, in-
cluding family and juvenile court; 
(M) has a pending application for relief 
from removal; 
(N) has legal counsel; or 
(O) has a child advocate. 
(d) FAMILY GROUPS.—The Director shall ensure 
that— 
(1) unaccompanied noncitizen children with sib-
lings or other relatives under the age of 18 in the 
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custody of the Secretary are not separated from 
each other; and 
(2) such family groups have unlimited visitation 
with each other in influx facilities. 
SEC. 304. PLANNING FOR EMERGENCIES AND INFLUXES. 
(a) PLAN REQUIRED.—Not later than 180 days after 
the date of the enactment of this Act, the Director shall 
develop a plan for— 
(1) maintaining and expanding emergency ca-
pacity in licensed foster care homes and small con-
gregate care facilities for housing unaccompanied 
noncitizen children so as to eliminate the need for 
influx facilities; and 
(2) in the case of an emergency or influx, plac-
ing unaccompanied noncitizen children with sponsors 
as expeditiously as possible. 
(b) SUPPLEMENTAL PLACEMENT LIST.— 
(1) IN GENERAL.—The Director shall develop 
and maintain a supplemental placement list of facili-
ties that have, in the aggregate, not fewer than 200 
beds available to accept unaccompanied noncitizen 
children in the case of an emergency or influx, which 
shall be in addition to the number of beds available 
for placements under normal circumstances. 
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(2) LICENSING AND COMPLIANCE.—Any facility 
on the supplemental placement list shall be— 
(A) licensed in the State in which it is lo-
cated; and 
(B) in compliance with all standards and 
procedures applicable to State-licensed pro-
grams under this Act. 
(3) ELEMENTS.—The supplemental placement 
list shall include, for each facility, the following: 
(A) The name of the facility. 
(B) The number of beds available in the 
facility in the case of an emergency or influx. 
(C) The name and telephone number of 1 
or more contact persons, including a contact 
person for nights, holidays, and weekends. 
(D) Any limitation on categories of child 
the facility may accept, such as age categories. 
(E) A description of any special service 
available. 
(4) APPROPRIATE COMMUNITY SERVICES.—To 
the extent practicable, the Director shall attempt to 
include on the supplemental placement list facilities 
located in geographic areas in which culturally and 
linguistically appropriate community services are 
available. 
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(5) HIGH
CAPACITY
AT
CHILDCARE
FACILI-
TIES.—If the operational capacity of all childcare fa-
cilities and foster care placements reaches or exceeds 
75 percent for a period of 3 consecutive days, the 
Director shall contact the facilities on the supple-
mental placement list to determine the number of 
available supplemental placements. 
(c) NEED FOR SUPPLEMENTAL PLACEMENTS EX-
CEEDING CAPACITY.—If the number of unaccompanied 
noncitizen children in need of placement in the case of 
an emergency or influx exceeds the available appropriate 
placements on the supplemental placement list, the Direc-
tor shall— 
(1) locate additional placements through State- 
licensed programs and nonprofit child and family 
services agencies providing placement services; and 
(2) expedite the reunification and release of un-
accompanied noncitizen children from U.S. Customs 
and Border Protection custody. 
SEC. 305. INFLUX FACILITY STANDARDS AND STAFFING. 
(a) OPERATION
OF INFLUX FACILITIES.—In the 
event that the operation of an influx facility cannot be 
avoided, the Director may operate an influx facility in ac-
cordance with this section. 
(b) STANDARDS.— 
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(1) IN GENERAL.—An influx facility that does 
not meet the standards described in this subsection 
may not be used to house any child, and children 
housed at such an influx facility shall be transferred 
out of the influx facility immediately. 
(2) FIRST DAY OF OPERATION.—On the first 
day of operation, an influx facility shall be in compli-
ance with— 
(A) the staffing ratio requirements, case 
management requirements, telephone call ac-
cess, legal services access, education and recre-
ation requirements, and medical and mental 
health services requirements that apply to 
childcare facilities; and 
(B) the facility standards under the Prison 
Rape Elimination Act of 2003 (34 U.S.C. 
30301 et seq.). 
(3) WITHIN 30 DAYS.—Not later than 30 days 
after the date on which an influx facility commences 
operation, the influx facility shall achieve compliance 
with all standards set forth in title II, including 
State licensing standards. 
(c) CONTRACTOR STANDARDS.—The Director may 
not enter into a contract with any entity to operate an 
influx facility, unless the entity has each of the following: 
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(1) Demonstrated experience in providing serv-
ices for unaccompanied noncitizen children or chil-
dren in foster care. 
(2) A plan for placement of children for whom 
no sponsor has been identified. 
(3) A plan for— 
(A) identifying, and immediately notifying 
the Director with respect to, any child believed 
to have been erroneously transferred to, or in 
care at, the influx facility contrary to the limi-
tations set forth in paragraphs (1) and (2) of 
section 303(c); and 
(B) not later than 10 days after identi-
fying such a child, transferring the child to an 
appropriate placement. 
(4) An emergency plan that includes protections 
against transmission of COVID–19 and other infec-
tious diseases, including a plan— 
(A) to provide regular testing for any ap-
plicable disease; 
(B) to comply with service standards for 
quarantine with respect to any such disease 
that mirror the services and guidance for chil-
dren and congregate care settings recommended 
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by the Centers for Disease Control and Preven-
tion; and 
(C) to ensure access to immunizations for 
unaccompanied noncitizen children in the influx 
facility, in accordance with any applicable guid-
ance of the Centers for Disease Control and 
Prevention. 
(5) Emergency response protocols for place-
ment, care, and transfer of children, which reduce 
the amount of time a child is in an emergency influx 
facility. 
(6) A clear organizational chart, reporting 
structure, and contact information. 
(7) A staffing plan that includes maintaining 
specified case manager-to-child ratios and a specified 
number of case manager visits with a child each 
week. 
(8) A training plan for case managers that in-
cludes in-service coaching and individual support for 
a case manager’s first 30 days as an employee of the 
entity. 
(9) A written code of conduct that is— 
(A) distributed to all officers, employees, 
and volunteers; and 
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(B) contains clear boundaries for working 
with and around children. 
(10) Written ethical standards that are— 
(A) distributed to all officers, employees, 
and volunteers; and 
(B) based on accepted child welfare prin-
ciples and best practices. 
(11) Data systems that meet the data and qual-
ity standards described in section 602 for tracking 
children through intake, case management, transpor-
tation, and placements. 
(d) WAIVER.— 
(1) IN GENERAL.—In the case of an influx fa-
cility, the Director may waive compliance with a 
standard or procedure under title II for a period of 
not more than 30 days. 
(2) NOTICE
TO
CONGRESS.—If the Director 
waives compliance with the requirement that an in-
flux facility shall be licensed by the State in which 
it is located, the Director shall provide to Congress 
notice of such waiver, which shall include— 
(A) a justification for the waiver; and 
(B)(i) a plan for the influx facility to ob-
tain such licensing; or 
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(ii) in the case of an influx facility that will 
be unable to obtain such licensing— 
(I) an explanation of the reason 
that— 
(aa) licensing is not possible; and 
(bb) the particular influx facility 
was chosen and remains operationally 
necessary. 
(e) REPORTING MECHANISMS.—The Director shall 
establish clear procedures— 
(1) for unaccompanied noncitizen children at 
influx facilities to directly and confidentially report 
incidents of abuse or neglect at influx facilities to 
the Ombudsperson, consulates, and State authori-
ties; and 
(2) to allow State child protective services im-
mediate access to any influx facility to investigate 
any such report. 
(f) STAFFING.— 
(1) BACKGROUND CHECKS.— 
(A) IN GENERAL.—The Director shall en-
sure that a Federal Bureau of Investigation 
background check, and in any applicable State 
a child abuse or neglect check, has been con-
ducted for each influx facility staff member who 
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will have direct contact with unaccompanied 
noncitizen children. 
(B) TIMING OF BACKGROUND CHECKS.— 
The background checks described in subpara-
graph (A) shall be completed before a staff 
member interacts with any unaccompanied non-
citizen child at an influx facility. 
(C) PROHIBITION.—The Director shall en-
sure than an entity with which the Director has 
contracted to operate an influx facility does not 
hire to staff the influx facility any individual 
who has— 
(i) any conviction for child abuse or 
trafficking; or 
(ii) a conviction that is less than 10 
years old the underlying offense of which 
would have a substantial and direct effect 
on the safety of unaccompanied noncitizen 
children. 
(D) SUBMITTAL OF EVIDENCE.—Not later 
than the date on which an influx facility com-
mences operation, the operator of the influx fa-
cility shall submit to the Director and the 
Ombudsperson evidence that background checks 
in accordance with this paragraph— 
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(i) have been completed for the rel-
evant facility staff; and 
(ii) will be completed for all new hires 
going forward. 
(2) FLUENCY IN SPANISH.—Each staff member 
of an influx facility who will have contact with unac-
companied noncitizen children shall— 
(A) be fluent in Spanish and English; and 
(B) have experience in the care of children. 
(3) PEDIATRIC HEALTH SPECIALISTS.—An in-
flux facility shall have onsite pediatric health special-
ists, including a pediatrician, licensed psychologist, 
or psychiatrist who is experienced in the care of chil-
dren. 
(4) RATIOS.—Not later than 15 days after the 
date on which an influx facility commences oper-
ation, the Director shall ensure that the influx facil-
ity maintains staffing ratios as follows: 
(A) During waking hours, not less than 1 
on-duty youth care worker for every 8 unaccom-
panied noncitizen children. 
(B) During sleeping hours, not less than 1 
on-duty youth care worker for every 16 unac-
companied noncitizen children. 
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SEC. 306. MONITORING AND OVERSIGHT. 
(a) SITE VISITS.— 
(1) DIRECTOR.— 
(A) IN
GENERAL.—Not less frequently 
than monthly during the period in which an in-
flux facility is in operation, the Director shall 
conduct a comprehensive onsite monitoring 
visit. 
(B) ELEMENTS.—Each site visit conducted 
under subparagraph (A) shall include— 
(i) an evaluation of the compliance of 
the influx facility with— 
(I) the standards and procedures 
under title II; and 
(II) the facility standards under 
the Prison Rape Elimination Act of 
2003 (34 U.S.C. 30301 et seq.); 
(ii) an assessment of the delivery of, 
and unaccompanied noncitizen children’s 
access to, health care and mental health 
care services; 
(iii) an assessment of unaccompanied 
noncitizen children’s access to counsel and 
legal services; and 
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(iv) private, confidential interviews 
with unaccompanied noncitizen children 
housed in the influx facility. 
(2) INSPECTOR GENERAL.—The Inspector Gen-
eral of the Department of Health and Human Serv-
ices may conduct unscheduled visits to any influx fa-
cility, during which the Inspector General may meet 
confidentially with any unaccompanied noncitizen 
child housed in the influx facility. 
(3) OMBUDSPERSON.—Not less frequently than 
monthly during the period in which an influx facility 
is in operation, the Ombudsperson shall conduct a 
comprehensive onsite visit to monitor for compliance 
with applicable Federal and State law (including 
regulations), including— 
(A) the Flores settlement agreement; 
(B) section 235 of the William Wilberforce 
Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232); and 
(C) this Act. 
(b) TOURS BY APPROVED STAKEHOLDERS.—Not less 
frequently than monthly during the period in which an in-
flux facility is in operation, the Director shall allow ap-
proved stakeholders, including representatives from non-
profit organizations serving or advocating on behalf of un-
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accompanied noncitizen children, to tour the influx facil-
ity. 
TITLE IV—LEGAL REPRESENTA-
TION FOR UNACCOMPANIED 
NONCITIZEN CHILDREN 
SEC. 401. LEGAL ORIENTATION PRESENTATIONS AND 
LEGAL SCREENINGS. 
(a) IN GENERAL.—Not later than 10 days after 
transfer to the custody of the Secretary, an unaccom-
panied noncitizen child shall receive a free legal orienta-
tion presentation and legal screening conducted by a legal 
services provider, which shall include information relating 
to— 
(1) the right to apply for relief from removal; 
(2) the right to request voluntary departure in 
lieu of removal; and 
(3) the right to a hearing before an immigra-
tion judge. 
(b) PRIORITIZATION BEFORE RELEASE.— 
(1) IN GENERAL.—The Director shall make af-
firmative, thorough, and timely efforts to ensure 
that each unaccompanied noncitizen child receives a 
presentation and screening described in subsection 
(a) before release, and in the case of any unaccom-
panied noncitizen child who does not receive a such 
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presentation and screening before release, the Direc-
tor shall ensure that the child receives the presen-
tation and screening on release. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
section may be construed to prohibit the release of 
an unaccompanied noncitizen child to a sponsor 
based solely on not having received such a presen-
tation and screening. 
SEC. 402. LEGAL REPRESENTATION. 
(a) IN GENERAL.—An unaccompanied noncitizen 
child shall be represented by counsel appointed or provided 
by the Secretary, at Government expense, unless the child 
has obtained, at his or her own expense, counsel author-
ized to practice in immigration proceedings. 
(b) PROCEDURE.—Representation under subsection 
(a) shall— 
(1) be appointed or provided by the Secretary 
as expeditiously as possible; 
(2) extend through every stage of removal pro-
ceedings, from the child’s initial appearance through 
the termination of immigration proceedings; and 
(3) include any ancillary matter appropriate to 
such proceedings, even if the child attains 18 years 
of age or is reunified with a parent or legal guardian 
while the proceedings are pending. 
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(c) PRIVATE, CONFIDENTIAL MEETING SPACE.—The 
Director shall ensure that unaccompanied noncitizen chil-
dren are provided access to a private, confidential space 
to meet with legal services providers and a private, con-
fidential telephone line to contact their legal counsel or 
legal services providers at the expense of the government. 
(d) CONTACT WITH LEGAL COUNSEL.—An unaccom-
panied noncitizen child shall be permitted to call or meet 
with his or her legal counsel or legal services provider at 
any time. 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated such sums as may be necessary to 
carry out this section. 
(2) FUNDING.—Amounts made available under 
this section shall be maintained separately from 
amounts designated for childcare facilities. 
(f) SCOPE OF REPRESENTATION.—Government-ap-
pointed counsel may provide to an unaccompanied noncit-
izen child the full scope of representation, including rep-
resentation in— 
(1) any matter relevant to the child’s well- 
being, including conditions of detention and matters 
relating to medical and mental health services and 
medication; 
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(2) placement review hearings; 
(3) sponsorship hearings; and 
(4) any other matter relating to immigration. 
(g) COOPERATION OF OFFICE OF REFUGEE RESET-
TLEMENT REQUIRED.— 
(1) IN GENERAL.—The Director shall ensure 
that the legal counsel of an unaccompanied noncit-
izen child has access to prompt, reasonable, and reg-
ular direct communication with case managers, case 
coordinators, and Federal field specialists overseeing 
the child’s placement, release, family reunification, 
transfer, and medical and mental health services. 
(2) REQUESTS
BY
COUNSEL
FOR
INFORMA-
TION.—On request by the legal counsel or the inde-
pendent legal services provider of an unaccompanied 
noncitizen child, the Director shall provide, not later 
than 7 days after the date on which the request is 
made, the following: 
(A) The names and telephone numbers of 
all prospective sponsors of the unaccompanied 
noncitizen child concerned. 
(B) A copy of the complete Office of Ref-
ugee Resettlement case file and records of the 
unaccompanied noncitizen child concerned. 
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TITLE 
V—APPOINTMENT 
OF 
CHILD ADVOCATES AND IM-
PROVEMENTS TO IMMIGRA-
TION COURTS 
SEC. 501. APPOINTMENT OF CHILD ADVOCATES. 
(a) IN GENERAL.—The Secretary shall appoint inde-
pendent child advocates to unaccompanied noncitizen chil-
dren, including— 
(1) each vulnerable unaccompanied noncitizen 
child in the custody of the Secretary; and 
(2) each vulnerable unaccompanied noncitizen 
child who has been released from such custody. 
(b) EXPANSION OF CHILD ADVOCATE SERVICES.— 
(1) IN GENERAL.—The Secretary shall increase 
funding for child advocate services to facilitate the 
expansion, by not later than the date that is 180 
days after the date of the enactment of this Act, of 
the provision of such services to all locations at 
which— 
(A) unaccompanied noncitizen children in 
the custody of the Secretary are housed; or 
(B) unaccompanied noncitizen children ap-
pear before immigration courts for removal pro-
ceedings. 
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(2) PRIORITIZATION.—In expanding services 
under this subsection, the Secretary shall prioritize 
locations that have the highest numbers of unaccom-
panied noncitizen children in the custody of the Sec-
retary and unaccompanied noncitizen children ap-
pearing before immigration courts. 
(3) ACCESS TO RECORDS.— 
(A) IN GENERAL.—A child advocate ap-
pointed under this section shall have timely ac-
cess to all materials necessary to effectively ad-
vocate for the best interests of the unaccom-
panied noncitizen child concerned, including the 
child’s complete Office of Refugee Resettlement 
case file and records. 
(B) REQUEST.—On request by such a 
child advocate, the Director shall provide a 
complete copy of an unaccompanied noncitizen 
child’s Office of Refugee Resettlement case file 
and records not later than 72 hours after the 
request is made. 
(4) BEST
INTEREST
RECOMMENDATIONS.—A 
child advocate appointed under this section shall 
submit a best interest recommendation based on law, 
policy, medical or behavioral health, and relevant so-
cial science research to any Federal or State agency 
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making a decision with respect to the best interests 
of an unaccompanied noncitizen child, including— 
(A) the Department of Health and Human 
Services; 
(B) the Department of Justice; 
(C) the Department of Homeland Security; 
and 
(D) a Federal, State or Tribal court. 
(5) CONFIDENTIALITY.—All communications 
between child advocates appointed under this section 
and unaccompanied noncitizen children shall be con-
fidential, and such a child advocate may not be com-
pelled to testify or provide evidence, in any pro-
ceeding, with respect to any information or opinion 
conveyed to the child advocate by an unaccompanied 
noncitizen child in the course of serving as child ad-
vocate. 
(6) LEGAL SUPPORT.—The Secretary shall en-
sure that each location at which child advocate serv-
ices are provided under this section is staffed with 
1 or more attorneys who have expertise in immigra-
tion law and child welfare law. 
(7) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as may be necessary to carry out this subsection. 
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SEC. 502. IMMIGRATION COURT IMPROVEMENTS. 
(a) HIRING OF IMMIGRATION JUDGES.— 
(1) IN GENERAL.—To adjudicate pending cases 
and efficiently process future cases, the Attorney 
General shall increase the total number of immigra-
tion judges by not fewer than 75 judges during fis-
cal year 2023. 
(2) QUALIFICATIONS.—The Attorney General 
shall ensure that each immigration judge hired 
under this subsection— 
(A) is highly qualified; 
(B) has substantial experience in the field 
of immigration law; and 
(C) is trained to conduct fair and impartial 
hearings in accordance with applicable due 
process requirements. 
(3) NO PREFERENCE FOR CANDIDATES WITH 
PRIOR SERVICE IN THE FEDERAL GOVERNMENT.—In 
selecting immigration judges under this subsection, 
the Attorney General may not assign any preference 
to a candidate who has prior service in the Federal 
Government over a candidate who has equivalent 
subject matter expertise based on experience in a 
nonprofit organization, private practice, or aca-
demia, but does not have previous Federal service. 
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(b) IMMIGRATION COURT STAFF.—During fiscal year 
2023, the Attorney General shall— 
(1) increase the total number of judicial law 
clerks at the Executive Office for Immigration Re-
view by 75; and 
(2) increase the total number of support staff 
for immigration judges, including legal assistants 
and interpreters, by 300. 
(c) SUPPORT STAFF; OTHER RESOURCES.—The At-
torney General shall ensure that the Executive Office for 
Immigration Review has sufficient support staff, adequate 
technological and security resources, and appropriate fa-
cilities to conduct the immigration proceedings required 
under Federal law. 
(d) LIMITATION.—Amounts appropriated for the Ex-
ecutive Office for Immigration Review or for any other di-
vision, activity, or function of the Department of Justice 
may not be used to implement numeric case load judicial 
performance standards or other standards that could neg-
atively impact the fair administration of justice by the im-
migration courts. 
(e) DOCKET MANAGEMENT
FOR RESOURCE CON-
SERVATION.—Notwithstanding any opposition from the 
Secretary of Homeland Security or the Attorney General, 
immigration judges shall administratively close or termi-
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(aa) claims of abuse, ne-
glect, or mistreatment of noncit-
izen children by the Government 
or any other entity while in im-
migration custody; and 
(bb) 
complaints 
made 
against foster care providers, in-
cluding in the case of such a pro-
vider that is subject to State 
oversight. 
(ii) TIMELINE.—The Ombudsperson 
shall commence an investigation under 
clause (i)(II) not later than 30 days after 
the date on which a claim or complaint de-
scribed in that clause is received. 
(iii) REPORTING OF STATE LICENSING 
VIOLATIONS.—If in the course of an inves-
tigation 
under 
clause 
(i)(II)(bb) 
the 
Ombudsperson discovers a State licensing 
violation, the Ombudsperson shall report 
the violation to the child welfare licensing 
agency of the applicable State. 
(iv) 
PROCEDURES.—The 
Ombudsperson shall establish a procedure 
for conducting investigations, receiving and 
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(II) ELEMENTS.—Each report 
under subclause (I) shall include the 
following: 
(aa) For the preceding fiscal 
year, the accomplishments and 
challenges relating to such imple-
mentation and compliance. 
(bb) A summary of com-
plaints made and investigations 
carried out during the preceding 
fiscal year, including— 
(AA) the number of 
complaints and number and 
nature of other contacts; 
(BB) the number of 
complaints made, including 
the type and source; 
(CC) the number of in-
vestigations carried out; 
(DD) the trends and 
issues that arose in the 
course of investigating com-
plaints; and 
(EE) the number of 
pending complaints. 
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(cc) For the preceding fiscal 
year, a summary of— 
(AA) each site visit 
conducted; 
(BB) 
any 
interview 
with a noncitizen child or fa-
cility staff; 
(CC) facility audits and 
corrective actions taken or 
recommended; 
(DD) appeals made to 
the Ombudsperson; and 
(EE) any other infor-
mation the Ombudsperson 
considers relevant. 
(dd) A detailed analysis of 
the data collected under section 
602. 
(ee) Recommendations— 
(AA) for improving im-
plementation and compliance 
with 
this 
Act 
and 
the 
amendments made by this 
Act; and 
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