I 
110TH CONGRESS 
2D SESSION 
H. R. 6649 
To amend part E of title IV of the Social Security Act to require States 
to help alien children in the child welfare system apply for all available 
forms of immigration relief, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2008 
Mr. STARK (for himself and Mr. BECERRA) introduced the following bill; 
which was referred to the Committee on Ways and Means 
A BILL 
To amend part E of title IV of the Social Security Act 
to require States to help alien children in the child 
welfare system apply for all available forms of immigra-
tion relief, and for other purposes. 
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 ‘‘Foster Children Op-
portunity Act’’. 
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SEC. 2. STATE PLAN REQUIREMENT TO HAVE PROCEDURES 
TO HELP ALIEN CHILDREN IN THE CHILD 
WELFARE SYSTEM ACHIEVE SPECIAL IMMI-
GRANT JUVENILE STATUS AND LAWFUL PER-
MANENT RESIDENT STATUS. 
Sect. 471(a)(27) of the Social Security Act (42 
U.S.C. 671(a)(27)) is amended by inserting ‘‘, and if the 
child is an alien, for assisting the child in applying for 
special immigrant juvenile status, lawful permanent resi-
dent status, and other forms of relief under immigration 
law, before the child exits foster care, if doing so would 
be in the best interests of the child’’ before the period. 
SEC. 3. REQUIREMENT THAT STATE CHILD WELFARE AGEN-
CIES DOCUMENT THEIR EFFORTS TO PURSUE 
LEGAL IMMIGRANT STATUS FOR ELIGIBLE 
ALIEN FOSTER CHILDREN. 
Section 475(1) of the Social Security Act (42 U.S.C. 
675(1)) is amended by adding at the end the following: 
‘‘(F) In the case of an alien child who may 
qualify for special immigrant juvenile status, 
lawful permanent resident status, and other 
forms of relief under immigration law, docu-
mentation of the steps the agency is taking in 
assisting the child to obtain the status before 
exiting foster care, including whether the req-
uisite petitions have been filed on behalf of the 
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child, and whether assistance has been provided 
to secure immigration legal counsel for the 
child.’’. 
SEC. 4. REQUIREMENT TO FILE PETITIONS FOR SPECIAL 
IMMIGRANT STATUS AND LAWFUL PERMA-
NENT RESIDENT STATUS FOR ALIEN FOSTER 
CHILDREN IN APPROPRIATE CASES. 
Section 475(5)(C)(i) of the Social Security Act (42 
U.S.C. 675(5)(C)(i)) is amended by inserting ‘‘, and, in 
the case of an alien child who will not be returned to a 
parent of the child, the hearing shall determine whether 
petitions for special immigrant juvenile status and lawful 
permanent resident status have been filed on behalf of the 
child and, if such a petition has not been so filed, whether 
it is in the best interests of the child to have such a peti-
tion so filed or to have immigration counsel appointed’’ 
before the semicolon. 
SEC. 5. AUTHORITY TO USE COURT IMPROVEMENT PRO-
GRAM GRANT FUNDS TO EDUCATE AND 
TRAIN JUDGES AND LAWYERS TO ASSIST 
ALIEN CHILDREN IN ACHIEVING SPECIAL IM-
MIGRANT JUVENILE STATUS AND LAWFUL 
PERMANENT RESIDENT STATUS. 
Section 438(a)(2) of the Social Security Act (42 
U.S.C. 629h(a)(2)) is amended— 
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(1) by striking ‘‘and’’ at the end of subpara-
graph (A); 
(2) by adding ‘‘and’’ at the end of subpara-
graph (B); and 
(3) by adding at the end the following: 
‘‘(C) to educate and train judges and at-
torneys to assist alien children in achieving spe-
cial immigrant juvenile status in a timely man-
ner;’’. 
SEC. 6. TECHNICAL ASSISTANCE FOR CHILD WELFARE 
AGENCIES. 
On request of a State child welfare agency for tech-
nical assistance in carrying out the amendments made by 
this Act, the Secretary of Health and Human Services, 
in consultation with the Secretary of Homeland Security, 
shall provide the assistance, and may award grants to and 
enter into contracts with non-profit or other community- 
based service providers to perform the assistance. 
SEC. 7. EFFECTIVE DATE. 
(a) IN GENERAL.—The amendments made by this 
Act shall take effect on 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 quarters beginning on 
or after such date. 
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(b) DELAY PERMITTED IF STATE LEGISLATION RE-
QUIRED.—In the case of a State plan approved under part 
E of title IV of the Social Security Act which the Secretary 
of Health and Human Services determines requires State 
legislation (other than legislation appropriating funds) in 
order for the plan to meet the additional requirements im-
posed by this Act, the State plan shall not be regarded 
as failing to comply with the requirements of such part 
solely on the basis of the failure of the plan to meet such 
additional requirements before the 1st day of the 1st cal-
endar quarter beginning after the close of the 1st regular 
session of the State legislature that ends after the 1-year 
period beginning with the date of the enactment of this 
Act. For purposes of the preceding sentence, in the case 
of a State that 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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