To amend part E of title IV of the Social Security Act to ensure that immigration status alone does not disqualify a parent, legal guardian, or relative from being a placement for a foster child, to prohibit a State, county, or other political subdivision of a State from filing for termination of parental rights in foster care cases in which an otherwise fit and willing parent or legal guardian has been deported or is involved in (including detention pursuant to) an immigration proceeding, unless certain conditions have been met, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Help Separated Families Act of 
2012''.

SEC. 2. IMMIGRATION STATUS ALONE NOT A DISQUALIFICATION FROM BEING A 
              PLACEMENT FOR A FOSTER CHILD.

    Section 471(a)(19) of the Social Security Act (42 U.S.C. 
671(a)(19)) is amended--
            (1) by striking ``(19) provides that the State'' and 
        inserting the following:
            ``(19) provides that--
                    ``(A) the State''; and
            (2) by adding after and below the end the following:
                    ``(B) such standards shall ensure that the 
                immigration status alone of a parent, legal guardian, 
                or relative shall not disqualify the parent, legal 
                guardian, or relative from being a placement for a 
                child;''.

SEC. 3. STATE PLAN REQUIREMENT TO ACCEPT CERTAIN DOCUMENTS ISSUED BY 
              FOREIGN ENTITIES AS SUFFICIENT IDENTIFICATION FOR 
              PURPOSES OF INITIATING A CRIMINAL RECORDS CHECK OR A 
              FINGERPRINT-BASED CHECK.

    Section 471(a)(20) of the Social Security Act (42 U.S.C. 
671(a)(20)) is amended--
            (1) in subparagraph (A), by inserting ``which procedures 
        shall require the State (including the State agency, the child 
        welfare agency of any county or other political subdivision of 
        the State, and caseworkers and supervisors of any such agency) 
        to accept a foreign consulate identification card, a foreign 
        passport, or such other foreign identification document as may 
        be allowed in regulations prescribed by the Secretary, as 
        sufficient identification for purposes of initiating a criminal 
        records check or a fingerprint-based check,'' before 
        ``including procedures''; and
            (2) in subparagraph (C), by inserting ``, which procedures 
        shall require the State (including the State agency, the child 
        welfare agency of any county or other political subdivision of 
        the State, and caseworkers and supervisors of any such agency) 
        to accept a foreign consulate identification card, a foreign 
        passport, or such other foreign identification document as may 
        be allowed in regulations prescribed by the Secretary, as 
        sufficient identification for purposes of initiating a criminal 
        records check or a fingerprint-based check'' before the 
        semicolon.

SEC. 4. STATE CHILD WELFARE AGENCIES ENCOURAGED TO GRANT WAIVERS OF 
              REQUIREMENTS THAT WOULD PREVENT A CHILD FROM BEING PLACED 
              WITH A RELATIVE ON THE BASIS OF A MINOR LEGAL INFRACTION 
              BY THE RELATIVE.

    It is the sense of the Congress that the child welfare agency of a 
State, or of any county or other political subdivision of a State, 
should grant a waiver of any requirement which would prevent the 
placement of a child with a relative of the child, on the basis of a 
minor legal infraction, if the relative would otherwise be considered 
eligible for such a placement.

SEC. 5. STATE PLAN REQUIREMENT TO NOTIFY RELATIVES SEEKING PLACEMENT OF 
              A CHILD THAT THEIR IMMIGRATION STATUS WILL NOT BE 
              QUESTIONED.

    Section 471(a)(29) of the Social Security Act (42 U.S.C. 
671(a)(29)) is amended--
            (1) by striking ``and'' at the end of subparagraph (C);
            (2) by adding ``and'' at the end of subparagraph (D); and
            (3) by adding at the end the following:
                    ``(E) the immigration status of any such relative 
                seeking placement of the child with the relative shall 
                not be questioned, except to the extent necessary in 
                determining eligibility for relevant services or 
                programs;''.

SEC. 6. PROHIBITION ON STATE FILING FOR TERMINATION OF PARENTAL RIGHTS 
              IN FOSTER CARE CASES IN WHICH OTHERWISE FIT AND WILLING 
              PARENT OR RELATIVE HAS BEEN DEPORTED OR IS INVOLVED IN AN 
              IMMIGRATION PROCEEDING, UNLESS CERTAIN CONDITIONS HAVE 
              BEEN MET.

    Section 475(5)(E) of the Social Security Act (42 U.S.C. 675(5)(E)) 
is amended by adding after and below the end the following flush text:
        ``except that the State, and a county or other political 
        subdivision of the State, shall not file (or join in the filing 
        of such a petition) based on the removal of the parent from the 
        United States or the involvement of the parent in (including 
        detention pursuant to) an immigration proceeding, unless (I) 
        the State (or the county or other political subdivision of the 
        State, as the case may be) has made reasonable efforts to 
        identify, locate, and contact any parent of the child, who has 
        been removed from the United States, and any adult relative of 
        the child, referred to in section 471(a)(29), including through 
        the diplomatic or consular offices of the country to which the 
        parent was removed, to notify such a parent or relative of the 
        intent of the State (or the county or other political 
        subdivision of the State, as the case may be) to file (or join 
        in the filing of) such a petition, and to reunify the child 
        with any such parent or relative; or (II) the parent is unfit 
        or unwilling to be a parent of the child;''.

SEC. 7. EFFECTIVE DATE.

    (a) In General.--The amendments made by this Act shall take effect 
on the 1st day of the 1st fiscal year beginning on or after the date of 
the enactment of this Act, and shall apply to payments under part E of 
title IV of the Social Security Act for calendar quarters beginning on 
or after such date.
    (b) Delay Permitted if State Legislation Required.--If the 
Secretary of Health and Human Services determines that State 
legislation (other than legislation appropriating funds) is required in 
order for a State plan approved under part E of title IV of the Social 
Security Act to meet the additional requirements imposed by the 
amendments made by this Act, the plan shall not be regarded as failing 
to meet any of the additional requirements before the 1st day of the 
1st calendar quarter beginning after the 1st regular session of the 
State legislature that begins after the date of the enactment of this 
Act. For purposes of the preceding sentence, if the State has a 2-year 
legislative session, each year of the session is deemed to be a 
separate regular session of the State legislature.

Summary: Help Separated Families Act of 2012 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to: (1) require state child protection standards to ensure that the immigration status alone of a parent, legal guardian, or relative shall not disqualify the parent, legal guardian, or relative from being a placement for a child; and (2) require the state procedures for criminal records checks to require the state to accept foreign identification documents as sufficient identification for purposes of initiating a criminal records check or a fingerprint-based check.

Expresses the sense of Congress that the child welfare agency of a state, or of any county or other political subdivision of a state, should grant a waiver of any requirement which would prevent the placement of a child with a relative of the child, on the basis of a minor legal infraction, if the relative would otherwise be considered eligible for such a placement.

Requires the state plan for foster care and adoption assistance to notify relatives seeking placement of a child that their immigration status will not be questioned, except to the extent necessary in determining eligibility for relevant services or programs.

Prohibits a state or local government agency from filing for termination of parental rights in foster care cases based on the removal of the parent from the United States or the parent's involvement in an immigration proceeding, unless: (1) the state (or local agency) has made reasonable efforts to notify of the intention to file such a petition any parent of the child who has been removed from the United States, and any adult relative of the child, including through the diplomatic or consular offices of the country to which the parent was removed, and to reunify the child with any such parent or relative; or (2) the parent is unfit or unwilling to be a parent of the child.