Title: Prevent CHILD Harm Act of 2018
Policy area: Immigration

Summary:
Prevent Cruel Handling of Information Leading to Deportation Harm Act of 2018 or the Prevent CHILD Harm Act of 2018
This bill amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to prevent the Department of Health and Human Services (HHS) from considering the immigration status of a proposed custodian when determining whether to place an unaccompanied alien child with such person.
The Department of Homeland Security may not use information provided by an unaccompanied alien child or information initially obtained by HHS to make a suitability, home study, or secure facility determination in order to apprehend or remove from the United States:

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7030 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 7030

  To protect the information obtained by the Secretary of Health and 
 Human Services for the placement of unaccompanied alien children from 
    being used for any purpose other than providing safe and secure 
                  placements, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 2, 2018

Ms. Wasserman Schultz (for herself, Mr. Nadler, Ms. Lofgren, Mr. Cohen, 
Mr. Gutierrez, Ms. Jayapal, Mrs. Demings, Mr. Blumenauer, Mr. Cardenas, 
   Ms. Clarke of New York, Mr. Curbelo of Florida, Ms. DeLauro, Mr. 
 Hastings, Ms. Michelle Lujan Grisham of New Mexico, Mr. McGovern, Ms. 
Norton, Mr. Perlmutter, Ms. Ros-Lehtinen, Ms. Roybal-Allard, Mr. Scott 
  of Virginia, Ms. Shea-Porter, Ms. Titus, Mr. Vargas, Mr. Vela, Ms. 
   Velazquez, Ms. Wilson of Florida, and Mr. Yarmuth) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To protect the information obtained by the Secretary of Health and 
 Human Services for the placement of unaccompanied alien children from 
    being used for any purpose other than providing safe and secure 
                  placements, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prevent Cruel Handling of 
Information Leading to Deportation Harm Act of 2018'' or the ``Prevent 
CHILD Harm Act of 2018''.

SEC. 2. USE OF SPONSORSHIP INFORMATION.

    (a) In General.--Section 235(c)(3) of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232(c)(3)) is amended--
            (1) in subparagraph (A), by inserting after ``mental well-
        being.'' the following: ``In making such a determination, the 
        Secretary may not consider the immigration status of the 
        proposed custodian.''; and
            (2) by adding at the end the following:
                    ``(D) Prohibiting use of certain information.--The 
                Secretary of Homeland Security may not use information 
                provided by an unaccompanied alien child or information 
                initially obtained by the Secretary of Health and Human 
                Services to make a suitability determination under 
                subparagraph (A), a home study determination under 
                subparagraph (B), or a secure facility determination 
                under paragraph (2)(A) for the purpose of apprehending, 
                detaining, or removing from the United States--
                            ``(i) the unaccompanied alien child;
                            ``(ii) the proposed custodian or current 
                        custodian;
                            ``(iii) a resident of the home in which the 
                        proposed custodian or current custodian 
                        resides;
                            ``(iv) the proposed sponsor or current 
                        sponsor; or
                            ``(v) a resident of the home in which the 
                        proposed sponsor or current sponsor resides.''.
    (b) Rules of Construction.--
            (1) Flores settlement agreement.--The amendments made by 
        this Act may not be construed to supersede the terms of the 
        stipulated settlement agreement filed on January 17, 1997, in 
        the United States District Court for the Central District of 
        California in Flores v. Reno, CV 85-4544-RJK, (commonly known 
        as the ``Flores settlement agreement'').
            (2) Child welfare.--The amendments made by this Act may not 
        be construed to prevent the Secretary of Homeland Security from 
        using information obtained by the Secretary of Health and Human 
        Services to investigate or report to the appropriate law 
        enforcement agency or child welfare agency instances of 
        trafficking, abuse, or neglect.
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