Detailed Instructions: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Problem:SECTION 1. SHORT TITLE.

This Act may be cited as the ''Humane Enforcement and Legal
Protections for Separated Children Act'' or the ''HELP Separated
Children Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Apprehension.--The term ''apprehension'' means the
detention, arrest, or custody by officials of the Department of
Homeland Security or cooperating entities.
(2) Child.--The term ''child'' has the meaning given to the
term in section 101(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1101(b)(1)).
(3) Child welfare agency.--The term ''child welfare
agency'' means the State or local agency responsible for child
welfare services under subtitles B and E of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
(4) Cooperating entity.--The term ''cooperating entity''
means a State or local entity acting under agreement with, or
at the request of, the Department of Homeland Security.
(5) Detention facility.--The term ''detention facility''
means a Federal, State, or local government facility, or a
privately owned and operated facility, that is used to hold
individuals suspected or found to be in violation of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(6) Immigration enforcement action.--The term ''immigration
enforcement action'' means the apprehension of, detention of,
or request for or issuance of a detainer for, 1 or more
individuals for suspected or confirmed violations of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by the
Department of Homeland Security or cooperating entities.
(7) Local education agency.--The term ''local education
agency'' has the meaning given to the term in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(8) NGO.--The term ''NGO'' means a nongovernmental
organization that provides social services or humanitarian
assistance to the immigrant community.

SEC. 3. APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT-RELATED
ACTIVITIES.

(a) Notification.--
(1) Advance notification.--Subject to paragraph (2), when
conducting any immigration enforcement action, the Department
of Homeland Security and cooperating entities shall notify the
Governor of the State, the local child welfare agency, and
relevant State and local law enforcement before commencing the
action, or, if advance notification is not possible,
immediately after commencing such action, of--
(A) the approximate number of individuals to be
targeted in the immigration enforcement action; and
(B) the primary language or languages believed to
be spoken by individuals at the targeted site.
(2) Hours of notification.--Whenever possible, advance
notification should occur during business hours and allow the
notified entities sufficient time to identify resources to
conduct the interviews described in subsection (b)(1).
(3) Other notification.--When conducting any immigration
action, the Department of Homeland Security and cooperating
entities shall notify the relevant local education agency and
local NGOs of the information described in paragraph (1)
immediately after commencing the action.
(b) Apprehension Procedures.--In any immigration enforcement
action, the Department of Homeland Security and cooperating entities
shall--
(1) as soon as possible and not later than 6 hours after an
immigration enforcement action, provide licensed social workers
or case managers employed or contracted by the child welfare
agency or local NGOs with confidential access to screen and
interview individuals apprehended in such immigration
enforcement action to assist the Department of Homeland
Security or cooperating entity in determining if such
individuals are parents, legal guardians, or primary caregivers
of a child in the United States;
(2) as soon as possible and not later than 8 hours after an
immigration enforcement action, provide any apprehended
individual believed to be a parent, legal guardian, or primary
caregiver of a child in the United States with--
(A) free, confidential telephone calls, including
calls to child welfare agencies, attorneys, and legal
services providers, to arrange for the care of children
or wards, unless the Department of Homeland Security
has reasonable grounds to believe that providing
confidential phone calls to the individual would
endanger public safety or national security; and
(B) contact information for--
(i) child welfare agencies in all 50
States, the District of Columbia, all United
States territories, counties, and local
jurisdictions; and
(ii) attorneys and legal service providers
capable of providing free legal advice or free
legal representation regarding child welfare,
child custody determinations, and immigration
matters;
(3) ensure that personnel of the Department of Homeland
Security and cooperating entities do not--
(A) interview individuals in the immediate presence
of children; or
(B) compel or request children to translate for
interviews of other individuals who are encountered as
part of an immigration enforcement action; and
(4) ensure that any parent, legal guardian, or primary
caregiver of a child in the United States--
(A) receives due consideration of the best
interests of his or her children or wards in any
decision or action relating to his or her detention,
release, or transfer between detention facilities; and
(B) is not transferred from his or her initial
detention facility or to the custody of the Department
of Homeland Security until the individual--
(i) has made arrangements for the care of
his or her children or wards; or
(ii) if such arrangements are impossible,
is informed of the care arrangements made for
the children and of a means to maintain
communication with the children.
(c) Nondisclosure and Retention of Information About Apprehended
Individuals and Their Children.--
(1) In general.--Information collected by child welfare
agencies and NGOs in the course of the screenings and
interviews described in subsection (b)(1) about an individual
apprehended in an immigration enforcement action may not be
disclosed to Federal, State, or local government entities or to
any person, except pursuant to written authorization from the
individual or his or her legal counsel.
(2) Child welfare agency or ngo recommendation.--
Notwithstanding paragraph (1), a child welfare agency or NGO
may--
(A) submit a recommendation to the Department of
Homeland Security or cooperating entities regarding
whether an apprehended individual is a parent, legal
guardian, or primary caregiver who is eligible for the
protections provided under this Act; and
(B) disclose information that is necessary to
protect the safety of the child, to allow for the
application of subsection (b)(4)(A), or to prevent
reasonably certain death or substantial bodily harm.

SEC. 4. ACCESS TO CHILDREN, LOCAL AND STATE COURTS, CHILD WELFARE
AGENCIES, AND CONSULAR OFFICIALS.

(a) In General.--The Secretary of Homeland Security shall ensure
that all detention facilities operated by or under agreement with the
Department of Homeland Security implement procedures to ensure that the
best interest of the child, including the best outcome for the family
of the child, can be considered in any decision and action relating to
the custody of children whose parent, legal guardian, or primary
caregiver is detained as the result of an immigration enforcement
action.
(b) Access to Children, State and Local Courts, Child Welfare
Agencies, and Consular Officials.--At all detention facilities operated
by, or under agreement with, the Department of Homeland Security, the
Secretary of Homeland Security shall--
(1) ensure that individuals who are detained by reason of
their immigration status may receive the screenings and
interviews described in section 3(b)(1) not later than 6 hours
after their arrival at the detention facility;
(2) ensure that individuals who are detained by reason of
their immigration status and are believed to be parents, legal
guardians, or primary caregivers of children in the United
States are--
(A) permitted daily phone calls and regular contact
visits with their children or wards;
(B) able to participate fully, and to the extent
possible in-person, in all family court proceedings and
any other proceeding impacting upon custody of their
children or wards;
(C) able to fully comply with all family court or
child welfare agency orders impacting upon custody of
their children or wards;
(D) provided with contact information for family
courts in all 50 States, the District of Columbia, all
United States territories, counties, and local
jurisdictions;
(E) granted free and confidential telephone calls
to child welfare agencies and family courts;
(F) granted free and confidential telephone calls
and confidential in-person visits with attorneys, legal
representatives, and consular officials;
(G) provided United States passport applications
for the purpose of obtaining travel documents for their
children or wards;
(H) granted adequate time before removal to obtain
passports and other necessary travel documents on
behalf of their children or wards if such children or
wards will accompany them on their return to their
country of origin or join them in their country of
origin; and
(I) provided with the access necessary to obtain
birth records or other documents required to obtain
passports for their children or wards; and
(3) facilitate the ability of detained parents, legal
guardians, and primary caregivers to share information
regarding travel arrangements with their children or wards,
child welfare agencies, or other caregivers well in advance of
the detained individual's departure from the United States.

SEC. 5. MEMORANDA OF UNDERSTANDING.

The Secretary of Homeland Security shall develop and implement
memoranda of understanding or protocols with child welfare agencies and
NGOs regarding the best ways to cooperate and facilitate ongoing
communication between all relevant entities in cases involving a child
whose parent, legal guardian, or primary caregiver has been apprehended
or detained in an immigration enforcement action to protect the best
interests of the child and the best outcome for the family of the
child.

SEC. 6. MANDATORY TRAINING.

The Secretary of Homeland Security, in consultation with the
Secretary of Health and Human Services and independent child welfare
experts, shall require and provide in-person training on the
protections required under sections 3 and 4 to all personnel of the
Department of Homeland Security and of States and local entities acting
under agreement with the Department of Homeland Security who regularly
come into contact with children or parents in the course of conducting
immigration enforcement actions.

SEC. 7. RULEMAKING.

Not later than 120 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall promulgate regulations to
implement this Act.

SEC. 8. SEVERABILITY.

If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding.
Solution:
Humane Enforcement and Legal Protections for Separated Children Act or the HELP Separated Children Act - Sets forth apprehension procedures for immigration enforcement-related activities engaged in by the Department of Homeland Security (DHS) and cooperating entities, including: (1) providing the governor, local child welfare agencies, and local law enforcement with advance notice of an enforcement activity, if possible; (2) providing child welfare agencies and community organizations access to detained individuals to help DHS identify detainees who have children; (3) permitting detainees with children to make free phone calls to arrange for such children's care; and (4) requiring that the interests of children be considered in decisions regarding detainee release, detention, or transfer.

Directs the Secretary of Homeland Security to: (1) require DHS detention facilities to implement procedures to ensure that child custody and family interests can be considered in any immigration detention action; (2) develop memoranda of understanding with child welfare agencies and community organizations that protect the best interests of children of detained individuals; and (3) provide DHS personnel with appropriate training.