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H.R. 9805IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 203 · H.R. 9805

Staffing and training

Title II — Standards for Department of Health and Human Services custody of unaccompanied noncitizen children › Subtitle A — Standards for foster care homes and childcare facilities

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(a) Federal field specialists The Director shall— (1) maintain for each childcare facility a reasonable Federal field specialist-to-unaccompanied noncitizen child ratio; (2) hire additional Federal field specialists as necessary to ensure that, for the majority of unaccompanied noncitizen children in the custody of the Secretary, a decision regarding their release can be made by Federal field specialists not later than 48 hours after the approval of a release recommendation to a sponsor; and (3) develop and manage a plan for expeditiously placing unaccompanied noncitizen children who have no identified sponsor in the least restrictive setting that most approximates a family. (b) Case management specialists The Director shall ensure that each State-licensed program that operates a childcare facility— (1) maintains a ratio of 8 unaccompanied noncitizen children to each case management specialist; (2) provides training for case management specialists that enables the Department of Health and Human Services to meet required timelines for the reunification of unaccompanied noncitizen children in accordance with section 231(c); and (3) develops accountability measures with respect to the adherence of case management specialists to such timelines. (c) Contingency fund To address emergent needs (1) In general In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Services, out of any money in the Treasury not otherwise appropriated, $46,500,000, to remain available until expended, for a contingency fund (referred to in this section as the Fund) for the hiring of case management specialists as required by an influx or any other emergent situation for the purpose of facilitating the release process and minimizing the risk that childcare facilities reach full capacity. (2) Use of fund (A) Discretionary use The Director may draw upon the Fund to reduce the ratio to 6 unaccompanied noncitizen children for each case management specialist if— (i) the national utilization rate (excluding funded but unplaceable beds and calculated as the number of filled beds divided by the number of beds available for placement, expressed as a percentage) reaches or exceeds 65 percent in any week; or (ii) the Director certifies to Congress that the rate of increase in childcare facility usage, as calculated by the Director for purposes of section 602(b)(3)(F)(i)(VI), has led the Director to believe that such national utilization rate will reach 90 percent in any week during the subsequent 10-week period. (B) Mandatory use The Director shall draw upon the Fund to reduce the ratio to 6 unaccompanied noncitizen children for each case management specialist if such national utilization rate reaches or exceeds 90 percent in any week. (d) Training (1) In general With respect to the personnel of a State-licensed program that operates a childcare facility, the Director shall provide regular in-person training, and a coaching plan with support for 30 days, for such personnel who interact with unaccompanied noncitizen children, including youth care workers, that is— (A) specific to the age and gender of the unaccompanied noncitizen children at the specific childcare facility; and (B) consistent across the Office of Refugee Resettlement's network of State-licensed programs. (2) Topics The training required by paragraph (1) shall address the following topics: (A) Ethical standards of conduct based on accepted child welfare principles with respect to the care of unaccompanied noncitizen children. (B) Mental health and trauma. (C) Child development. (D) Prevention of sexual abuse and harassment. (E) Cultural humility. (F) Racial sensitivity. (G) De-escalation techniques to avert unnecessary involvement of local law enforcement prior to exhaustion of alternative, trauma-informed care, treatment, and restorative responses. (H) Disabilities. (3) Specific training for staff working with early childhood minors The Director shall ensure that personnel who interact with unaccompanied noncitizen children who are early childhood minors receive specialized training relevant to the needs and capacities of such children. (4) Development of training materials The Director, in collaboration with stakeholders who have expertise in child migration, child mental health, and child development, shall— (A) develop written, audio, or visual materials with which training under this subsection may be conducted; and (B) before distribution to personnel of such State-licensed programs, provide the Ombudsperson with such materials. (5) Department of Health and Human Services staff Not later than 90 days after the date of the enactment of this Act, the Secretary shall provide appropriate guidance and training for all Department of Health and Human Services employees with respect to the requirements of this Act.

Sec. 203: Staffing and training · Public Law Tracker