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H.R. 9805IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 221 · H.R. 9805

Phasing out large congregate care facilities

Title II — Standards for Department of Health and Human Services custody of unaccompanied noncitizen children › Subtitle C — Placement of children

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(a) Definition of large congregate care facility In this section, the term large congregate care facility means a facility intended to house more than 25 individuals at a time. (b) Phaseout (1) In general Beginning on the date that is 2 years after the date of the enactment of this Act— (A) the Director may not place an unaccompanied noncitizen child in a large congregate care facility; and (B) no Federal funds shall be made available for the purpose of— (i) housing an unaccompanied noncitizen child in such a facility; or (ii) placing an unaccompanied noncitizen child in any congregate care facility for a period longer than 14 days. (2) Exception Paragraph (1) shall not apply to any of the following: (A) An influx facility. (B) A setting specializing in prenatal, postpartum, or parenting support for youth. (C) A supervised independent living setting under the post-18 program described in section 243(c). (D) A program addressing the needs of victims of trafficking. (E) A qualified residential treatment program specifically designed to meet the needs of a child with serious emotional or behavioral health needs. (c) Plan required (1) In general The Director shall develop a plan to eliminate the use of large congregate care facilities by the date that is 2 years after the date of the enactment of this Act. (2) Elements The plan required by paragraph (1) shall include the following: (A) Specific measures the Director will take to eliminate the use of such facilities. (B) Performance benchmarks that require the Director to place unaccompanied noncitizen children in compliant congregate care facilities as follows: (i) 25 percent of such children not later than the date that is 1 year after the date of the enactment of this Act. (ii) 75 percent of such children not later than 545 days after such date of enactment. (iii) 100 percent of such children not later than 2 years after such date of enactment. (3) Submittal to Congress Not later than 90 days after the date of the enactment of this Act, the Director shall submit to Congress the plan developed under paragraph (1). (d) Transitional support for nongovernmental organizations To the extent that the transition to childcare facilities housing 25 unaccompanied noncitizen children or fewer affects nongovernmental organizations that provide services to such children, the Director shall increase funding to such organizations— (1) to prevent a disruption or decrease in services; (2) to establish centralized locations for unaccompanied noncitizen children to receive services from such organizations; and (3) to increase funding for representation of released children.

Sec. 221: Phasing out large congregate care facilities · Public Law Tracker