Foster family care

(a) Preference for foster family care (1) In general With respect to an unaccompanied noncitizen child in the custody of the Secretary, the Director shall make active efforts to place the child in the least restrictive setting that most approximates a family and in which the child’s special needs, if any, may be met. (2) Additional consideration Such an unaccompanied noncitizen child shall be placed within reasonable proximity to the location of the child's immigration proceedings, taking into account any special needs of the child before placing the child in a childcare facility. (b) Transitional foster care (1) In general An unaccompanied noncitizen child whose length of care in the custody of the Secretary is anticipated to be not more than 30 days shall be eligible for a transitional foster care placement in a family home licensed to provide such shorter term care. (2) Priority The Director shall prioritize for placement in transitional foster care the following categories of unaccompanied noncitizen children: (A) Unaccompanied noncitizen children under 13 years of age. (B) Sibling groups with 1 or more siblings who are under 13 years of age. (C) Unaccompanied noncitizen children who are pregnant or parenting. (D) Unaccompanied noncitizen children with special needs, including any unaccompanied noncitizen child with a disability. (c) Stays expected To extend more than 30 days (1) In general An unaccompanied noncitizen child whose length of care in the custody of the Secretary is anticipated to be more than 30 days, or a noncitizen who entered the custody of the Secretary as a child and who has reached the age of 18 years, shall be eligible for a long-term foster care placement in the least restrictive setting that most approximates a family and in which the child’s best interests and any special needs may be met. (2) Contracting requirements The Director shall— (A) seek to enter into 1 or more contracts with State-licensed foster care providers for the provision of long-term foster care placements for all eligible unaccompanied noncitizen children; and (B) ensure that such providers accept unaccompanied noncitizen children for placement in a timely manner. (d) Access to foster care for children with disabilities or mental or behavioral health- Related needs (1) In general The Director shall— (A) ensure access to transitional and long-term foster care placements for unaccompanied noncitizen children notwithstanding— (i) disabilities; (ii) behavioral concerns or involvement in the juvenile justice system; (iii) prior incident reports; or (iv) prior or current restrictive placements (as defined in section 226); and (B) seek to enter into 1 or more contracts with foster care providers that have the documented capacity and commitment to accept children regardless of disabilities or mental or behavioral health-related needs. (2) Equal access (A) In general An unaccompanied noncitizen child with mental or behavioral health-related needs who does not pose a documented, imminent threat to himself or herself, to others, or to the community shall be eligible for, and shall be provided equal access to, a foster care placement. (B) Eligibility for transfer If such a child is in a restrictive placement, he or she shall be eligible for direct transfer to a foster care placement. (3) Limitation on refusal of placement A State-licensed program that operates a childcare facility may not refuse placement of an unaccompanied noncitizen child based on a disability or a mental or behavioral health-related need absent individualized documentation that— (A) State licensing requirements bar acceptance of the specific unaccompanied noncitizen child based on the child's individual needs; and (B) a request for a variance from such a requirement has been denied or is unavailable under State law. (e) Background checks (1) In general The Director shall ensure that a Federal Bureau of Investigation background check and, in any applicable State, a child abuse or neglect registry check, has been conducted for each resident of a foster care placement for an unaccompanied noncitizen child. (2) Limitation on denial of placement The Director shall deny the foster care placement for an unaccompanied noncitizen child if the criminal history of a resident of a potential foster care placement— (A) includes a conviction for child abuse or trafficking; or (B) includes a conviction that has a direct and immediate impact on the safety of the unaccompanied noncitizen child.