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H.R. 9805IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 231 · H.R. 9805

Family reunification efforts by Office of Refugee Resettlement

Title II — Standards for Department of Health and Human Services custody of unaccompanied noncitizen children › Subtitle D — Family reunification and standards relating to sponsors

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(a) In general During the period in which an unaccompanied noncitizen child is in the custody of the Secretary, the Director shall— (1) provide individualized, onsite case management and family reunification services; (2) ensure that— (A) a case manager contacts the child not later than 48 hours after the child is transferred to the custody of the Secretary; and (B) in the case of case manager reassignment, the case manager reassigned to the child contacts the child not later than 24 hours after such reassignment; (3) make and document prompt, active, and continuous efforts towards family reunification and release; and (4) work diligently— (A) to review family reunification applications from prospective sponsors; and (B) to assist prospective sponsors in completing such applications and complying with sponsor requirements. (b) Preference for release The Director may release an unaccompanied noncitizen child from the custody of the Secretary to a sponsor who is, in the order of preference, any of the following: (1) A parent. (2) A legal guardian. (3) An adult relative. (4) An adult individual, or an entity, designated by the parent or legal guardian of the unaccompanied noncitizen child as capable and willing to care for the child's well-being, which designation is supported by— (A) a declaration signed by the parent or legal guardian under penalty of perjury before an immigration or consular officer; or (B) such other document that makes such a designation and establishes the affiant’s parentage or guardianship. (5) A licensed program willing to accept legal custody of the child. (6) An adult individual or entity seeking custody of the child. (c) Timelines for reunification The Director shall use the information collected under, and data requirements described in, section 602(b)— (1) to determine the characteristics that exert significant effect on the reunification of unaccompanied noncitizen children with a sponsor; (2) to establish categories of children who exhibit such characteristics, which categories shall distinguish between— (A) (i) children released to parents or legal guardians; and (ii) children released to other sponsors; and (B) (i) children who have home studies mandated by section 235 of the Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); (ii) children granted home studies through the discretion of the Director; and (iii) other children; (3) to establish timelines for reunification appropriate to each such category of children; (4) to monitor ongoing reunification efforts for compliance with such timelines; and (5) to identify systematic barriers to release for children in such categories. (d) Systematic barriers To release The Director shall eliminate any administrative hindrance identified as a systemic barrier to release under subsection (c)(4). (e) Expedited reunification of early childhood minors The Director shall develop procedures to facilitate the expedited reunification of unaccompanied noncitizen children who are early childhood minors with family members seeking to serve as sponsors. (f) Limitation on remote services Case management and family reunification services may only be provided remotely for unaccompanied noncitizen children housed in an influx facility or a childcare facility activated for use during an influx. (g) Recordkeeping The Director shall maintain a written record of the efforts made by the Office of Refugee Resettlement to reunify and release each unaccompanied noncitizen child in the custody of the Secretary.

Sec. 231: Family reunification efforts by Office of Refugee Resettlement · Public Law Tracker