Special considerations relating to release of children with disabilities

(a) In general The Director may not delay the release of an unaccompanied noncitizen child based solely on a pending evaluation for services under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). (b) Supporting evidence required for determination not To release A determination by the Director not to release an unaccompanied noncitizen child receiving services under such section based on a prospective sponsor’s inability to meet the needs of the child shall be supported by evidence of efforts by the Director to educate, and provide concrete resources and support to, the prospective sponsor through the provision of post-release services. (c) Release to parents The Director may not deny the reunification of an unaccompanied noncitizen child receiving services under such section with his or her parent absent a determination supported by clear and convincing evidence that— (1) custody of the child by the parent is likely to result in serious emotional or physical damage to the child; and (2) continued Office of Refugee Resettlement custody is the least restrictive setting that is in the best interests of the child. (d) Review (1) In general With respect to a determination by the Director not to release an unaccompanied noncitizen child receiving services under such section based on an assessment that the child is a danger to himself or herself or to others, a review of such determination shall be carried out by an independent third-party licensed psychologist or psychiatrist who is experienced in the care of children before the date on which the sponsorship hearing under section 232(b)(3) occurs. (2) Procedure A review under paragraph (1) shall— (A) be carried out using a standardized method for evaluating the data and shall include the rationale for denying release; and (B) consider the availability of assistive services or technology that could be provided to the unaccompanied noncitizen child concerned if he or she were released. (3) Availability Such a review shall be made in writing and made available to the unaccompanied noncitizen child and the child's legal counsel before the date on which a sponsorship hearing under section 232(b)(3) occurs. (e) Office of Refugee Resettlement support for sponsors With respect to children with disabilities released from the custody of the Secretary, the Director shall support and assist sponsors in accessing and coordinating post-release community-based services and support or technology, to the extent such services and support are available. (f) Alternative placement If a sponsor is not identified for an unaccompanied noncitizen child who receives services under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Director shall make every effort to place the child in therapeutic foster care, foster care, or the Unaccompanied Refugee Minor program.