Detention of children

(a) Limitation Except as provided in section 5, the Department may not detain a child, an individual with a cognitive disability, or a primary caregiver of a child or individual with a cognitive disability. (b) Parental notice and reporting If a detention is permitted under section 5, the Department may not detain any child or individual with a cognitive disability without the confirmed notification of a parent or legal guardian of such child or individual. All such detentions shall be reported to Congress not later than 24 hours after the Department takes such a child or individual into custody. (c) Limitation on detention of primary caregivers There shall be a presumption that a primary caregiver of a child or an individual with a cognitive disability may not be detained unless the Department Secretary documents, based on clear and convincing evidence that has been provided to the primary caregiver of such child or individual, that release of the primary caregiver is unreasonable or impracticable. (d) Release to designated caregiver or child welfare authority (1) In general If a child or an individual with a cognitive disability is detained by the Department in violation of subsection (a), the Department shall prioritize the prompt release of such child or individual to— (A) a parent or legal guardian; (B) a designated caregiver identified by a parent or legal guardian of such child or individual; (C) the appropriate State or local child or adult protective services agency; or (D) appropriate officials of the Department of Health and Human Services Office of Refugee Resettlement, if appropriate and practicable. (2) Recognition of delegated parental authority For purposes of paragraph (1)(B), the Department shall recognize and give effect to any written instrument executed by a parent or legal guardian that delegates temporary caregiving authority or parental authority to another individual, including a power of attorney or other document authorized under applicable State law. (3) Verification The Department may take reasonable steps to verify the identity of the designated caregiver or the authenticity of the written instrument described in paragraph (2), but such verification shall not unreasonably delay the release of the child or individual with a cognitive disability. (4) Best interests of the child All determinations made under this subsection shall be guided by the best interests of the child or individual with a cognitive disability.