Minimizing transfers

(a) In general The Director shall— (1) minimize transfer of unaccompanied noncitizen children among childcare facilities and between short-term and long-term foster care placements; and (2) ensure that— (A) the Ombudsperson tracks any third or subsequent transfer of a child between childcare facilities or placements; (B) unaccompanied noncitizen children remain in the least restrictive settings that most approximate a family; and (C) unaccompanied noncitizen children who are siblings are housed together in the same childcare facility unless there is an extraordinary need for specialized care, such as inpatient health care services. (b) Notice (1) In general In the case of an unaccompanied noncitizen child who is transferred to another childcare facility or foster family home placement, not less than 48 hours before the transfer occurs, the Director shall— (A) notify the child in a language and format the child understands; and (B) notify and provide a justification for the transfer to the child's sponsor, legal counsel or local legal services provider, and child advocate, as applicable. (2) Exception (A) In general Paragraph (1) shall not apply in an unusual and compelling circumstance, such as— (i) a circumstance in which— (I) the safety of the unaccompanied noncitizen child or any other individual is threatened; or (II) the child has previously attempted to abscond from custody; or (ii) a case in which the unaccompanied noncitizen child’s legal counsel has waived notice under that paragraph. (B) Notice after transfer In the case of a circumstance or waiver described in subparagraph (A), notice shall be provided to the unaccompanied noncitizen child's legal counsel or local legal services provider, and child advocate, as applicable, not later than 24 hours after the transfer. (c) Possessions and legal papers The Director shall ensure that any unaccompanied noncitizen child is transferred with all of his or her possessions and legal papers.