Influx facility standards and staffing

(a) Operation of influx facilities In the event that the operation of an influx facility cannot be avoided, the Director may operate an influx facility in accordance with this section. (b) Standards (1) In general An influx facility that does not meet the standards described in this subsection may not be used to house any child, and children housed at such an influx facility shall be transferred out of the influx facility immediately. (2) First day of operation On the first day of operation, an influx facility shall be in compliance with— (A) the staffing ratio requirements, case management requirements, telephone call access, legal services access, education and recreation requirements, and medical and mental health services requirements that apply to childcare facilities; and (B) the facility standards under the Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.). (3) Within 30 days Not later than 30 days after the date on which an influx facility commences operation, the influx facility shall achieve compliance with all standards set forth in title II, including State licensing standards. (c) Contractor standards The Director may not enter into a contract with any entity to operate an influx facility, unless the entity has each of the following: (1) Demonstrated experience in providing services for unaccompanied noncitizen children or children in foster care. (2) A plan for placement of children for whom no sponsor has been identified. (3) A plan for— (A) identifying, and immediately notifying the Director with respect to, any child believed to have been erroneously transferred to, or in care at, the influx facility contrary to the limitations set forth in paragraphs (1) and (2) of section 303(c); and (B) not later than 10 days after identifying such a child, transferring the child to an appropriate placement. (4) An emergency plan that includes protection against transmission of COVID–19 and other infectious diseases, including a plan— (A) to provide regular testing for any applicable disease; (B) to comply with service standards for quarantine with respect to any such disease that mirror the services and guidance for children and congregate care settings recommended by the Centers for Disease Control and Prevention; and (C) to ensure access to immunizations for unaccompanied noncitizen children in the influx facility, in accordance with any applicable guidance of the Centers for Disease Control and Prevention. (5) Emergency response protocols for placement, care, and transfer of children, which reduce the amount of time a child is in an emergency influx facility. (6) A clear organizational chart, reporting structure, and contact information. (7) A staffing plan that includes maintaining specified case manager-to-child ratios and a specified number of case manager visits with a child each week. (8) A training plan for case managers that includes in-service coaching and individual support for a case manager’s first 30 days as an employee of the entity. (9) A written code of conduct that is— (A) distributed to all officers, employees, and volunteers; and (B) contains clear boundaries for working with and around children. (10) Written ethical standards that are— (A) distributed to all officers, employees, and volunteers; and (B) based on accepted child welfare principles and best practices. (11) A written security plan to protect against unauthorized access to the influx facility and other potential threats. (12) Data systems that meet the data and quality standards described in section 602 for tracking children through intake, case management, transportation, and placement. (d) Waiver (1) In general In the case of an influx facility, the Director may waive compliance with a standard or procedure under title II for a period of not more than 30 days. (2) Notice to Congress If the Director waives compliance with the requirement that an influx facility shall be licensed by the State in which it is located, the Director shall provide to Congress notice of such waiver, which shall include— (A) a justification for the waiver; and (B) (i) a plan for the influx facility to obtain such licensing; or (ii) in the case of an influx facility that will be unable to obtain such licensing— (I) an explanation of the reason that— (aa) licensing is not possible; and (bb) the particular influx facility was chosen and remains operationally necessary. (e) Reporting mechanisms The Director shall establish clear procedures— (1) for unaccompanied noncitizen children at influx facilities to directly and confidentially report incidents of abuse or neglect at influx facilities to the Ombudsperson, consulates, and State authorities; and (2) to allow State child protective services immediate access to any influx facility to investigate any such report. (f) Staffing (1) Background checks (A) In general The Director shall ensure that a Federal Bureau of Investigation background check, and in any applicable State a child abuse or neglect check, has been conducted for each influx facility staff member who will have direct contact with unaccompanied noncitizen children. (B) Timing of background checks The background checks described in subparagraph (A) shall be completed before a staff member interacts with any unaccompanied noncitizen child at an influx facility. (C) Prohibition The Director shall ensure than an entity with which the Director has contracted to operate an influx facility does not hire as staff of the influx facility any individual who has— (i) any conviction for child abuse or trafficking; or (ii) a conviction that is less than 10 years old the underlying offense of which would have a substantial and direct effect on the safety of unaccompanied noncitizen children. (D) Submission of evidence Not later than the date on which an influx facility commences operation, the operator of the influx facility shall submit to the Director and the Ombudsperson evidence that background checks in accordance with this paragraph— (i) have been completed for the relevant facility staff; and (ii) will be completed for all new hires going forward. (2) Fluency in Spanish Each staff member of an influx facility who will have contact with unaccompanied noncitizen children shall— (A) be fluent in Spanish and English; and (B) have experience in the care of children. (3) Pediatric health specialists An influx facility shall have onsite pediatric health specialists, including a pediatrician, licensed psychologist, or psychiatrist who is experienced in the care of children. (4) Ratios Not later than 15 days after the date on which an influx facility commences operation, the Director shall ensure that the influx facility maintains staffing ratios as follows: (A) During waking hours, not less than 1 on-duty youth care worker for every 8 unaccompanied noncitizen children. (B) During sleeping hours, not less than 1 on-duty youth care worker for every 16 unaccompanied noncitizen children.