Required services

(a) Provision of required services A State-licensed program that operates a childcare facility shall provide the following services for each unaccompanied noncitizen child in its care: (1) On admission to the childcare facility, a comprehensive orientation regarding— (A) the rights of the unaccompanied noncitizen child; (B) the role of the State-licensed program; (C) the services, rules, procedures, and expectations of the State-licensed program; and (D) the availability of legal assistance. (2) Proper physical care and maintenance, including suitable living accommodations, food, appropriate clothing, and personal hygiene items. (3) Not later than 2 business days after admission to the childcare facility, a comprehensive medical examination that includes screening for infectious disease. (4) Appropriate, ongoing, and routine medical and dental care, as prescribed by a licensed physician, advanced practice provider, nurse, or physician assistant, including— (A) reproductive health and family planning services; (B) emergency health care services; (C) immunizations in accordance with the Centers for Disease Control and Prevention guidelines; (D) administration of prescribed medication and special diets; and (E) mental health screening and intervention, including referrals. (5) An individualized needs assessment, which shall include the following: (A) Collection of essential data relating to the identification and history of the unaccompanied noncitizen child and family. (B) Identification of any special needs of the unaccompanied noncitizen child, including any need that requires immediate intervention. (C) An educational assessment and plan. (D) An assessment of family relationships. (E) A statement of religious preference and practice. (F) An assessment of the personal goals, strengths, and weaknesses of the unaccompanied noncitizen child. (G) Collection of identifying information regarding immediate family members, other relatives, godparents, or friends who may be residing in the United States and who may be able to assist in family reunification. (6) A comprehensive individual plan for the care of the unaccompanied noncitizen child, which shall be— (A) developed in accordance with the child’s needs, as determined by the individualized needs assessment under paragraph (5); and (B) implemented and closely coordinated through an operative case management system. (7) Education services, as described in section 425. (8) Recreational activities, as described in section 426. (9) Counseling services, including— (A) not fewer than 2 weekly individual counseling sessions conducted by licensed mental health professionals, including social workers, psychologists, and psychiatric staff; and (B) not fewer than 1 weekly group counseling session conducted by licensed mental health professionals, including social workers, psychologists, or psychiatric staff. (10) Acculturation and adaptation services, including the provision of information regarding the development of social and interpersonal skills. (11) Religious and spiritual services of the unaccompanied noncitizen child's choice, if any. (12) Case management services designed to identify relatives or prospective sponsors in the United States and ensure the quick release of the unaccompanied noncitizen child from the custody of the Secretary. (13) Visitation and contact with family members, regardless of the immigration status of the family members. An unaccompanied noncitizen child and family members of such a child shall be provided with a private, confidential space to meet in during such visitation. The Secretary of Homeland Security may not pursue enforcement actions against such family members during or immediately before or after such visitation. (14) Telephone and video access for contacting parents, family members, and caregivers, in a private space that ensures confidentiality, at no cost to the unaccompanied noncitizen child, family member, or caregiver. An unaccompanied noncitizen child shall be permitted such access not fewer than 4 times weekly for a period of not less than 30 minutes each time. (15) A reasonable right to privacy, including the right of the unaccompanied noncitizen child— (A) to wear the child's own clothes, as available; (B) to retain a private space in the childcare facility for the storage of personal belongings; (C) to talk privately on the telephone, as permitted by the rules and regulations of the State-licensed program; (D) to visit privately with guests, as permitted by such rules and regulations; and (E) to receive and send uncensored correspondence. (16) Legal services information regarding the availability of free legal assistance, the right to be represented by counsel, screenings and legal orientation presentations, and facilitated, confidential access to counsel, as described in part IV. (b) Considerations for provision of services A State-licensed program that operates a childcare facility shall provide the services described in subsection (a) in a manner that is sensitive to the age, culture, native language, and complex needs of each unaccompanied noncitizen child. (c) Rules and discipline standards (1) In general The rules and discipline standards of such a State-licensed program shall be— (A) formulated with consideration given to the age ranges, developmental stages, and degree of trauma experienced by the unaccompanied noncitizen children in the applicable childcare facility; and (B) culturally sensitive to the needs of such children. (2) Prohibited measures Such a State-licensed program may not subject any unaccompanied noncitizen child to— (A) corporal punishment, physical or chemical restraint, seclusion, humiliation, verbal or mental abuse, or punitive interference with the daily functions of living, such as eating, sleeping, or bathroom access; or (B) any disciplinary measure that— (i) adversely affects the health or physical or psychological well-being of the unaccompanied noncitizen child; or (ii) denies an unaccompanied noncitizen child regular meals, water, sleep, exercise, medical care, correspondence privileges, legal assistance, education, recreation, bathroom access, or any other service described in subsection (a). (d) Recordkeeping (1) Individual case records The operator of each childcare facility and influx facility shall develop, maintain, and safeguard individual client case records on each unaccompanied noncitizen child in care at the facility. (2) Confidentiality The operator of each childcare facility and influx facility shall develop and maintain a system of accountability that preserves the confidentiality of client information and protects such records from unauthorized use or disclosure in accordance with section 494. (3) Reporting The operator of each childcare facility and influx facility shall maintain adequate records and make regular reports, as required by the Ombudsperson, that permit the Ombudsperson to monitor and enforce this subtitle, the amendments made by this subtitle, and any other requirement or standard determined by the Ombudsperson to be in the best interests of unaccompanied noncitizen children.