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S. 5238IntroducedSenate · nowHousePresidentLawIn committee
Sec. 461 · S. 5238

Appointment of child advocates

Title IV — Reaffirm equal justice under law › Subtitle A — Children's Safe Welcome Act of 2026 › Part V — Appointment of child advocates and improvements to immigration courts

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(a) In general The Secretary shall appoint independent child advocates to unaccompanied noncitizen children, including— (1) each vulnerable unaccompanied noncitizen child in the custody of the Secretary; and (2) each vulnerable unaccompanied noncitizen child who has been released from such custody. (b) Expansion of child advocate services (1) In general The Secretary shall increase funding for child advocate services to facilitate the expansion, by not later than the date that is 180 days after the date of the enactment of this Act, of the provision of such services to all locations at which— (A) unaccompanied noncitizen children in the custody of the Secretary are housed; or (B) unaccompanied noncitizen children appear before immigration courts for removal proceedings. (2) Prioritization In expanding services under this subsection, the Secretary shall prioritize locations that have the highest numbers of unaccompanied noncitizen children in the custody of the Secretary and unaccompanied noncitizen children appearing before immigration courts. (3) Access to records (A) In general A child advocate appointed under this section shall have timely access to all materials necessary to effectively advocate for the best interests of the unaccompanied noncitizen child concerned, including the child's complete Office of Refugee Resettlement case file and records. (B) Request On request by such a child advocate, the Director shall provide a complete copy of an unaccompanied noncitizen child's Office of Refugee Resettlement case file and records not later than 72 hours after the request is made. (4) Best interest recommendations A child advocate appointed under this section shall submit a best interest recommendation based on law, policy, medical or behavioral health, and relevant social science research to any Federal or State agency making a decision with respect to the best interests of an unaccompanied noncitizen child, including— (A) the Department of Health and Human Services; (B) the Department of Justice; (C) the Department of Homeland Security; and (D) a Federal, State, or Tribal court. (5) Confidentiality All communications between child advocates appointed under this section and unaccompanied noncitizen children shall be confidential, and such a child advocate may not be compelled to testify or provide evidence, in any proceeding, with respect to any information or opinion conveyed to the child advocate by an unaccompanied noncitizen child in the course of serving as child advocate. (6) Legal support The Secretary shall ensure that each location at which child advocate services are provided under this section is staffed with 1 or more attorneys who have expertise in immigration law and child welfare law. (7) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subsection.

Sec. 461: Appointment of child advocates · Public Law Tracker