Office of the Ombudsperson for Unaccompanied Noncitizen Children in Immigration Custody

(a) Establishment There is established within the Department of Health and Human Services an Office of the Ombudsperson for Unaccompanied Noncitizen Children (referred to in this section as the Office) to monitor and oversee compliance with this subtitle and the amendments made by this subtitle. (b) Independence The Office shall be an impartial, confidential resource that is fully independent of— (1) the Office of Refugee Resettlement; and (2) the Department of Homeland Security. (c) Ombudsperson (1) In general The Office shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary. (2) Recommendations from stakeholders Before making an appointment under paragraph (1), the Secretary shall solicit and consider candidate recommendations from organizations that provide legal services to, and advocate on behalf of, immigrant children. (3) Limitation on certain former employees The Secretary may not appoint as Ombudsperson any individual who, during the 2-year period preceding the date of appointment, was an employee of the Office of Refugee Resettlement or the Department of Homeland Security. (4) Term (A) In general Subject to subparagraph (C), the term of an Ombudsperson appointed under this subsection shall be not more than 4 years. (B) Consecutive terms An Ombudsperson may be appointed for consecutive terms. (C) Expiration The term of an Ombudsperson shall not expire before the date on which the Ombudsperson's successor is appointed. (5) Removal for cause The Secretary may only remove or suspend an Ombudsperson for neglect of duty or gross misconduct. (6) Duties and authorities (A) Regional offices (i) Establishment The Ombudsperson shall establish not fewer than 7 regional offices of the Office— (I) to strengthen State oversight; (II) to investigate complaints; (III) to coordinate with State licensing entities; and (IV) to identify and address differences among State child protection laws. (ii) Locations (I) In general The regional offices required under clause (i) shall be established in the following locations: (aa) 1 regional office in Texas. (bb) 1 regional office in Arizona. (cc) 1 regional office in California or a State in the Northwest. (dd) 1 regional office in a State in the Midwest. (ee) 1 regional office in a State in the Mid-Atlantic. (ff) 1 regional office in a State in the Northeast. (gg) 1 regional office in a State in the Southeast. (II) Additional locations The Ombudsperson may make a recommendation to the Secretary with respect to the location of any additional regional office. (iii) Appointment of deputies The Ombudsperson shall appoint a full-time deputy for each regional office, who shall serve at the Ombudsperson's discretion. (iv) Applicability of other provisions The regional offices established under this subparagraph shall have the same access to facilities and records, maintain the same rights, roles, and responsibilities, and be subject to the same confidentiality requirements as the Office. (B) Hiring (i) In general The Ombudsperson shall hire to carry out the functions of the Office necessary personnel, including clerical personnel, who shall serve at the discretion of the Ombudsperson. (ii) Subject matter experts The personnel hired under clause (i) shall include relevant subject matter experts, including— (I) legal advocates or specialists in the fields of child and family welfare, immigration, and human rights; (II) pediatricians; (III) child and adolescent psychiatrists and psychologists; (IV) social workers; (V) data analysts with demonstrable expertise in child welfare or immigration; and (VI) youth or young adults with experience as noncitizen children in immigration custody. (C) Monitoring (i) In general The Ombudsperson shall monitor, including by making site visits, for compliance with all applicable law and standards relating to noncitizen children in immigration custody. (ii) Influx facilities The Ombudsperson shall conduct site visits of influx facilities, as described in section 446. (D) Investigations (i) In general The Ombudsperson— (I) may conduct any investigation relating to noncitizen children in immigration custody the Ombudsperson considers necessary; and (II) shall investigate— (aa) claims of abuse, neglect, or mistreatment of noncitizen children by the Government or any other entity while in immigration custody; and (bb) complaints made against foster care providers, including in the case of such a provider that is subject to State oversight. (ii) Timeline The Ombudsperson shall commence an investigation under clause (i)(II) not later than 30 days after the date on which a claim or complaint described in that clause is received. (iii) Reporting of State licensing violations If in the course of an investigation under clause (i)(II)(bb) the Ombudsperson discovers a State licensing violation, the Ombudsperson shall report the violation to the child welfare licensing agency of the applicable State. (iv) Procedures The Ombudsperson shall establish a procedure for conducting investigations, receiving and processing complaints, and reporting findings. (v) Notification (I) Commencement of investigation If the Ombudsperson decides to commence an investigation based on a complaint received, not later than 45 days after the date on which the investigation commences, the Ombudsperson shall so notify the complainant. (II) Decision not to investigate or to discontinue investigation If the Ombudsperson decides not to investigate a complaint or to discontinue an investigation commenced under this subparagraph, not later than 45 days after the date on which such an action is taken, the Ombudsperson shall notify the complainant and provide a reason for such action. (III) Progress and results The Ombudsperson shall provide a complainant with updates on the progress of an investigation and shall notify the complainant of the results of the investigation. (vi) Confidentiality (I) In general All information obtained by the Ombudsperson from a complaint shall be confidential under applicable Federal and State confidentiality law, regardless of whether the Ombudsperson— (aa) investigates the complaint; (bb) refers the complaint to any other entity for investigation; or (cc) determines that the complaint is not a proper subject for an investigation. (II) Disclosure Disclosure of any such information may only occur as necessary to carry out the mission of the Office and as permitted by law. (E) Reporting mechanisms (i) In general The Ombudsperson shall establish and maintain— (I) a public toll-free telephone number to receive complaints and reports of matters for investigation; and (II) a public email address to receive complaints, such reports, and requests for review of placement and sponsorship decisions. (ii) Availability (I) In general The Ombudsperson shall ensure that such telephone number and email address— (aa) are made available, and a telephone is accessible, to all children in immigration custody; and (bb) are made available to prospective sponsors, sponsors, Flores settlement agreement class counsel, and legal services providers and child advocates who serve such noncitizen children. (II) Sponsorship applications The Director shall provide such telephone number and email address to the prospective sponsor of each unaccompanied noncitizen child. (iii) Language access (I) In general Such telephone number and email address shall be posted in public areas of each facility or placement in which 1 or more children in immigration custody are held, in multiple languages, including the top 20 preferred languages. (II) Additional languages The Ombudsperson may require that such contact information be made available and posted in any additional language the Ombudsperson considers necessary based on the demographics of arriving noncitizen children. (F) Hearings The Ombudsperson may hold public hearings as the Ombudsperson considers necessary. (G) Individual case assistance and review (i) In general The Ombudsperson may offer individual case assistance for noncitizen children in immigration custody. (ii) Communication with others In providing such individual case assistance, the Ombudsperson may speak with a noncitizen child’s prospective sponsor, family members, child advocate, legal counsel, case manager, case coordinator, and Office of Refugee Resettlement Federal field specialist staffing the noncitizen child’s case, as applicable. (H) Stakeholder meetings (i) Community stakeholders Not less frequently than quarterly, the Ombudsperson shall invite community stakeholders, including attorneys who represent noncitizen children in immigration custody, to participate in a meeting. (ii) Data tracking personnel Not less frequently than quarterly, the Ombudsperson shall invite personnel of the Department of Homeland Security and the Department of Health and Human Services who manage the data tracking systems described in section 472 to participate in a meeting for the purpose of informing the Ombudsperson with respect to the efficacy and responsiveness of the system with empirical data, analysis, and data needs. (iii) Additional meetings The Ombudsperson may convene additional meetings at any time, as the Ombudsperson considers necessary. (I) Reporting (i) Annual public report (I) In general Not less frequently than annually, the Ombudsperson shall issue a public report on the implementation of and compliance with this subtitle and the amendments made by this subtitle, by the Secretary and the Secretary of Homeland Security. (II) Elements Each report under subclause (I) shall include the following: (aa) For the preceding fiscal year, the accomplishments and challenges relating to such implementation and compliance. (bb) A summary of complaints made and investigations carried out during the preceding fiscal year, including— (AA) the number of complaints and number and nature of other contacts; (BB) the number of complaints made, including the type and source; (CC) the number of investigations carried out; (DD) the trends and issues that arose in the course of investigating complaints; and (EE) the number of pending complaints. (cc) For the preceding fiscal year, a summary of— (AA) each site visit conducted; (BB) any interview with a noncitizen child or facility staff; (CC) facility audits and corrective actions taken or recommended; (DD) appeals made to the Ombudsperson; and (EE) any other information the Ombudsperson considers relevant. (dd) A detailed analysis of the data collected under section 472. (ee) Recommendations— (AA) for improving implementation and compliance with this subtitle and the amendments made by this subtitle; and (BB) as to whether the Director should renew or cancel contracts with particular Office of Refugee Resettlement grantees. (ff) A description of the priorities for the subsequent fiscal year. (ii) Report on training materials The Ombudsperson shall issue a public report on the training materials developed by the Director under section 422(d)(4) that includes a description of any concerns the Ombudsperson has with respect to the materials. (iii) Additional reports The Ombudsperson may issue additional reports at any time, including data analyses and findings, as the Ombudsperson considers necessary. (J) Information gathering (i) In general The Ombudsperson may submit to the Director, the Director of U.S. Immigration and Customs Enforcement, and the juvenile coordinators of U.S. Customs and Border Protection requests for information with respect to the implementation of this subtitle. (ii) Response required Not later than 30 days after the date on which a juvenile coordinator receives a request for information under clause (i), the juvenile coordinator shall submit a detailed response to the Ombudsperson, the Director, the Director of U.S. Immigration and Customs Enforcement, and the Commissioner of U.S. Customs and Border Protection. (iii) Cooperation required The Secretary and the Secretary of Homeland Security shall— (I) cooperate with any request for information by the Ombudsperson; and (II) report to the Ombudsperson any policy or instruction issued to employees regarding the implementation of this subtitle. (K) Subpoena authority (i) In general The Ombudsperson may— (I) issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and (II) compel by subpoena, at a specified time and place— (aa) the appearance and sworn testimony of an individual who the Ombudsperson reasonably believes may be able to provide information relating to a matter under investigation; and (bb) the production by an individual of a record of an object that the Ombudsperson reasonably believes may relate to a matter under investigation. (ii) Effect of failure to comply In the case of an individual who fails to comply with a subpoena issued under this subparagraph, the Ombudsperson may commence a civil action in an appropriate court. (L) Additional duties The Ombudsperson shall— (i) develop notices of rights, as described in sections 415(d)(5) and 421; (ii) review training materials, as described in section 422(d)(4); (iii) conduct reviews of decisions in placement review hearings, as described in section 432(b)(6); (iv) conduct reviews of decisions in sponsorship hearings, as described in section 435(b)(3)(H); (v) regularly review data collected under section 472; and (vi) track and monitor processing times and length of custody for noncitizen children in immigration custody. (d) Access (1) Facilities (A) In general The Secretary and the Secretary of Homeland Security shall ensure unobstructed access by the Ombudsperson to any facility at which a noncitizen child is detained. (B) Information collection for site visits For each site visit conducted by the Ombudsperson, facility staff shall provide a list of the unaccompanied noncitizen children housed in the facility, including their names, alien registration numbers, dates of birth, dates of apprehension, and the dates of facility placement— (i) in the case of an announced site visit, not less than 48 hours before the arrival of the Ombudsperson; and (ii) in the case of an unannounced site visit, on the arrival of the Ombudsperson. (C) Private and confidential space A facility shall provide a private and confidential space in which the Ombudsperson may interview unaccompanied noncitizen children and staff. (D) Delegation The Ombudsperson may designate 1 or more individuals from outside the Ombudperson’s office to conduct site visits and interview detained children. (2) Information On request by the Ombudsperson, the Secretary shall ensure, not later than 48 hours after receipt of the request, unobstructed access by the Ombudsperson to— (A) the case files, records, reports, audits, documents, papers, recommendations, or any other pertinent information relating to the care and custody of a noncitizen child; and (B) the written policies and procedures of all childcare facilities. (3) Definition of unobstructed access In this subsection, the term unobstructed access means— (A) with respect to a facility, the ability— (i) to enter the facility at any time, including unannounced, to observe and inspect all areas of the facility; (ii) to communicate privately and without restriction with any child, caregiver, facility staff, or volunteer; and (iii) to obtain, review, and reproduce any— (I) record of a child, staff member, or caregiver; (II) administrative record, policy, or document of any facility; (III) licensing record maintained by the applicable Federal or State agency; or (IV) record, including a confidential record, of a Federal or State agency or any contractor of a Federal or State agency, except sealed court records, production of which may only be compelled by subpoena; and (B) with respect to information, the ability to obtain requested information in a timely manner and with the full cooperation of the Secretary or the Secretary of Homeland Security, as applicable. (e) Confidentiality (1) Identity of complainants and witnesses The Ombudsperson shall maintain confidentiality with respect to the identities of complainants or witnesses coming before the Office, except if such a disclosure is necessary— (A) to carry out the duties of the Ombudsperson; and (B) to support recommendations made in individual cases, annual reports, or other reports. (2) Records In accordance with relevant Federal and State law, the Ombudsperson may not disclose a confidential record. (3) Testimony and deposition The Ombudsperson and employees of the Office may not testify or be deposed in a judicial or administrative proceeding regarding matters that have come to their attention in the exercise of their official duties, except as the Ombudsperson considers necessary to enforce this subtitle or the amendments made by this subtitle. (4) Subpoena and discovery The records of the Office, including notes, drafts, and records obtained from an individual, a provider, or an agency during intake, review, or investigation of a complaint, and any reports not released to the public are not subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as the Ombudsperson considers necessary to enforce this subtitle or the amendments made by this subtitle. (f) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section.