Children’s Safe Welcome Act of 2022
A BILL
To provide protections for children in immigration custody, and for other purposes.
2. Definitions
In this Act:
Accompanied noncitizen child— The term accompanied noncitizen child means a noncitizen under the age of 18 years who—
has no lawful immigration status in the United States; and
is detained in immigration custody while traveling with a parent or legal guardian, including an adoptive parent and a stepparent.
Best interests of the child— With respect to an accompanied noncitizen child or unaccompanied noncitizen child, the term best interests of the child means a consideration, informed to the extent practicable by the child and the parents or guardian and extended family of the child, that takes into account—
the safety and well-being of the child;
the expressed interests of the child, taking into account the child's age and stage of development;
the physical and mental health of the child;
the right of the child to—
family integrity;
liberty; and
development; and
the identity of the child, including religious, ethnic, linguistic, gender, sexual orientation, and cultural identity.
Childcare facility— The term childcare facility means a facility operated by the Department of Health and Human Services, or a contractor of the Department of Health and Human Services, that—
is a State-licensed program; and
provides residential care for unaccompanied noncitizen children.
Director— The term Director means the Director of the Office of Refugee Resettlement.
Early childhood minor— The term early childhood minor means an individual who is 12 years of age or younger or has the developmental age of such an individual.
Flores settlement agreement— The term Flores settlement agreement means the stipulated settlement agreement in Reno v. Flores, as filed in the United States District Court for the Central District of California on January 17, 1997 (CV–85–4544–RJK), including all subsequent court decisions, orders, agreements, and stipulations.
Immigration custody— The term immigration custody means the physical custody of the Secretary of Health and Human Services or the Secretary of Homeland Security (or the head of any successor agency of the Department of Health and Human Services or the Department of Homeland Security).
Influx— The term influx means a period during which—
not less than 95 percent of the available beds in permanent childcare facilities are occupied; and
the average length of care for unaccompanied noncitizen children in the custody of the Secretary of Health and Human Services exceeds 35 days.
Influx facility— The term influx facility means any public or private facility established to provide temporary emergency shelter and services for unaccompanied noncitizen children during an influx or emergency.
Noncitizen— The term noncitizen means an individual who is not a citizen or national of the United States.
Nonparent family member— With respect to an unaccompanied noncitizen child apprehended with a nonparent family member, the term nonparent family member means an individual who is—
18 years of age or older; and
a relative of such child, including a grandparent, aunt, uncle, first cousin, sibling, and fictive kin.
Ombudsperson— The term Ombudsperson means the Ombudsperson of the Office of the Ombudsperson for Unaccompanied Noncitizen Children established under section 601.
Out-of-network facility— The term out-of-network facility means any public or private facility, including a mental health facility, or any other location that—
is used to provide residential care for unaccompanied noncitizen children; and
is not an Office of Refugee Resettlement facility.
Prospective sponsor— The term prospective sponsor means an individual or entity who applies for custody of an unaccompanied noncitizen child.
Secretary— The term Secretary means the Secretary of Health and Human Services.
Secure facility— The term secure facility means any public or private facility that is opened by a program, agency, or organization that is licensed by an appropriate State agency to provide residential care for children who have been adjudicated delinquent.
Special needs noncitizen child— The term special needs noncitizen child—
means a noncitizen under the age of 18 years, the mental or physical condition of whom requires special services or medical equipment and special treatment by the staff of a childcare facility; and
includes such an individual who—
has special needs due to drug or alcohol abuse, serious emotional disturbance, mental illness, developmental or cognitive delay, or a physical condition or chronic illness that requires special services or treatment;
is an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)); or
requires special services or treatment as a result of neglect or abuse; and
in the case of a child who is 12 years of age or older, means such a child who consents to such designation, services, and treatment.
Sponsor— The term sponsor means an individual or entity who has been approved by the Director to assume custody of an unaccompanied noncitizen child on release from the custody of the Secretary.
Staff-secure facility— The term staff-secure facility—
means any public or private facility that is licensed by an appropriate State agency to provide residential care for children who have been determined to require close or intensive care in accordance with section 226(c)(3); and
does not include a facility that provides residential care to children who have been adjudicated delinquent.
State-licensed program— The term State-licensed program means any public or private program, agency, or organization licensed by an appropriate State agency to provide residential, group, or foster care services for unaccompanied noncitizen children (including a program operating group homes, foster homes, or facilities for special needs noncitizen children) that complies with applicable—
State child welfare laws, regulations, and policies;
State and local building, fire, health, and safety laws and regulations;
Federal, State, and local human rights and privacy laws, as applicable; and
State staffing and training requirements.
Unaccompanied noncitizen child— The term unaccompanied noncitizen child has the meaning given the term “unaccompanied alien child” in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).