[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6128 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6128
To amend part E of title IV of the Social Security Act to ensure that
immigration status alone does not disqualify a parent, legal guardian,
or relative from being a placement for a foster child, to prohibit a
State, county, or other political subdivision of a State from filing
for termination of parental rights in foster care cases in which an
otherwise fit and willing parent or legal guardian has been deported or
is involved in (including detention pursuant to) an immigration
proceeding, unless certain conditions have been met, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2012
Ms. Roybal-Allard introduced the following bill; which was referred to
the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend part E of title IV of the Social Security Act to ensure that
immigration status alone does not disqualify a parent, legal guardian,
or relative from being a placement for a foster child, to prohibit a
State, county, or other political subdivision of a State from filing
for termination of parental rights in foster care cases in which an
otherwise fit and willing parent or legal guardian has been deported or
is involved in (including detention pursuant to) an immigration
proceeding, unless certain conditions have been met, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Help Separated Families Act of
2012''.
SEC. 2. IMMIGRATION STATUS ALONE NOT A DISQUALIFICATION FROM BEING A
PLACEMENT FOR A FOSTER CHILD.
Section 471(a)(19) of the Social Security Act (42 U.S.C.
671(a)(19)) is amended--
(1) by striking ``(19) provides that the State'' and
inserting the following:
``(19) provides that--
``(A) the State''; and
(2) by adding after and below the end the following:
``(B) such standards shall ensure that the
immigration status alone of a parent, legal guardian,
or relative shall not disqualify the parent, legal
guardian, or relative from being a placement for a
child;''.
SEC. 3. STATE PLAN REQUIREMENT TO ACCEPT CERTAIN DOCUMENTS ISSUED BY
FOREIGN ENTITIES AS SUFFICIENT IDENTIFICATION FOR
PURPOSES OF INITIATING A CRIMINAL RECORDS CHECK OR A
FINGERPRINT-BASED CHECK.
Section 471(a)(20) of the Social Security Act (42 U.S.C.
671(a)(20)) is amended--
(1) in subparagraph (A), by inserting ``which procedures
shall require the State (including the State agency, the child
welfare agency of any county or other political subdivision of
the State, and caseworkers and supervisors of any such agency)
to accept a foreign consulate identification card, a foreign
passport, or such other foreign identification document as may
be allowed in regulations prescribed by the Secretary, as
sufficient identification for purposes of initiating a criminal
records check or a fingerprint-based check,'' before
``including procedures''; and
(2) in subparagraph (C), by inserting ``, which procedures
shall require the State (including the State agency, the child
welfare agency of any county or other political subdivision of
the State, and caseworkers and supervisors of any such agency)
to accept a foreign consulate identification card, a foreign
passport, or such other foreign identification document as may
be allowed in regulations prescribed by the Secretary, as
sufficient identification for purposes of initiating a criminal
records check or a fingerprint-based check'' before the
semicolon.
SEC. 4. STATE CHILD WELFARE AGENCIES ENCOURAGED TO GRANT WAIVERS OF
REQUIREMENTS THAT WOULD PREVENT A CHILD FROM BEING PLACED
WITH A RELATIVE ON THE BASIS OF A MINOR LEGAL INFRACTION
BY THE RELATIVE.
It is the sense of the Congress that the child welfare agency of a
State, or of any county or other political subdivision of a State,
should grant a waiver of any requirement which would prevent the
placement of a child with a relative of the child, on the basis of a
minor legal infraction, if the relative would otherwise be considered
eligible for such a placement.
SEC. 5. STATE PLAN REQUIREMENT TO NOTIFY RELATIVES SEEKING PLACEMENT OF
A CHILD THAT THEIR IMMIGRATION STATUS WILL NOT BE
QUESTIONED.
Section 471(a)(29) of the Social Security Act (42 U.S.C.
671(a)(29)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by adding ``and'' at the end of subparagraph (D); and
(3) by adding at the end the following:
``(E) the immigration status of any such relative
seeking placement of the child with the relative shall
not be questioned, except to the extent necessary in
determining eligibility for relevant services or
programs;''.
SEC. 6. PROHIBITION ON STATE FILING FOR TERMINATION OF PARENTAL RIGHTS
IN FOSTER CARE CASES IN WHICH OTHERWISE FIT AND WILLING
PARENT OR RELATIVE HAS BEEN DEPORTED OR IS INVOLVED IN AN
IMMIGRATION PROCEEDING, UNLESS CERTAIN CONDITIONS HAVE
BEEN MET.
Section 475(5)(E) of the Social Security Act (42 U.S.C. 675(5)(E))
is amended by adding after and below the end the following flush text:
``except that the State, and a county or other political
subdivision of the State, shall not file (or join in the filing
of such a petition) based on the removal of the parent from the
United States or the involvement of the parent in (including
detention pursuant to) an immigration proceeding, unless (I)
the State (or the county or other political subdivision of the
State, as the case may be) has made reasonable efforts to
identify, locate, and contact any parent of the child, who has
been removed from the United States, and any adult relative of
the child, referred to in section 471(a)(29), including through
the diplomatic or consular offices of the country to which the
parent was removed, to notify such a parent or relative of the
intent of the State (or the county or other political
subdivision of the State, as the case may be) to file (or join
in the filing of) such a petition, and to reunify the child
with any such parent or relative; or (II) the parent is unfit
or unwilling to be a parent of the child;''.
SEC. 7. EFFECTIVE DATE.
(a) In General.--The amendments made by this Act shall take effect
on the 1st day of the 1st fiscal year beginning on or after the date of
the enactment of this Act, and shall apply to payments under part E of
title IV of the Social Security Act for calendar quarters beginning on
or after such date.
(b) Delay Permitted if State Legislation Required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is required in
order for a State plan approved under part E of title IV of the Social
Security Act to meet the additional requirements imposed by the
amendments made by this Act, the plan shall not be regarded as failing
to meet any of the additional requirements before the 1st day of the
1st calendar quarter beginning after the 1st regular session of the
State legislature that begins after the date of the enactment of this
Act. For purposes of the preceding sentence, if the State has a 2-year
legislative session, each year of the session is deemed to be a
separate regular session of the State legislature.
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