S.744 Immigration bill - Sec. 2107: CONFORMING AMENDMENTS TO THE SOCIAL SECURITY ACT

Posted Wed, Apr 17, 2013 at 4:56 pm

    (a) Correction of Social Security Records-

      (1) IN GENERAL- Section 208(e)(1) of the Social Security Act (42 U.S.C. 408(e)(1)) is amended--

        (A) in subparagraph (B)(ii), by striking `or' at the end;

        (B) in subparagraph (C), by striking the comma at the end and inserting a semicolon;

        (C) by inserting after subparagraph (C) the following:

        `(D) who is granted status as a registered provisional immigrant under section 245B or 245D of the Immigration and Nationality Act; or

        `(E) whose status is adjusted to that of lawful permanent resident under section 245C of the Immigration and Nationality Act,'; and

        (D) in the undesignated matter at the end, by inserting `, or in the case of an alien described in subparagraph (D) or (E), if such conduct is alleged to have occurred before the date on which the alien submitted an application under section 245B of such Act for classification as a registered provisional immigrant' before the period at the end.

      (2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect on the first day of the tenth month that begins after the date of the enactment of this Act.

    (b) State Discretion Regarding Termination of Parental Rights -

      (1) IN GENERAL- A compelling reason for a State not to file (or to join in the filing of) a petition to terminate parental rights under section 475(5)(E) of the Social Security Act (42 U.S.C. 675(5)(E)) shall include--

        (A) the removal of the parent from the United States; or

        (B) the involvement of the parent in (including detention pursuant to) an immigration proceeding, unless the parent is unfit or unwilling to be a parent of the child.

      (2) CONDITIONS- Before a State may file to terminate the parental rights under such section 475(5)(E)--

        (A) the State (or the county or other political subdivision of the State, as applicable) shall make reasonable efforts--

          (i) to identify, locate, and contact, through the diplomatic or consular offices of the country to which the parent was removed or in which a parent or relative resides--

            (I) any parent of the child who has been removed from the United States; and

            (II) if possible, any potential adult relative of the child (as described in section 471(a)(29));

          (ii) to notify such parent or relative of the intent of the State (or the county or other political subdivision of the State, as applicable) to file (or to join in the filing of) a petition referred to in paragraph (1); or

          (iii) to reunify the child with any such parent or relative; and

        (B) appropriate services have been provided (and documented) to the parent or relative.

      (3) CONFORMING AMENDMENT- Section 475(5)(E)(ii) of the Social Security Act (42 U.S.C. 675(5)(E)) is amended by inserting `, including the reason set forth in section 2107(b)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act' after `child'.

    (c) Children Separated From Parents and Caregivers-

      (1) STATE PLAN FOR FOSTER CARE AND ADOPTION ASSISTANCE- Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended--

        (A) by amending paragraph (19) to read as follows:

      `(19) provides that the State shall consider giving preference to an adult relative over a nonrelated caregiver when determining a placement for a child if--

        `(A) the relative caregiver meets all relevant State child protection standards; and

        `(B) the standards referred to in subparagraph (A) 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;'; and

        (B) in paragraph (32), by striking `and' at the end;

        (C) in paragraph (33), by striking the period at the end and inserting `; and'; and

        (D) by adding at the end the following:

      `(34) provides that the State shall--

        `(A) ensure that the case manager for a separated child is capable of communicating in the native language of such child and of the family of such child, or an interpreter who is so capable is provided to communicate with such child and the family of such child at no cost to the child or to the family of such child;

        `(B) coordinate with the Department of Homeland Security to ensure that parents who wish for their child to accompany them to their country of origin are given adequate time and assistance to obtain a passport and visa, and to collect all relevant vital documents, such as birth certificate, health, and educational records and other information;

        `(C) coordinate with State agencies regarding alternate documentation requirements for a criminal records check or a fingerprint-based check for a caregiver that does not have Federal or State-issued identification;

        `(D) preserve, to the greatest extent possible, the privacy and confidentiality of all information gathered in the course of administering the care, custody, and placement of, and follow up services provided to, a separated child, consistent with the best interest of such child, by not disclosing such information to other government agencies or persons (other than a parent, guardian, or relative caregiver or such child), except that the head of the State agency may disclose such information, after placing a written record of the disclosure in the file of the child--

          `(i) to a consular official for the purpose of reunification of a child with a parent, legal guardian, or relative caregiver who has been removed or is involved in an immigration proceeding, unless the child has refused contact with, or the sharing of personal or identifying information with, the government of his or her country of origin;

          `(ii) when authorized to do so by the child (if the child has attained 18 years of age) if the disclosure is consistent with the best interest of the child; or

          `(iii) to a law enforcement agency if the disclosure would prevent imminent and serious harm to another individual; and

        `(E) not less frequently than annually, compile, update, and publish a list of entities in the State that are qualified to provide guardian and legal representation services for a separated child, in a language such that a child can read and understand.'.

      (2) ADDITIONAL INFORMATION TO BE INCLUDED IN CASE PLAN- Section 475 of such Act (42 U.S.C. 675) is amended--

        (A) in paragraph (1), by adding at the end the following:

        `(H) In the case of a separated child with respect to whom the State plan requires the State to provide services under section 471(a)(34)--

          `(i) the location of the parent, guardian, or relative described in paragraph (9)(A) from whom the child has been separated; and

          `(ii) a written record of each disclosure to a government agency or person (other than such a parent, guardian, or relative) of information gathered in the course of tracking the care, custody, and placement of, and follow-up services provided to, the child.'; and

        (B) by adding at the end the following:

      `(9) The term `separated child' means an individual who--

        `(A) has a parent, legal guardian, or primary caregiver who has been--

          `(i) detained by a Federal, State, or local law enforcement agency in the enforcement of an immigration law; or

          `(ii) removed from the United States as a result of a violation of such a law; and

        `(B) is in foster care under the responsibility of a State.'.

      (3) EFFECTIVE DATE- The amendments made by this subsection shall take effect on the 1st day of the 1st calendar quarter that begins after the 1-year period that begins on the date of the enactment of this Act.

2107
CONFORMING AMENDMENTS TO THE SOCIAL SECURITY ACT