&sect; 2107 : CONFORMING AMENDMENTS TO THE SOCIAL SECURITY ACT

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

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

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

by inserting after subparagraph (C) the following:

D.: who is granted status as a registered provisional immigrant under section 245Bor 245Dof the Immigration and Nationality Act; or
E.: whose status is adjusted to that of lawful permanent resident under section 245Cof the Immigration and Nationality Act,

; and

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 245Bof such Act for classification as a registered provisional immigrant before the period at the end.

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 .—

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,unless the parent is unfit or unwilling to be a parent of the child; 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.

CONDITIONS.—Before a State may file to terminate the parental rights under such section 475(5)(E), the State (or the county or other political subdivision of the State, as applicable) shall make reasonable efforts—

to identify, locate, and contact (including, if appropriate, 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 is in immigration detention;
ii.: any parent of the child who has been removed from the United States; and
iii.: if possible, any potential adult relative of the child (as described in section 471(a)(29));

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

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

to provide and document appropriate services 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.—

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

by amending paragraph (19) to read as follows:

19.

provides that the State shall give 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

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

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

by adding at the end the following:

34.

provides that the State shall—

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;

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;

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;

preserve, to the greatest extent practicable, 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, legal guardian, or relative caregiver or such child), except that the head of the State agency (or the county or other political subdivision of the State, as applicable) 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 legal representation services for a separated child, in a language such that a child can read and understand.

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

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 or legal guardian 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, legal 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

by adding at the end the following:

9.

The term separated child means an individual who—

has a parent or legal guardian 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

is in foster care under the responsibility of a State.

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.

PRECLUSION OF SOCIAL SECURITY CREDITS FOR PERIODS WITHOUT WORK AUTHORIZATION.—

INSURED STATUS.—Section 214 of the Social Security Act (42 U.S.C. 414) is amended by adding at the end the following new subsection:

d.

INSURED STATUS.—

IN GENERAL.—Subject to paragraphs (2) and (3), for purposes of subsections (a) and (b), no quarter of coverage shall be credited for any calendar year—

A.: beginning after December 31, 2003, and before January 1, 2014, with respect to an individual who has been granted registered provisional immigrant status pursuant to section 245B of the Immigration and Nationality Act; or
B.: beginning after December 31, 2003, and before January 1, 2014, in which an individual earned such quarter of coverage while present under an expired nonimmigrant visa, unless the Commissioner of Social Security determines, on the basis of information provided to the Commissioner by the individual, that the individual was authorized to be employed in the United States during such quarter.

EXCEPTION.—Paragraph (1) shall not apply to an individual who was assigned a social security account number before January 1, 2004.

3.

ATTESTATION OF WORK AUTHORIZATION.—

A.: IN GENERAL.—For purposes of paragraph (1), if an individual is unable to obtain or produce sufficient evidence or documentation that the individual was authorized to be employed in the United States during a quarter, the individual may submit an attestation to the Commissioner of Social Security that the individual was authorized to be employed in the United States during such quarter and that sufficient evidence or documentation of such authorization cannot be obtained by the individual.
B.: PENALTY.—Any individual who knowingly submits a false attestation described in subparagraph (A) shall be subject to the penalties under section 1041 of title 18, United States Code.

BENEFIT COMPUTATION.—Section 215(e) of the Social Security Act (42 U.S.C. 415(e)) is amended—

in paragraph (1), by striking and at the end;

in paragraph (2), by striking the period at the end and inserting ; and; and