Help Separated Families Act of 2019

Help Separated Families Act of 2019

This bill prohibits states from disqualifying a prospective adoptive or foster parent based on that person's immigration status. It also expands the requirements for state foster-care cases in which a parent has been detained or deported as the result of an immigration proceeding.

Specifically, states may not initiate a proceeding to terminate the parental rights of a parent who has been detained or deported unless the state has made reasonable efforts to (1) locate the parent, (2) notify the parent about the proceeding, (3) provide the parent with appropriate services, and (4) reunify the parent and child. States also must (1) ensure that case managers can communicate in separated children's native language, (2) provide assistance for separated children to accompany their parent to the family's country of origin, (3) keep information about such children confidential, and (4) publish a list of legal services available to separated children.

Further, case management plans must provide (1) the location of the child's parent who has been detained or deported, and (2) a written record of information about such child that is disclosed to government agencies or nonlegal guardians. The bill requires states to accept specified forms of foreign identification to complete background checks for prospective foster care placements. States also must notify prospective foster or adoptive relatives that such relatives' immigration status will not be requested except with respect to eligibility for certain social services.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov