12 2 STA T .5078PUBLIC LA W 110 –4 57 —DE C.2 3, 2008 andprog ra ms r efl e cti ng b est practices in w itness sec u rit y pro - grams .(2)SAFE A NDS E CUR E PL ACE M EN T S. — Sub j ect to section 46 2(b)(2) of t h e H omeland Security A ctof2 0 02 (6 U .S. C . 2 79 (b)(2)) , an unaccompanied alien child in the custody of the Secretary of Health and Human Ser v ices shall be promptly placed in the least restrictive setting that is in the best interest of the child. I nma k ing such placements, the Secretary may consider danger to self, danger to the community, and risk of flight. P lacement of child trafficking victims may include placement in an Unaccompanied R efugee M inor program, pursuant to section 4 1 2(d) of the Immigration and N ationality Act ( 8 U.S.C. 1 5 22(d)), if a suitable family member is not available to provide care. A child shall not be placed in a secure facility absent a determination that the child poses a danger to self or others or has been charged with having committed a criminal offense. T he placement of a child in a secure facility shall be reviewed, at a minimum, on a monthly basis, in accordance with procedures prescribed by the Sec- retary, to determine if such placement remains warranted. ( 3 ) SAFET Y AND SU I TA B ILITY ASSESSMENTS.— (A) IN G ENERAL.—Subject to the re q uirements of subparagraph ( B ), an unaccompanied alien child may not be placed with a person or entity unless the Secretary of Health and Human Services makes a determination that the proposed custodian is capable of providing for the child ’ s physical and mental well-being. Such determina- tion shall, at a minimum, include verification of the custodian’s identity and relationship to the child, if any, as well as an independent finding that the individual has not engaged in any activity that would indicate a potential risk to the child. (B) H O ME STUDIES.—Before placing the child with an individual, the Secretary of Health and Human Services shall determine whether a home study is first necessary. A home study shall be conducted for a child who is a victim of a severe form of trafficking in persons, a special needs child with a disability (as defined in section 3 of the Americans with D isabilities Act of 1990 (42 U.S.C. 12102(2))), a child who has been a victim of physical or se x ual abuse under circumstances that indicate that the child’s health or welfare has been significantly harmed or threatened, or a child whose proposed sponsor clearly presents a risk of abuse, maltreatment, exploitation, or trafficking to the child based on all available objective evidence. The Secretary of Health and Human Services shall conduct follow-up services, during the pendency of removal proceedings, on children for whom a home study was conducted and is authori z ed to conduct follow-up serv- ices in cases involving children with mental health or other needs who could benefit from ongoing assistance from a social welfare agency. (C) ACCESS TO INFORMATION.—Not later than 2 weeks after receiving a request from the Secretary of Health and Human Services, the Secretary of Homeland Security shall provide information necessary to conduct suitability Deadlin e .R e v ie w .
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