PRINTER'S NO. 3795
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2647
Session of
2024
INTRODUCED BY R. MACKENZIE, BERNSTINE, M. BROWN, CUTLER,
KAUFFMAN, LEADBETER AND M. MACKENZIE, OCTOBER 23, 2024
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 23, 2024
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, providing for background checks for
sponsor representation of unaccompanied alien children.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 23 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 58
UNACCOMPANIED ALIEN CHILDREN
Sec.
5801. Definitions.
5802. Sponsor representation.
§ 5801. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." A Commonwealth agency, a local agency, a judicial
agency or a legislative agency.
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"Background check information." The information required
under section 6344(b) (relating to employees having contact with
children; adoptive and foster parents).
"Department." The Department of Human Services of the
Commonwealth.
"Office." The United States Department of Health and Human
Services' Office of Refugee Resettlement.
"Proceeding." A proceeding or action before or conducted by
an agency. The term includes an investigation conducted by an
agency.
"Represent." Providing counsel to or advocating for an
u naccompanied alien child at a proceeding . The term does not
include accompanying an u naccompanied alien child to a
proceeding if the sponsor does not communicate with the
u naccompanied alien child or anyone during the proceeding.
"Sponsor." A person to whom, on and after the effective date
of this definition, an u naccompanied alien child is released by
the office.
"Unaccompanied alien child." An individual who:
(1) is an alien who is not lawfully present in the
United States;
(2) has not attained 18 years of age; and
(3) with respect to whom:
(i) there is no parent or legal guardian in the
United States; or
(ii) no parent or legal guardian in the United
States is available to provide care and physical custody.
§ 5802. Sponsor representation.
(a) Requirements.--
(1) A sponsor must provide background check information
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to the department, in the manner provided by the department,
within 30 days of becoming a sponsor.
(2) An agency shall consult with the department prior to
the time of a proceeding to determine if the sponsor would
have been denied employment or participation in a program,
activity or service under section 6344(c) (relating to
employees having contact with children; adoptive and foster
parents).
(b) Prohibition.--Notwithstanding any other provision of
law, a sponsor may not represent an u naccompanied alien child in
a proceeding if the sponsor:
(1) has not completed a background check; or
(2) would have been denied employment or participation
in a program, activity or service under section 6344(c).
Section 2. This act shall take effect in 60 days.
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