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
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, providing for background checks for
3 sponsor representation of unaccompanied alien children.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 23 of the Pennsylvania Consolidated
7 Statutes is amended by adding a chapter to read:
8 CHAPTER 58
9 UNACCOMPANIED ALIEN CHILDREN
10 Sec.
11 5801. Definitions.
12 5802. Sponsor representation.
13 § 5801. Definitions.
14 The following words and phrases when used in this chapter
15 shall have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Agency." A Commonwealth agency, a local agency, a judicial
18 agency or a legislative agency.
 1 "Background check information." The information required
2 under section 6344(b) (relating to employees having contact with
3 children; adoptive and foster parents).
4 "Department." The Department of Human Services of the
5 Commonwealth.
6 "Office." The United States Department of Health and Human
7 Services' Office of Refugee Resettlement.
8 "Proceeding." A proceeding or action before or conducted by
9 an agency. The term includes an investigation conducted by an
10 agency.
11 "Represent." Providing counsel to or advocating for an
12 unaccompanied alien child at a proceeding. The term does not
13 include accompanying an unaccompanied alien child to a
14 proceeding if the sponsor does not communicate with the
15 unaccompanied alien child or anyone during the proceeding.
16 "Sponsor." A person to whom, on and after the effective date
17 of this definition, an unaccompanied alien child is released by
18 the office.
19 "Unaccompanied alien child." An individual who:
20 (1) is an alien who is not lawfully present in the
21 United States;
22 (2) has not attained 18 years of age; and
23 (3) with respect to whom:
24 (i) there is no parent or legal guardian in the
25 United States; or
26 (ii) no parent or legal guardian in the United
27 States is available to provide care and physical custody.
28 § 5802. Sponsor representation.
29 (a) Requirements.--
30 (1) A sponsor must provide background check information
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 1 to the department, in the manner provided by the department,
2 within 30 days of becoming a sponsor.
3 (2) An agency shall consult with the department prior to
4 the time of a proceeding to determine if the sponsor would
5 have been denied employment or participation in a program,
6 activity or service under section 6344(c) (relating to
7 employees having contact with children; adoptive and foster
8 parents).
9 (b) Prohibition.--Notwithstanding any other provision of
10 law, a sponsor may not represent an unaccompanied alien child in
11 a proceeding if the sponsor:
12 (1) has not completed a background check; or
13 (2) would have been denied employment or participation
14 in a program, activity or service under section 6344(c).
15 Section 2. This act shall take effect in 60 days.
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