; (B) the expressed interests of the child, taking into account the child's age and stage of development; (C) the physical and mental health of the child; (D) the right of the child to— (i) family integrity; (ii) liberty; and (iii) development; and (E) the identity of the child, including religious, ethnic, linguistic, gender, sexual orientation, and cultural identity. (2) Childcare facility The term childcare facility means a facility operated by the Department of Health and Human Services, or a contractor or grantee of the Department of Health and Human Services, that— (A) is a State-licensed program; and (B) provides residential care for unaccompanied noncitizen children. (3) Director The term Director means the Director of the Office of Refugee Resettlement. (4) Flores settlement agreement The term Flores settlement agreement means the stipulated settlement agreement in Reno v. Flores, as filed in the United States District Court for the Central District of California on January 17, 1997 (CV–85–4544–RJK), including all subsequent court decisions, orders, agreements, and stipulations. (5) Immigration custody The term immigration custody means the physical custody of the Secretary of Health and Human Services or the Secretary of Homeland Security (or the head of any successor agency of the Department of Health and Human Services or the Department of Homeland Security). (6) Influx The term influx means a period— (A) beginning on the date on which, for not less than 7 consecutive days, the net available bed capacity of State-licensed programs that is occupied or held for placement by unaccompanied noncitizen children is 85 percent or more