; and (B) does not include a facility that provides residential care to children who have been adjudicated delinquent. (19) State-licensed program The term State-licensed program means any public or private program, agency, or organization licensed by an appropriate State agency to provide residential, group, or foster care services for unaccompanied noncitizen children (including a program operating group homes, foster homes, or facilities for special needs noncitizen children) that complies with applicable— (A) State child welfare laws, regulations, and policies; (B) State and local building, fire, health, and safety laws and regulations; (C) Federal, State, and local human rights and privacy laws, as applicable; and (D) State staffing and training requirements. (20) Tender age minor The term tender age minor means an individual who is 12 years of age or younger or has the developmental age of such an individual. (21) Unaccompanied noncitizen child The term unaccompanied noncitizen child has the meaning given the term unaccompanied alien child in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) ). I Procedures and temporary placements following apprehension 101. Prohibition on family separation (a) In general A noncitizen child shall remain physically together with their parent, legal guardian, or nonparent family member at all times while in the custody of the Secretary of Homeland Security or the Secretary of Health and Human Services, unless— (1) the noncitizen child requests privacy temporarily