Notice2021-18658
Submission for OMB Review; Legal Services for Unaccompanied Children (0970-0565)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 31, 2021
Issuing agencies
Health and Human Services DepartmentChildren and Families Administration
Abstract
The Office of Refugee Resettlement (ORR), Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS), is proposing to continue to collect information that will allow the Unaccompanied Children (UC) Program to provide legal services to UC. These information collections were originally approved under emergency approval for 6 months. This request is to continue data collection. This is a time sensitive request because all of these forms are already in use and must continue to be in use in order for the UC Program to meet its statutory obligations.
Full Text
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<title>Federal Register, Volume 86 Issue 166 (Tuesday, August 31, 2021)</title>
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[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Notices]
[Pages 48710-48711]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18658]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Submission for OMB Review; Legal Services for Unaccompanied
Children (0970-0565)
AGENCY: Office of Refugee Resettlement, Administration for Children and
Families, Department of Health and Human Services.
ACTION: Request for public comment.
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SUMMARY: The Office of Refugee Resettlement (ORR), Administration for
Children and Families (ACF), U.S. Department of Health and Human
Services (HHS), is proposing to continue to collect information that
will allow the Unaccompanied Children (UC) Program to provide legal
services to UC. These information collections were originally approved
under emergency approval for 6 months. This request is to continue data
collection. This is a time sensitive request because all of these forms
are already in use and must continue to be in use in order for the UC
Program to meet its statutory obligations.
DATES: Comments due within 30 days of publication. OMB is required to
make a decision concerning the collection of information between 30 and
60 days after publication of this document in the Federal Register.
Therefore, a comment is best assured of having its full effect if OMB
receives it within 30 days of publication.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function. This is a
time sensitive request because many of these forms are already in use
and must continue to be in use in order for the UC Program to meet its
statutory obligations.
SUPPLEMENTARY INFORMATION: Description: ORR received several comments
on this information collection in response to the Federal Register
Notice published on February 18, 2021, (86 FR 10082) and has provided
responses to those comments in its final submission to OMB. UC Path is
critical to program operations, and it is important that rollout of the
new system not be delayed. Therefore, the below description details
what will be included in the initial launch of the UC Path case
management system and revisions based on public comments will be made
after initial launch. ORR plans to conduct a deliberative review of
commenters' suggestions and concerns and submit a request for revisions
to this information collection request in January 2022. The upcoming
information collection request will also include revisions based on
feedback from UC Path system users (i.e., ORR grantee, contractor, and
federal staff). The components of this information request include:
1. Legal Service Provider List for UC in ORR Care (Form LRG-5/5s):
This instrument is provided to UC by their case manager. The instrument
contains a list of legal services providers available to UC. UC initial
and sign the instrument upon admission and release of ORR custody to
acknowledge receipt of documents contained in ORR's Legal Resource
Guide.
2. Request for a Flores Bond Hearing (Form LRG-7/7s): This
instrument is provided to UC placed by their case manager. The
instrument is always provided to UC placed in a restrictive setting
(secure, staff secure, and residential treatment center facilities) and
to UC placed in other types of facilities upon request. UC may use this
instrument to request or withdraw a request for a Flores bond hearing.
3. Motion to Request a Bond Hearing--Secure or Staff Secure Custody
(Form LRG-8A): This instrument is completed by case managers upon
receipt of a Request for a Flores Bond Hearing for a UC in secure or
staff secure custody and provided to ORR. ORR files the motion with the
local immigration court.
4. Motion to Request a Bond Hearing--Non-Secure Custody (Form LRG-
8B): This instrument is completed by case managers upon receipt of a
Request for a Flores Bond Hearing for a UC placed in a non-secure
program (e.g., shelter, foster care) and provided to ORR. ORR files the
motion with the local immigration court.
5. Request for Specific Consent to Juvenile Court Jurisdiction
(Form L-1): This instrument is used by legal service providers and
attorneys of record to request specific consent from ORR in cases where
they are seeking Special Immigrant Juvenile legal relief for their UC
client and are also seeking to invoke the jurisdiction of a state court
to determine or alter the UC's custody status or placement.
6. Specific Consent Request Case Summary (Form L-2): This
instrument is completed by ORR Federal Field Specialists (FFS) when ORR
receives a request for specific consent. FFS provide case information
that will allow the ORR Director to make an informed decision on
whether to grant specific consent.
7. Notice of Attorney Representation (Form L-3): This instrument is
completed by attorneys of record for UC to notify ORR of the purpose of
legal representation and the representation timeframe. ORR uses this
instrument to ensure that case updates are provided to attorneys of
record. This instrument may also be used by attorneys of record
[[Page 48711]]
when requesting a copy of their client's case file.
8. UC Legal Information (Form L-4): This instrument is used by case
managers to document, as applicable, referrals to the Office on
Trafficking in Persons, meetings between the UC and their legal service
provider or attorney of record, the provision of ORR's Legal Resource
Guide to the UC, information about the UC's legal service provider or
attorney of record, immigration and administrative hearings, and
provision of the Notice of Placement in a Restrictive Setting to the
UC. The instrument also includes an area to upload legal documents.
9. Legal Service Provider Record (Form L-6): This instrument is
used by case managers to create a record containing certain information
and documents that ORR makes accessible to ORR-funded legal service
providers without requiring a formal records request.
10. Motion for Change of Venue (Form L-7): This instrument is used
by case managers to file a motion for change of venue when a UC is
transferred or discharged to a new immigration court jurisdiction.
11. Post Legal Status Plan (Form L-8): This instrument is used by
case managers to create and obtain FFS Supervisor approval for a plan
for UC expected to obtain legal status, at which time the UC must be
released from ORR custody.
Proposed revisions:
<bullet> Replace the term ``unaccompanied alien child (UAC)'' with
``unaccompanied child (UC)'' throughout the instruments in this
collection. Note that the screenshots of UC Path instruments attached
to this memo do not reflect this change because it has not yet been
developed in the system. However, the revision in terminology will be
made before the system is launched.
<bullet> Remove the term ``alien'' from the title of this
information collection and revise it to read ``Legal Services for
Unaccompanied Children.''
Respondents: ORR grantee and contractor staff, UC, parents/legal
guardians of UC, attorneys of record, and legal service providers.
Annual Burden Estimates
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Annual total
Annual total number of Average burden Annual total
Instrument number of responses per minutes per burden hours
respondents respondent response
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Legal Service Provider List for UC in ORR Care 216 556.0 15 30,024
(Form LRG-5/5s)................................
Request for a Flores Bond Hearing (Form LRG-7/ 216 0.2 10 7
7s)............................................
Motion to Request a Bond Hearing--Secure or 8 3.0 10 4
Staff Secure Custody (Form LRG-8A).............
Motion to Request a Bond Hearing--Non-Secure 208 0.1 10 3
Custody (Form LRG-8B)..........................
Request for Specific Consent to Juvenile Court 40 1.0 15 10
Jurisdiction (Form L-1)........................
Specific Consent Request Case Summary (Form L-2) 216 0.2 20 14
Notice of Attorney Representation (Form L-3).... 13,000 1.0 15 3,250
UC Legal Information (Form L-4)................. 216 241.0 60 52,056
Legal Service Provider Record (Form L-6)........ 216 241.0 5 4,338
Change of Venue (Form L-7)...................... 216 208.0 10 7,488
Post Legal Status Plan (Form L-8)............... 216 24.0 15 1,296
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Estimated Annual Burden Hours Total......... .............. .............. .............. 98,490
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Authority: 6 U.S.C. 279; 8 U.S.C. 1232; Flores v. Reno Settlement
Agreement, No. CV85-4544-RJK (C.D. Cal. 1996).
Mary B. Jones,
ACF/OPRE Certifying Officer.
[FR Doc. 2021-18658 Filed 8-30-21; 8:45 am]
BILLING CODE 4184-45-P
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