Notice2021-20918
Submission for OMB Review; Administration and Oversight of the Unaccompanied Children Program (OMB #0970-0547)
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
September 27, 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 inviting public comments on revisions to an approved information collection. The request consists of several forms that allow the Unaccompanied Children (UC) Program to monitor care provider facility compliance with federal laws and regulations, legal agreements, and ORR policies and procedures; and perform other administrative tasks.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 184 (Monday, September 27, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Notices]
[Pages 53319-53322]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20918]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Submission for OMB Review; Administration and Oversight of the
Unaccompanied Children Program (OMB #0970-0547)
AGENCY: Office of Refugee Resettlement, Administration for Children and
Families, Department of Health and Human Services.
ACTION: Request for public comment.
-----------------------------------------------------------------------
SUMMARY: The Office of Refugee Resettlement (ORR), Administration for
Children and Families (ACF), U.S. Department of Health and Human
Services (HHS), is inviting public comments on revisions to an approved
information collection. The request consists of several forms that
allow the Unaccompanied Children (UC) Program to monitor care provider
facility compliance with federal laws and regulations, legal
agreements, and ORR policies and procedures; and perform other
administrative tasks.
DATES: Comments due within 30 days of publication. OMB must make a
decision about 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.
SUPPLEMENTARY INFORMATION: Description: ORR received several comments
on this information collection in response to the Federal Register
Notice published on January 6, 2021, (86 FR 545) and has provided
responses to those comments in its final submission to OMB. UC Path is
critical to program operations and it is
[[Page 53320]]
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).
A. ORR plans to revise six instruments currently approved under OMB
#0970-0547. Four of the revised instruments will be incorporated into
ORR's new case management system, UC Path. The other two revised
instruments are and will remain PDF instruments. In addition, ORR plans
to add four new instruments to this collection--two will be
incorporated into UC Path and two will be in PDF format. ORR also plans
to remove one currently approved instrument from this collection.
Finally, ORR plans to replace the term ``unaccompanied alien child
(UAC)'' with ``unaccompanied child (UC)'' throughout the instruments in
this collection.
1. Care Provider Facility Tour Request (Form A-1A): This instrument
is used by advocacy groups, faith-based organizations, researchers,
government officials, and other stakeholders to request tours of ORR
care provider facilities. After the request is received, ORR documents
its decision and details regarding date and location of the tour, if
applicable, and provides the completed form to the requester. No
revisions are currently requested; ORR plans to continue use of this
form as-is.
2. Notice to UC for Flores Visits (Forms A-4 & A-4s): This
instrument is used by care provider facilities to notify UC of upcoming
visits by Flores counsel (lawyers and volunteers from the organization
that originally participated in the creation of the Flores Settlement
Agreement) and allows UC to add their name to a sign-up sheet if they
are willing to speak with Flores counsel. ORR updated the Spanish
translation of this PDF instrument.
3. Authorization for Release of Records (Form A-5): This instrument
is used by attorneys, legal service providers, government agencies, and
other stakeholders to request UC case file records. In most cases,
requesters are required to obtain the signature of the subject of the
record request (UC or their parent/legal guardian or sponsor) and a
witness. ORR made the following revisions:
[cir] Added a section in which ORR-funded legal service providers
are required to certify their representation of the child.
[cir] Added a separate area where sponsors may authorize the
release of their records.
[cir] Updated the required supporting documentation for a
representative of a federal/state government agency or the National
Center for Missing and Exploited Children to further require that the
requester specify the scope of their investigation and provide a case
reference number.
[cir] Clarified in the instructions that ORR will not release any
records that are clearly outside of the scope of a government agency's
investigation absent a court-issued subpoena or order.
4. Notification of Concern (Form A-7): This instrument is used by
home study and post-release service caseworkers, care provider case
managers, and the ORR National Call Center to notify ORR of certain
concerns that arise after a UC is released from ORR custody. This is a
new instrument that ORR plans to add to this collection.
5. Event (Form A-9): This instrument is used by ORR care provider
programs to document high-level information about situations that must
be reported to ORR. Creating an Event is the first step in creating any
type of incident report (see forms A-10A to A-10C below), PLE Report
(see form A-10D below), or Notification of Concern (see form A-7
above). After an Event is created, an incident report or Notification
of Concern is created for each UC involved in the incident and linked
to the Event. For program-level events, one PLE Report is created and
linked to the Event. Event information is visible in each individual
report/notification report. This instrument was previously approved as
part of ORR's various incident reports (Forms A-10A to A-10D). ORR is
listing it separately, as a new instrument, to better align instruments
in this collection with how data will be entered in UC Path. Some
fields that were previously entered in each incident report have been
moved into this instrument so that they only need to be entered once.
The form also contains several new fields that capture additional
information about the location and timeframe of the event. Please note
that internal form number A-9 was previously assigned to the Program-
Level Event Report.
6. Emergency Significant Incident Report (SIR) and Addendum (Form
A-10A): This instrument is used by ORR care provider programs to inform
ORR of urgent situations in which there is an immediate threat to a
child's safety and well-being that require instantaneous action. In
some cases, an Emergency SIR Addendum may be required to provide
additional information obtained after the initial report. ORR made the
following revisions:
[cir] Revised the available options for the category and
subcategory fields.
[cir] Added fields to capture additional detail on individuals
involved in the incident, actions taken, and video footage.
[cir] Added fields to capture additional information related to
reporting of incidents to child protective services, state licensing
agencies, and local law enforcement.
[cir] Added a disposition field to indicate whether the incident is
closed or if the incident is open and further action is required.
[cir] Updated functionality for the list of individuals who need to
be notified of the incident so that it is auto-populated and
notification emails can be sent from within the UC Path system.
[cir] Updated internal form numbering so that reports and addendums
fall under the same form number.
7. Significant Incident Report (SIR) and Addendum (Form A-10B):
This instrument is used by ORR care provider programs to inform ORR of
situations that affect, but do not immediately threaten, the safety and
well-being of a child. In some cases, an SIR Addendum may be required
to provide additional information obtained after the initial report.
ORR made the following revisions:
[cir] Revised the available options for the category and
subcategory fields.
[cir] Added fields to capture additional detail on individuals
involved in the incident, actions taken, and video footage.
[cir] Added fields to capture additional information related to
reporting of incidents to child protective services, state licensing
agencies, and local law enforcement.
[cir] Added a disposition field to indicate whether the incident is
closed or if the incident is open and further action is required.
[cir] Updated functionality for the list of individuals who need to
be notified of the incident so that it is auto-populated and
notification emails can be sent from within the UC Path system.
[cir] Updated internal form numbering so that reports and addendums
fall under the same form number.
8. Sexual Abuse Significant Incident Report (SA/SIR) and Addendum
(Form A-10C): This instrument is used by ORR care provider programs to
inform ORR
[[Page 53321]]
of allegations of sexual harassment, sexual abuse, and inappropriate
sexual behavior that occurred while the UC was in ORR custody. In some
cases, an SA/SIR Addendum may be required to provide additional
information obtained after the initial report. ORR made the following
revisions:
[cir] Revised the available options for the category and
subcategory fields.
[cir] Added fields to capture additional detail on individuals
involved in the incident, actions taken, and video footage.
[cir] Added fields to capture additional information related to
reporting of incidents to child protective services, state licensing
agencies, and local law enforcement.
[cir] Added a disposition field to indicate whether the incident is
closed or if the incident is open and further action is required.
[cir] Updated functionality for the list of individuals who need to
be notified of the incident so that it is auto-populated and
notification emails can be sent from within the UC Path system.
[cir] Updated internal form numbering so that reports and addendums
fall under the same form number.
9. Program-Level Event (PLE) Report and Addendum (Form A-10D): This
instrument is used by ORR care provider programs to inform ORR of
events that may affect the entire care provider facility, such as an
active shooter or natural disaster. An updated PLE Report is required
for events that occur over multiple days or if the situation changes
regarding the event. ORR made the following revisions:
[cir] Revised the available options for the category and
subcategory fields.
[cir] Added fields to capture additional detail on individuals
involved in the incident, actions taken, and video footage.
[cir] Added fields to capture additional information related to
reporting of incidents to child protective services, state licensing
agencies, and local law enforcement.
[cir] Added a disposition field to indicate whether the incident is
closed or if the incident is open and further action is required.
[cir] Updated functionality for the list of individuals who need to
be notified of the incident so that it is auto-populated and
notification emails can be sent from within the UC Path system.
[cir] Updated internal form numbering so that reports and addendums
fall under the same form number.
10. Hotline Alert (Form A-12): ORR is discontinuing this
instrument. In UC Path, the ORR National Call Center will use the
Notification of Concern instead of the Hotline Alert.
11. Key Personnel Minimum Qualifications Checklist and Attestation
(Form A-14): This instrument is used by ORR care provider programs to
request hiring approval for key positions, as required in the ORR
cooperative agreement, and, if applicable, request a waiver of minimum
qualifications when appropriately justified. This is a new instrument
that ORR plans to add to this collection and is currently approved
under OMB #0970-0558.
12. ORR Waiver Request (Form A-15): This instrument is used by ORR
care provider programs to request a waiver of a permissible regulatory,
policy, procedure, or cooperative agreement requirement. ORR considers
waiver requests when appropriately justified and when the safety and
well-being of children in ORR custody would not be adversely affected.
ORR does not have the authority to waive federal or state statute or
state regulations and may only waive certain provisions of federal
regulations where specified by the regulation. This is a new instrument
that ORR plans to add to this collection and is currently approved
under OMB #0970-0558.
B. ORR plans to remove the term ``alien'' from the title of this
information collection and revise it to read ``Administration and
Oversight of the Unaccompanied Children Program.''
C. ORR intends to conduct a phased rollout of the UC Path system.
Beginning fall 2021, ORR plans to roll the UC Path system out to a
small group of care provider programs. ORR will gradually expand use of
the system to other programs and expects all care provider programs
will be using UC Path by spring 2022. To ensure continuity of
operations, care provider programs will need the ability to continue
using instruments in the UC Portal system while they are waiting to
transition over to the UC Path system. Therefore, ORR proposes
continued use of the following UC Portal (ORR's current case management
system) instruments, concurrently with the UC Path versions of the same
instruments, until all care provider programs are using UC Path.
<bullet> Emergency Significant Incident Report and Addendum (Form A-
10A)
<bullet> Significant Incident Report and Addendum (Form A-10B)
<bullet> Sexual Abuse Significant Incident Report and Addendum (Form A-
10C)
<bullet> Program-Level Event Report and Addendum (Form A-10D)
Respondents: ORR grantee and contractor staff; advocacy groups,
faith-based organizations, researchers, and government officials;
attorneys, legal service providers, child advocates, and government
agencies; and other stakeholders.
Annual Burden Estimates
----------------------------------------------------------------------------------------------------------------
Annual number Average burden
Instrument Annual number of responses minutes per Annual total
of respondents per respondent response burden hours
----------------------------------------------------------------------------------------------------------------
Respondents
----------------------------------------------------------------------------------------------------------------
Care Provider Facility Tour Request (Form A- 200 1 10 33
1A)........................................
Notice to UC for Flores Visits (Forms A-4 & 20 1 15 5
A-4s)......................................
Authorization for Release of Records (Form A- 4,000 1 15 1,000
5).........................................
Notification of Concern (Form A-7).......... 60 75 15 1,125
Event (Form A-9)............................ 276 160 10 7,360
Emergency Significant Incident Report and 216 14 60 3,024
Addendum (Form A-10A)......................
Significant Incident Report and Addendum 216 491 60 106,056
(Form A-10B)...............................
Sexual Abuse Significant Incident Report and 216 47 60 10,152
Addendum (Form A-10C)......................
Program Level Event (Form A-10D)............ 216 7 60 1,512
Key Personnel Minimum Qualifications 235 9 10 353
Checklist and Attestation (Form A-14)......
ORR Waiver Request (Form A-15).............. 235 2 20 157
-------------------------------------------------------------------
[[Page 53322]]
Estimated Annual Burden Hours Total..... ............... ............... ............... 130,777
----------------------------------------------------------------------------------------------------------------
Record Keepers
----------------------------------------------------------------------------------------------------------------
Care Provider Facility Tour Request (Form A- 216 1 120 432
1A)........................................
Authorization for Release of Records (Form A- 216 19 20 1,368
5).........................................
-------------------------------------------------------------------
Estimated Annual Burden Hours Total..... ............... ............... ............... 1,800
----------------------------------------------------------------------------------------------------------------
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. 2021-20918 Filed 9-24-21; 8:45 am]
BILLING CODE 4184-45-P
</pre></body>
</html>Indexed from Federal Register on September 27, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.