Notice2022-23316
Expedited Office of Management and Budget Review and Public Comment; Proposed Information Collection Activity; Placement and Transfer of Unaccompanied Children Into Office of Refugee Resettlement Care Provider Facilities (OMB #0970-0554)
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Published
October 25, 2022
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 requesting expedited review of an information collection request from the Office of Management and Budget (OMB) and inviting public comments on the proposed collection. This request will allow the Unaccompanied Children (UC) Program to expand specific policy and procedural protections to category 2 sponsors, children who wish to challenge placement in restrictive settings, and children seeking access to legal counsel.
Full Text
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<title>Federal Register, Volume 87 Issue 205 (Tuesday, October 25, 2022)</title>
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[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Notices]
[Pages 64487-64489]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23316]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Expedited Office of Management and Budget Review and Public
Comment; Proposed Information Collection Activity; Placement and
Transfer of Unaccompanied Children Into Office of Refugee Resettlement
Care Provider Facilities (OMB #0970-0554)
AGENCY: Office of Refugee Resettlement, Administration for Children and
Families, U.S. Department of Health and Human Services.
ACTION: Request for public comments.
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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 requesting expedited review of an information
collection request from the Office of Management and Budget (OMB) and
inviting public comments on the proposed collection. This request will
allow the Unaccompanied Children (UC) Program to expand specific policy
and procedural protections to category 2 sponsors, children who wish to
challenge placement in restrictive settings, and children seeking
access to legal counsel.
DATES: Comments due within 60 days of publication. In compliance with
the requirements of the Paperwork Reduction Act (PRA) of 1995, ACF is
soliciting public comment on the specific aspects of the information
collection described above.
ADDRESSES: You can obtain copies of the proposed collection of
information and submit comments by emailing <a href="/cdn-cgi/l/email-protection#a0c9cec6cfc3cfccccc5c3d4c9cfcee0c1c3c68ec8c8d38ec7cfd6"><span class="__cf_email__" data-cfemail="2841464e474b4744444d4b5c41474668494b4e0640405b064f475e">[email protected]</span></a>.
Identify all requests by the title of the information collection.
SUPPLEMENTARY INFORMATION: Description: ACF is requesting emergency
review and approval of this information collection by OMB, as
authorized under 44 U.S.C. 3507 (subsection j). The proposed revisions
to this information collection are necessary to allow the ORR UC
Program to comply with a court order. The information collected is
essential to the mission of the agency and an unanticipated event has
occurred that could reasonably cause a court-ordered deadline to be
missed if normal PRA clearance procedures are followed. On June 29,
2018, Plaintiffs filed their Federal class action lawsuit in the
Central District of California, western division, captioned Lucas R. et
al v. Azar et al (Case No. CV 18-5741-DMG (PLAx)), asserting claims
under the Flores consent decree, the Trafficking Victims Protection
Reauthorization Act, the Due Process clause, and the First Amendment.
Plaintiffs allege violation of UC rights in decisions regarding family
reunification, placement in restrictive facilities, administration of
psychotropic medication, and access to legal assistance. On August 30,
2022, the Court issued a Preliminary Injunction in response to the
Cross-Motions for Summary Judgement on the family reunification,
restrictive placement, and legal services claims. As part of that
injunction, ORR is obligated to expand specific policy and procedural
protections to category 2 sponsors, children who wish to challenge
placement in restrictive settings, and children seeking access to legal
counsel by the time the Final Order takes effect. Those policy and
procedural protections include specific changes regarding notification
of rights and documentation of restrictive placement, both of which
require a new instrument and revision to an existing instrument in this
information collection. The Final Order takes effect on October 29,
2022.
[[Page 64488]]
ORR added a new instrument titled Notice of Administrative Review
(Form P-18) that serves as written notice of receipt of a Placement
Review Panel request and provides the UC with information on next steps
to take when requesting a review and reconsideration of the UC's
placement in a restrictive setting. The notice also requests that the
UC and/or their representative provide a written statement and decision
on whether they are requesting a hearing. If a hearing is requested,
the UC and/or their representative are also asked to provide:
<bullet> The name, email address, and telephone number for the UC's
attorney or child advocate.
<bullet> The UC's preferred language.
<bullet> Whether the UC will need an interpreter (of if the UC's
representative will provide an interpreter).
<bullet> The names and email addresses for the witnesses the UC or
their representative plan to call at the hearing.
<bullet> Whether the UC has any special needs.
Additionally, ORR made the below-listed revisions to the Notice of
Placement in a Restrictive Setting (Form P-4/4s/4d/4p). Many of the new
fields in this form are also contained in the 30-Day Restrictive
Placement Case Review (Form S-16), which is approved under OMB 0970-
0553. The below revisions effectively merge Forms P-4 and S-16 into one
form. ORR plans to submit a nonsubstantive change request to
discontinue Form S-16 soon.
<bullet> Reorganized the form into six main sections--UC
Information, ORR's Determinations Related to Safety, Reasons for
Restrictive Placement, Summary of Supporting Evidence for Restrictive
Placement, Your Rights to Challenge Your Placement, and UC's
Acknowledgement of Receipt.
<bullet> Added the following fields under the UC Information
section:
[cir] Preferred Language.
[cir] Out-of-Network Facility Name.
[cir] If applicable, explain the reasons that the UC is placed in
an out-of-network facility.
[cir] Date of Placement at Current Restrictive Facility.
[cir] Date of Initial Notice of Placement.
[cir] Date Next Notice of Placement is Due (within 30 days).
<bullet> Created the ORR's Determinations Related to Safety section
and added the following checkboxes:
[cir] UC presents a danger to self or community.
[cir] UC poses a risk of escape.
<bullet> Revised the Reasons for Restrictive Placement section as
follows:
[cir] Under Secure Facility:
[ssquf] Removed checkbox ``Have committed, threatened to commit, or
engaged in serious, self-harming behavior that poses a danger to self
while in ORR custody.''
[ssquf] Revised the checkbox ``Have a history of or display sexual
predatory behavior, or have inappropriate sexual behavior,'' to instead
read ``Have committed sexual abuse, where there is coercion by overt or
implied threats of violence against another person and/or there is an
immediate danger to others.''
[ssquf] Added checkbox ``Are pending transfer of discharge/release
to:''
[cir] Under Residential Treatment Center:
[ssquf] Added checkbox ``Are pending transfer of discharge/release
to:''
[cir] Under Staff Secure Facility:
[ssquf] Replaced checkbox ``Could be stepped down from a secure
facility'' with ``Are pending transfer of discharge/release to:''
<bullet> Under Summary of Supporting Evidence for Restrictive
Placement:
[cir] Split text box into three separate text boxes, one each for
the case manager, case coordinator, and Federal field specialist.
[cir] Added fields for case manager, case coordinator, and Federal
field specialist names and their overall recommendations.
<bullet> Added additional information on how UC may request to
change their placement in a restrictive setting under the Your Rights
to Challenge Your Placement section.
<bullet> Added a field for the name and title of the care provider/
issuing official.
<bullet> Added fields for the language used to explain the form to
the UC, the name of the person who explained the form, and their
interpreter ID#, if applicable.
For information about all currently approved forms under this OMB
number, see: <a href="https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202110-0970-001">https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202110-0970-001</a>.
Respondents: ORR grantee and contractor staff; UC; and other
Federal agencies.
Annual Burden Estimates:
Note: These burden estimates include burden related to the
revisions described above and currently approved forms for which we
are not proposing any changes.
Estimated Burden Hours for Respondents
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Annual number Average burden
Information collection title Annual number of responses hours per Annual total
of respondents per respondent response burden hours
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Placement Authorization (Form P-1).............. 262 536 0.08 11,235
Authorization for Medical, Dental, and Mental 262 536 0.08 11,235
Health Care (Form P-2).........................
Notice of Placement in a Restrictive Setting 15 114 0.33 564
(Form P-4/4s)..................................
Long Term Foster Care Placement Memo (Form P-5). 35 6 0.25 53
UC Referral (Form P-7).......................... 25 4,909 1.00 122,725
Care Provider Checklist for Transfers to Influx 262 19 0.25 1,245
Care Facilities (Form P-8).....................
Medical Checklist for Transfers (Form P-9A)..... 262 49 0.08 1,027
Medical Checklist for Influx Transfers (Form P- 262 96 0.17 4,276
9B)............................................
Transfer Request (Form P-10A)................... 262 67 0.42 7,373
Transfer Request (Form P-10A)................... 275 67 0.33 6,080
Influx Transfer Request (Form P-10B)............ 262 96 0.42 10,564
Transfer Summary and Tracking (Form P-11)....... 262 67 0.17 2,984
Program Entity (Form P-12)...................... 262 12 0.50 1,572
UC Profile (Form P-13).......................... 262 468 0.75 91,962
ORR Transfer Notification--ORR Notification to 262 67 0.17 2,984
Immigration and Customs Enforcement Chief
Counsel of Transfer of UC and Request to Change
Address/Venue (Form P-14)......................
Family Group Entity (Form P-15)................. 25 120 0.08 240
Influx Transfer Manifest (Form P-16)............ 3 12 0.33 12
Influx Transfer Manual and Prescreen Criteria 262 56,213 0.50 7,363,903
Review (Form P-17).............................
[[Page 64489]]
Notice of Administrative Review (Form P-18)..... 200 1 0.83 166
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Estimated Annual Burden Hours Total:........ .............. .............. .............. 7,640,200
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Comments: The Department specifically requests comments on (a)
whether the proposed collection of information is necessary for the
proper performance of the functions of the agency, including whether
the information shall have practical utility; (b) the accuracy of the
agency's estimate of the burden of the proposed collection of
information; (c) the quality, utility, and clarity of the information
to be collected; and (d) ways to minimize the burden of the collection
of information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted
within 60 days of this publication.
Authority: 6 U.S.C. 279; 8 U.S.C. 1232; Flores v. Reno Settlement
Agreement, No. CV85-4544-RJK (C.D. Cal. 1996); 45 CFR part 411; Lucas
R. et al v. Azar et al (Case No. CV 18-5741-DMG (PLAx)) Preliminary
Injunction.
Mary B. Jones,
ACF/OPRE Certifying Officer.
[FR Doc. 2022-23316 Filed 10-24-22; 8:45 am]
BILLING CODE 4184-45-P
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