Notice2023-09048
Submission for Office of Management and Budget (OMB) Review; Placement and Transfer of Unaccompanied Children Into Office of Refugee Resettlement Care Provider Facilities
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Published
April 28, 2023
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 the proposed information collection. This request is to extend approval of all forms currently approved under OMB #: 0970-0554. This includes two forms that were recently approved through emergency approval in October 2022. These forms 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. This request also seeks approval for revisions to a form that will ensure that UC are placed in foster homes that meet their individual needs and ensure continuity of services.
Full Text
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<title>Federal Register, Volume 88 Issue 82 (Friday, April 28, 2023)</title>
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[Federal Register Volume 88, Number 82 (Friday, April 28, 2023)]
[Notices]
[Pages 26314-26316]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09048]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
[OMB No. 0970-0554]
Submission for Office of Management and Budget (OMB) Review;
Placement and Transfer of Unaccompanied Children Into Office of Refugee
Resettlement Care Provider Facilities
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 inviting public comments on the proposed information
collection. This request is to extend approval of all forms currently
approved under OMB #: 0970-0554. This includes two forms that were
recently approved through emergency approval in October 2022. These
forms expand specific
[[Page 26315]]
policy and procedural protections to category 2 sponsors, children who
wish to challenge placement in restrictive settings, and children
seeking access to legal counsel. This request also seeks approval for
revisions to a form that will ensure that UC are placed in foster homes
that meet their individual needs and ensure continuity of services.
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. You can
also obtain copies of the proposed collection of information by
emailing <a href="/cdn-cgi/l/email-protection#f0999e969f939f9c9c959384999f9eb0919396de989883de979f86"><span class="__cf_email__" data-cfemail="224b4c444d414d4e4e4741564b4d4c624341440c4a4a510c454d54">[email protected]</span></a>. Identify all emailed requests by
the title of the information collection.
SUPPLEMENTARY INFORMATION:
Description: ORR is seeking to continue data collection for the
with all forms approved under OMB #: 0970-0554, including the below-
described revisions that were recently approved under emergency
approval for six months, additional revisions to Form P-4, and
revisions currently requested to Form P-5.
Revisions Approved Under Emergency Approval
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). 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 a 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.
Currently Proposed Revisions
ORR is proposing the following additional revision to the Notice of
Placement in a Restrictive Setting (Form P-4):
<bullet> Replace the abbreviation UC with ``unaccompanied child''
or ``child'' throughout the form.
<bullet> Under Section C, rephrase instructions to read ``Check all
reasons that apply for the current placement recommendation only''
(instead of ``For each type of placement, check all reasons that apply
for that placement only'').
<bullet> Under Section D, remove phrase ``specific incidents
related to'' from ``Provide a detailed summary of specific incidents
related to the reason(s) for restrictive placement you selected above''
to avoid any accidental conflation with Significant Incident Report
(SIR) forms.
<bullet> Under Section E, clarify that the right to consult an
attorney is at no cost to the federal government, as stated in the
Lucas R. Preliminary Injunction.
<bullet> Under Section F, clarify that there is no positive or
negative inference from a child's decision not to sign the form.
ORR is proposing the following revisions to its Long-Term Foster
Care Placement Memo (Form P-5):
<bullet> Change the title to ``Community-Based Care Placement
Memo'' and update the term ``long-term foster care'' to ``community-
based care'' throughout the memo. This term is more in line with
terminology currently used in domestic child welfare programs and will
be inclusive of ORR long-term foster care and transitional foster care
programs.
<bullet> Increase the number of respondents and number of responses
per
[[Page 26316]]
respondent to include transitional foster care programs (in addition to
long-term foster care programs).
<bullet> Update instructions on which fields are completed for
initial placements and which are completed for transfers within the
community-based care program.
<bullet> Added citation to related policies in the instructions.
<bullet> Reword some fields and instructions for clarity.
<bullet> Add field to capture the facility name for children placed
in an out-of-network community-based care program.
<bullet> Separate fields that capture contact information for the
foster family or group home into separate subsections and expand the
fields to capture additional contact information (e.g., phone or email)
in addition to name and address.
For information about all currently approved forms under this OMB
number, see: <a href="https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202210-0970-008">https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202210-0970-008</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).....................................
Community-Based Care Placement Memo (Form P-5).. 110 337 0.25 9,268
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).............................
Notice of Administrative Review (Form P-18)..... 200 1 0.83 166
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Estimated Annual Burden Hours Total......... .............. .............. .............. 7,649,415
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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); 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. 2023-09048 Filed 4-27-23; 8:45 am]
BILLING CODE 4184-45-P
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