Notice2024-03018
Proposed Information Collection Activity: Risk Determination Hearings for Unaccompanied Children (New Collection)
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
February 14, 2024
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 collection. The request consists of several forms that will allow the Unaccompanied Children (UC) Program to implement a new set of hearings ("Risk Determination Hearings"), which will serve as due process protections for children in ORR care.
Full Text
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<title>Federal Register, Volume 89 Issue 31 (Wednesday, February 14, 2024)</title>
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[Federal Register Volume 89, Number 31 (Wednesday, February 14, 2024)]
[Notices]
[Pages 11283-11284]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03018]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Proposed Information Collection Activity: Risk Determination
Hearings for Unaccompanied Children (New Collection)
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 collection.
The request consists of several forms that will allow the Unaccompanied
Children (UC) Program to implement a new set of hearings (``Risk
Determination Hearings''), which will serve as due process protections
for children in ORR care.
DATES: Comments due within 60 days of publication. In compliance with
the requirements of the Paperwork Reduction Act of 1995, ACF is
soliciting public comment on the specific aspects of the information
collection described in this notice.
ADDRESSES: You can obtain copies of the proposed collection of
information and submit comments by emailing <a href="/cdn-cgi/l/email-protection#9ff6f1f9f0fcf0f3f3fafcebf6f0f1dffefcf9b1f7f7ecb1f8f0e9"><span class="__cf_email__" data-cfemail="d2bbbcb4bdb1bdbebeb7b1a6bbbdbc92b3b1b4fcbabaa1fcb5bda4">[email protected]</span></a>.
Identify all requests by the title of the information collection.
SUPPLEMENTARY INFORMATION:
Description: ORR plans to create a new information collection
containing five instruments in order to implement risk determination
hearings for unaccompanied children. This new information collection
will replace the Flores bond hearing process. The new instruments will
not take effect until the underlying regulations at 45 CFR part 410 on
which they are based take effect. The UC Program issued a notice of
proposed rulemaking in October 2023, which aims to adopt and replace
regulations relating to key aspects of the placement, care, and
services provided to unaccompanied children referred to ORR. The UC
Program is currently adjudicating public comments received and
preparing to publish the Final Rule in the second quarter of calendar
year 2024; the Final Rule will take effect 30 days after publishing.
Risk Determination Hearing Forms
These forms are provided to unaccompanied children placed in ORR
custody by their case manager or by individuals associated with the HHS
Departmental Appeals Board (DAB), which is responsible for the actual
day-to-day logistical operations of these hearings. These instruments
are provided to all unaccompanied children placed in a restrictive
setting (i.e., secure facilities [including residential treatment
facilities] and heightened supervision facilities), and to
unaccompanied children placed in other types of facilities upon
request. They will be translated into Spanish and other languages, as
necessary.
<bullet> Request for Risk Determination Hearing (Form RDH-1): The
unaccompanied child, the child's parent/legal guardian, or the child's
representative may use this instrument to request a Risk Determination
hearing. Children in heightened security placements who initially waive
a hearing may use this form to later request a hearing; the form may
also be used by children in non-restrictive settings to request a
hearing.
<bullet> Risk Determination Hearing Opt-Out (Form RDH-2): The
unaccompanied child or the child's representative may use this
instrument to opt out of a Risk Determination hearing.
<bullet> Appointment of Representation for Risk Determination
hearing (Form RDH-3): The unaccompanied child or the child's parent/
legal guardian may use this instrument to appoint a representative to
act on the child's behalf throughout the Risk Determination hearing
process and consent to the release of any records that are related to
the child's case to that representative.
<bullet> Risk Determination Hearing Transcript Request (Form RDH-
4): The unaccompanied child, the child's parent/legal guardian, or the
child's representative may use this instrument to request a written
transcript of the Risk Determination hearing.
<bullet> Request for Appeal of Risk Determination Hearing (Form
RDH-5): The unaccompanied child, the child's parent/legal guardian, or
the child's representative may use this instrument to appeal the
decision of the hearing officer.
Once the new risk determination hearing forms are in effect, the UC
Program will prepare a non-substantive change request to the Office of
Management and Budget (OMB) to discontinue the use of three instruments
currently approved under the Legal Services for Unaccompanied Children
information collection (OMB# 0970-0565). The forms to be replaced by
the Risk Determination Hearing forms described above include the
following:
<bullet> Request for a Flores Bond Hearing (Form LRG-7)
<bullet> Motion Requesting a Bond Hearing--Secure or Staff Secure (Form
LRG-8A)
<bullet> Motion Requesting a Bond Hearing--Non-Secure (Form LRG-8B)
Respondents: ORR grantee and contractor staff, unaccompanied
children, parents/legal guardians of unaccompanied children, attorneys
of record, and legal service providers.
Annual Burden Estimates
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Annual total
Annual total number of Average Annual total
Instrument number of responses per burden hours burden hours
respondents respondent per response
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Request for Risk Determination Hearing (Form RDH- 435 1 0.17 72.5
1).............................................
Risk Determination Hearing Opt-Out (Form RDH-2). 435 1 0.17 72.5
[[Page 11284]]
Appointment of Representative for Risk 1740 1 0.17 290
Determination Hearing (Form RDH-3).............
Risk Determination Hearing Transcript Request 16 1 0.17 3
(Form RDH-4)...................................
Request for Appeal of Risk Determination Hearing 3 1 0.17 .5
(Form RDH-5)...................................
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Estimated Total Annual Burden Hours: 438.5
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
Mary C. Jones,
ACF/OPRE Certifying Officer.
[FR Doc. 2024-03018 Filed 2-9-24; 4:15 pm]
BILLING CODE 4184-45-P
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