Notice2024-10188
Submission for Office of Management and Budget Review; Risk Determination Hearings for Unaccompanied Children (New Collection)
Primary source
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Published
May 10, 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 requesting approval from the Office of Management and Budget (OMB) and inviting public comments on the proposed information 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 92 (Friday, May 10, 2024)</title>
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[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Notices]
[Pages 40485-40486]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10188]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Submission for Office of Management and Budget Review; 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 requesting approval from the Office of Management
and Budget (OMB) and inviting public comments on the proposed
information 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
[[Page 40486]]
will serve as due process protections for children in ORR care.
DATES: Comments due within 30 days of publication. OMB is required to
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#51383f373e323e3d3d343225383e3f113032377f3939227f363e27"><span class="__cf_email__" data-cfemail="c8a1a6aea7aba7a4a4adabbca1a7a688a9abaee6a0a0bbe6afa7be">[email protected]</span></a>. Identify all emailed 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 the new 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 has adjudicated public comments received and has announced its
intention to publish the Final Rule on April 30th, 2024; the Final Rule
will take effect 60 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
unaccompanied children placed in a restrictive setting (heightened
supervision facilities and residential treatment center facilities)
upon a finding by ORR that a child would present a danger to the
community if released, and to unaccompanied children placed in other
types of facilities upon request. They will be translated into Spanish
and other languages, as needed.
<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.
<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 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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Total number Average burden
Instrument Annual number of responses hours per Annual total
of respondents per respondent response burden hours
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Request for Risk Determination Hearing (Form RDH- 250 1 0.17 42.5
1).............................................
Risk Determination Hearing Opt-Out (Form RDH-2). 250 1 0.17 42.5
Appointment of Representative for Risk 1000 1 0.17 170
Determination Hearing (Form RDH-3).............
Risk Determination Hearing Transcript Request 16 1 0.17 2.7
(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: 258.2.
Authority: 6 U.S.C. 279; 8 U.S.C. 1232
Mary C. Jones,
ACF/OPRE Certifying Officer.
[FR Doc. 2024-10188 Filed 5-9-24; 8:45 am]
BILLING CODE 4184-45-P
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