Notice2024-13372
Proposed Information Collection Activity; Legal and Advocacy Services for Unaccompanied Children (Office of Management and Budget #0970-0565)
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
June 18, 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 is inviting public comment on revisions to an approved information collection. The request consists of several forms that allow the Unaccompanied Children (UC) Program to provide legal and advocacy services to unaccompanied children.
Full Text
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<title>Federal Register, Volume 89 Issue 118 (Tuesday, June 18, 2024)</title>
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[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Notices]
[Pages 51528-51530]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13372]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Proposed Information Collection Activity; Legal and Advocacy
Services for Unaccompanied Children (Office of Management and Budget
#0970-0565)
AGENCY: Office of Refugee Resettlement, Administration for Children and
Families, 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 is inviting public comment on revisions to an approved
information collection. The request consists of several forms that
allow the Unaccompanied Children (UC) Program to provide legal and
advocacy services to unaccompanied children.
DATES: Comments due August 19, 2024. In compliance with the
requirements of the Paperwork Reduction Act of 1995 (PRA), 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#0c65626a636f636060696f786563624c6d6f6a2264647f226b637a"><span class="__cf_email__" data-cfemail="127b7c747d717d7e7e7771667b7d7c527371743c7a7a613c757d64">[email protected]</span></a>.
Identify all requests by the title of the information collection.
SUPPLEMENTARY INFORMATION:
Description: This request is to remove two forms from this
collection, add two new forms, move one form from a different
information collection into this collection (with revisions), and
revise three existing forms in this collection. ORR also proposes
retitling this information collection ``Legal and Advocacy Services for
Unaccompanied Children.''
Discontinued Forms
ORR plans to remove the following forms from this information
collection:
<bullet> Motion for Change of Venue (Form L-7): This instrument was
created for the UC Path case management system and was intended to be
used for filing a motion for change of venue for children transferring
to a different ORR care provider program. However, the UC Path system
was never implemented, and this form has never been used. In addition,
this function is performed by an entity that is party to the
proceedings, typically the child's legal representative or Immigration
and Customs Enforcement, because the decision to file a change of venue
may affect the child's immigration case. A change of venue is filed for
cases where a Notice to Appear has been filed. Since neither ORR nor
its care provider programs perform this function, the form is not
needed.
<bullet> Post Legal Status Plan (Form L-8): The information
collected in this form was incorporated into the Legal Services Plan
section of the Category 4 Discharge Plan (Form R-9, currently approved
under OMB #0970-0552). Therefore, ORR plans to discontinue this form.
New Forms
ORR plans to add the following new forms to this information
collection:
<bullet> Case Status Summary for Executive Office for Immigration
Review (Form L-9): This form is completed by the Federal Field
Specialist (FFS) or care provider and sent to the Executive Office for
Immigration Review (EOIR) in advance of a child's immigration hearing.
The form provides basic information needed to ensure that EOIR has
accurate information on the child's case status. A copy of the form is
also shared with the child's legal service provider or attorney of
record and child advocate (if applicable).
<bullet> Recommended States List (Form L-11): This form is
completed by legal service providers for children without viable
sponsorship options or where the child is expected to remain in ORR
custody for 3 or more months. The form
[[Page 51529]]
provides a recommended list of states where long-term foster care
programs are present, taking into account the child's potential
immigration case.
Forms Transferred From a Different Information Collection
ORR plans to transfer the Child Advocate Recommendation and
Appointment form into this information collection (currently approved
under OMB #0970-0553). ORR also plans to move Section B: Recommendation
and Appointment and Section C: ORR Approval into a separate form to
better facilitate the referral, recommendation, and appointment
process. The separate form containing the information collected in
Sections B and C will be completed by fewer than 10 respondents and is,
therefore, not subject to PRA and is not included in this request.
In addition, ORR plans to make the following revisions to the
current content:
<bullet> Rename the form Child Advocate Referral (Form L-12A).
<bullet> Replace ``UC'' with ``child'' throughout the form.
<bullet> Add fields for the Title, Email, and Phone Number of the
referrer.
<bullet> Spilt the field to for the name of the child into three
separate fields for First Name, Second or Middle Name, and Last
Name(s).
<bullet> Add the following fields for additional information about
the child that will assist the child advocate contractor in making
recommendations:
[cir] Other Language(s) Spoken.
[cir] Is the child in ORR custody?
[cir] Was the child at another ORR care provider facility?
[cir] If yes, provide the care provider name.
[cir] Child's length of care in ORR custody.
[cir] Does the child have legal representation?
[cir] If yes, provide the following information for the legal
representative: Name, Phone, Email.
<bullet> Revise the list of reasons for referral to better reflect
the most common reasons child advocate referrals are made.
<bullet> Revise the burden estimate to reflect the number of child
advocate referrals made from April 2023 through March 2024. The annual
number of respondents increased from 216 to 300 and the annual number
of responses per respondent increased from 5 to 19.
Revisions to Existing Forms
ORR plans to make the following revisions to existing form in this
information collection:
<bullet> Request for Specific Consent to Juvenile Court
Jurisdiction (Form L-1):
[cir] Replace ``UC'' with ``child'' throughout the form.
[cir] Revised Section D: Next Steps to align with the UC Program
Foundational Rule (45 CFR 410).
[cir] Revise the burden estimate to reflect the number of requests
for specific consent received in FY 2023. The annual number of
respondents decreased from 40 to 31.
<bullet> Specific Consent Request Case Summary (Form L-2):
[cir] Remove the instruction to complete an internal clearance form
because that is no longer part of the process.
[cir] Update the email address where the form is submitted.
[cir] Add text fields for the email addresses of the case manager
and FFS to better facilitate communication when UC Program headquarter
staff have follow-up questions.
[cir] Replace ``UC'' with ``child'' throughout the form.
[cir] Revise the available dropdown options for the Level of Care
field to align with the UC Program Foundational Rule (45 CFR 410).
[cir] Revise the burden estimate to reflect the number of case
summaries completed in FY 2023 and account for an increase in the
number of care provider facilities. The annual number of respondents
increased from 216 to 300 and the annual number of responses per
respondent decreased from 0.2 to 0.1.
<bullet> Acknowledgement of Receipt of Legal Resource Guide (Form
LRG-4):
[cir] Change form number from LRG-5 to LRG-4.
[cir] Retitle form Acknowledgement of Receipt of Legal Resource
Guide (formerly titled Legal Service Provider List for UC in ORR Care).
[cir] Remove the information provided on the first page and the
list of legal service providers and their contact information. ORR
plans to incorporate this information into a separate document and
children will acknowledge receipt of that document in this form.
[cir] Revise the list of documents provided to children to reflect
forthcoming revisions and consolidation of legal resource guide
documents.
[cir] Remove requirement for children to initial each list item to
reduce burden for the child.
[cir] Add instructions to put an ``X'' in the signature line in
cases where the child is unable to sign the form and add a text field
for the care provider to document the reason the child was unable to
sign (e.g., child is 2 years old). This will assist ORR in monitoring
compliance with requirements to complete this form.
[cir] Add a field for care provider program name.
[cir] Revise the burden estimate to account for an increase in the
number of care provider facilities and in the number of children placed
in ORR care, and report the burden for care providers and unaccompanied
children separately to improve accuracy of the estimate. The annual
number of respondents increased from 216 to 300 for care providers and
121,669 unaccompanied child respondents were added. The annual number
of responses per respondent increased from 556 to 817 for care
providers and the responses per respondent for children is two (2).
[cir] ORR plans to translate the form into Spanish and other
languages commonly spoken by unaccompanied children.
Revisions to Burden Estimates Only for Existing Forms
<bullet> Notice of Attorney Representation (Form L-3):
[cir] Previously, the annual number of respondents was
overestimated at 13,000. ORR is changing that estimate to 10,000 (which
will still be higher than the number of forms submitted in the previous
year) based on the actual number of children who received direct
representation through ORR's legal service provider contractor and
rounded up to account for an expected increase in direct representation
and forms submitted by outside attorneys.
<bullet> UC Legal Information (Form L-4):
[cir] Revise the burden estimate to account for an increase in the
number of care provider facilities and in the number of children placed
in ORR care. The annual number of respondents increased from 216 to 300
and the annual number of responses per respondent increased from 241 to
406.
<bullet> Legal Service Provider Record (Form L-6):
[cir] Revise the burden estimate to account for an increase in the
number of care provider facilities and in the number of children placed
in ORR care. The annual number of respondents increased from 216 to 300
and the annual number of responses per respondent increased from 241 to
406.
Respondents: ORR grantee and contractor staff, unaccompanied
children, parents/legal guardians of unaccompanied children, attorneys
of record and legal service providers.
Annual Burden Estimates:
[[Page 51530]]
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Annual number Number of Average
Instrument of responses per burden hours Annual total
respondents respondent per response burden hours
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Request for Specific Consent to Juvenile Court 31 1.0 0.25 8
Jurisdiction (Form L-1)........................
Specific Consent Request Case Summary (Form L-2) 300 0.1 0.33 10
Notice of Attorney Representation (Form L-3).... 10,000 1.0 0.25 2,500
UC Legal Information (Form L-4)................. 300 406.0 1.00 121,800
Legal Service Provider Record (Form L-6)........ 300 406.0 0.08 9,744
Case Status Summary for Executive Office of 300 5.0 0.17 255
Immigration Review (Form L-9)..................
Recommended States List (Form L-11)............. 60 10.0 0.33 198
Child Advocate Referral (Form L-12A)-Respondents 300 19.0 0.25 1,425
Child Advocate Referral (Form L-12A)- 1 5,601.0 0.33 1,848
Recordkeepers..................................
Acknowledgment of Receipt of Legal Resource 121,669 2.0 0.25 60,835
Guide (LRG-4)-Unaccompanied Children...........
Acknowledgment of Receipt of Legal Resource 300 817.0 0.25 61,275
Guide (LRG-4)-Care Providers...................
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Estimated Annual Burden Hours Total:........ .............. .............. .............. 259,898
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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)
Mary C. Jones,
ACF/OPRE Certifying Officer.
[FR Doc. 2024-13372 Filed 6-17-24; 8:45 am]
BILLING CODE 4184-45-P
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