Rule2024-13560
Unaccompanied Children Program Foundational Rule; Correction
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 26, 2024
Effective
July 1, 2024
Issuing agencies
Health and Human Services DepartmentChildren and Families Administration
Abstract
The ORR is correcting a final rule that appeared in the Federal Register on April 30, 2024. The final rule adopted and replaced regulations relating to key aspects of the placement, care, and services provided to unaccompanied children referred to the ORR, pursuant to ORR's responsibilities for coordinating and implementing the care and placement of unaccompanied children who are in Federal custody by reason of their immigration status under the Homeland Security Act of 2002 (HSA) and the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA). The final rule established a foundation for the Unaccompanied Children Bureau Program (UC Bureau Program) that is consistent with ORR's statutory duties, for the benefit of unaccompanied children and to enhance public transparency as to the policies governing the operation of the UC Bureau.
Full Text
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<title>Federal Register, Volume 89 Issue 123 (Wednesday, June 26, 2024)</title>
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[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Rules and Regulations]
[Pages 53359-53361]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13560]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 410
[Docket #2024-08329]
RIN 0970-AC93
Unaccompanied Children Program Foundational Rule; Correction
AGENCY: Office of Refugee Resettlement (ORR), Administration for
Children and Families (ACF), U.S. Department of Health and Human
Services (HHS).
ACTION: Final rule; correction.
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SUMMARY: The ORR is correcting a final rule that appeared in the
Federal Register on April 30, 2024. The final rule adopted and replaced
regulations relating to key aspects of the placement, care, and
services provided to unaccompanied children referred to the ORR,
pursuant to ORR's responsibilities for coordinating and implementing
the care and placement of unaccompanied children who are in Federal
custody by reason of their immigration status under the Homeland
Security Act of 2002 (HSA) and the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (TVPRA). The final rule
established a foundation for the Unaccompanied Children Bureau Program
(UC Bureau Program) that is consistent with ORR's statutory duties, for
the benefit of unaccompanied children and to enhance public
transparency as to the policies governing the operation of the UC
Bureau.
DATES: Effective July 1, 2024.
FOR FURTHER INFORMATION CONTACT: Toby Biswas, Director of Policy,
Unaccompanied Children Bureau Program, Office of Refugee Resettlement,
Administration for Children and Families, Department of Health and
Human Services, Washington, DC, (202) 205-4440 or <a href="/cdn-cgi/l/email-protection#dd889e8db2b1b4bea4f08fb8baa8b1bca9b2afa49cbbbbbcb4afae9dbcbebbf3b5b5aef3bab2ab"><span class="__cf_email__" data-cfemail="346177645b585d574d19665153415855405b464d755252555d4647745557521a5c5c471a535b42">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: In the final rule published April 30, 2024
(89 FR 34384), there were a number of technical errors that are
identified and corrected in this document. The provisions in this
correction document are effective as if they had been included in the
document published April 30, 2024. Accordingly, the following
corrections are effective July 1, 2024.
In FR Doc. 2024-08329, appearing on page 34384 in the Federal
Register of
[[Page 53360]]
Tuesday, April 30, 2024, the following corrections are made:
Corrections to Preamble
1. On page 34407, in the third column, above the heading ``Section
410.1102 Care Provider Facility Types'', add a paragraph to read ``ORR
also made technical revisions to Sec. 410.1101(e) to replace `takes'
with `shall take' and to delete the word `begin'.''
2. On page 34408, in the third column, in the third full paragraph,
the phrase ``Currently, under existing policy, a child is a candidate
for long-term home care if the child is expected to have a protracted
stay in ORR and is under the age of 17 and 6 months at the time of
placement'' is corrected to read, ``Currently, under existing policy, a
child is a candidate for long-term home care if the child is expected
to have a protracted stay in ORR care and is under the age of 17 years
and 6 months at the time of placement''.
3. On page 34419, in the first column, in the top paragraph
continuing from the previous page, the sentence ``Further, as discussed
in section III.B.3 of the proposed rule and this final rule, the 2019
Final Rule is currently subject to an injunction.'' is corrected to
read ``Further, as discussed in section IV.B.3 of the proposed rule and
section III.B.3 of this final rule, the 2019 Final Rule is currently
subject to an injunction.''
4. On page 34419, in the second column, in the first full
paragraph, the third sentence ``Thus, as noted in the NPRM, ORR exceeds
the statutory requirement by requiring at Sec. 410.1103(d), consistent
with its existing policy, that all restrictive placements be reviewed
at least every 30 days to determine whether a new level of care is
appropriate (88 FR 68998).'' is corrected to read, ``Thus, as noted in
the NPRM, ORR exceeds the statutory requirement by requiring at Sec.
410.1103(d), consistent with its existing policy, that all restrictive
placements be reviewed at least every 30 days to determine whether a
new level of care is appropriate (88 FR 68921).''.
5. On page 34421, in the third column, the last sentence of the
continuing paragraph, ``These exceptions are consistent with placement
considerations described in the TVPRA at 8 U.S.C. 1232(c)(2)(A)
(noting, for example, that in making placements HHS `may consider
danger to self, danger to the community, and risk of flight'), and
exceptions provided for in section paragraph 19 of the FSA.'' is
corrected to read, ``These exceptions are consistent with placement
considerations described in the TVPRA at 8 U.S.C. 1232(c)(2)(A)
(noting, for example, that in making placements HHS `may consider
danger to self, danger to the community, and risk of flight'), and
exceptions provided for in paragraph 19 of the FSA.''.
6. On page 34427, in the second column, in the second sentence of
the first full paragraph, the phrase ``The standards at subpart D
include many of the protections that commenters have requested,
including significant ones addressing minimum standards applicable at
standard and secure facilities,'' is corrected to read, ``The standards
at subpart D include many of the protections that commenters have
requested, including significant ones addressing minimum standards
applicable at standard programs and secure facilities,''.
7. On page 34455, in the third column, the first sentence of the
second full paragraph, ``After consideration of public comments, ORR is
making the following modifications to regulatory language at Sec. Sec.
410.1204(b) and 410.1204(e).'' is corrected to read, ``After
consideration of public comments, ORR is making the following
modifications to regulatory language at Sec. 410.1204(b), (d), and
(e).''.
8. On page 34499, in the third column, the second sentence of the
last paragraph, ``Section 410.1303(g) as proposed in the NPRM
(redesignated to Sec. 410.1303(h)(4) in the final rule) has no bearing
on whistleblower policy and protections in any way and does not intend
to infringe upon them.'' is corrected to read, ``Section 410.1303(g)(4)
as proposed in the NPRM (redesignated to Sec. 410.1303(h)(4) in the
final rule) has no bearing on whistleblower policy and protections in
any way and does not intend to infringe upon them.''.
9. On page 34506, in the third column, the first two sentences of
the second full paragraph are corrected, and a new third sentence is
added, to read, ``After consideration of public comments, ORR is
revising Sec. 410.1304(a) by replacing `must,' as used in the NPRM, to
`shall' and `care provider facilities shall' instead of `the behavior
management strategies must.' ORR is revising Sec. 410.1304(a)(1) to
replace `family/sponsor' with `sponsor.' In addition, ORR is revising
Sec. 410.1304(a)(2)(ii) to include `religious observation and
services' as one of the activities that care providers are prohibited
from denying to unaccompanied children and is otherwise finalizing this
section as proposed. ORR is also revising Sec. 410.1304(c) to remove
the phrase `as a behavioral intervention.' ''.
10. On page 34511, in the third column, the first sentence of the
last paragraph, ``Lastly, ORR notes that it is finalizing language
access requirements related to education services at Sec. 410.1306(e),
healthcare services at Sec. 410.1306(g), and legal services at Sec.
410.1306(h), so that unaccompanied children understand the services
that are being offered and/or provided.'' is corrected to read,
``Lastly, ORR notes that it is finalizing language access requirements
related to education services at Sec. 410.1306(d), healthcare services
at Sec. 410.1306(g), and legal services at Sec. 410.1306(h), so that
unaccompanied children understand the services that are being offered
and/or provided.''.
11. On page 34518, in the third column, in third full paragraph,
the citation ``8 CFR 68946'' is corrected to read ``88 FR 68946''.
12. On page 34529, in the third column, at the beginning of the
third full paragraph, add the heading ``Comment:''.
13. On page 34545, in the first column, in the last sentence in the
first full paragraph, the CFR citation ``Sec. 410.1307(b)'' is
corrected to read, ``Sec. 410.1307(c)''.
14. On page 34547, in the first column, the first sentence of the
fourth full paragraph, ``ORR notes that pursuant to Sec. 410.1902 as
proposed in the NPRM and finalized, an unaccompanied child transferred
to a restrictive placement (secure, heightened supervision or
Residential Treatment Center) will be able to request reconsideration
of such placement.'' is corrected to read, ``ORR notes that pursuant to
Sec. 410.1902 as proposed in the NPRM and finalized in this final
rule, an unaccompanied child transferred to a restrictive placement
(secure, heightened supervision or Residential Treatment Center) will
be able to request reconsideration of such placement.''.
15. On page 34547, in the third column, the third paragraph,
``Comment: One commenter recommended the Group Transfer proposal
include language to protect the individual rights of an unaccompanied
child within a group of unaccompanied children being transferred so
that timelines or due process rights of each unaccompanied child is
recognized.'' is corrected to read, ``Comment: One commenter
recommended the Group Transfer proposal include language to protect the
individual rights of an unaccompanied child within a group of
unaccompanied children being transferred so that timelines or due
[[Page 53361]]
process rights of each unaccompanied child are recognized.''.
16. On page 89 FR 34547, in the third column, the second sentence
of the fourth paragraph, ``As previously discussed in Sec. 410.1302,
care provider facilities, as discussed previously in Sec. 410.1302,
will continue to follow ORR policy to ensure that the best interests of
unaccompanied children are met.'' is corrected to read, ``As previously
discussed in Sec. 410.1302, care provider facilities will continue to
follow ORR policy to ensure that the best interests of unaccompanied
children are met.''.
17. On page 34561, in the third column, beginning on the 22nd line,
the sentence ``ORR is also replacing `arrested' with `apprehended' at
Sec. 410.1801(c)(7).'' is corrected to read, ``ORR is also replacing
`arrested' with `apprehended' at Sec. 410.1801(c)(8).''.
18. On page 34562, in the third column, the last sentence of the
paragraph continuing from the second column, ``If a child is placed
into an EIF as an initial placement and as a result lacks records
sufficient to indicate particular vulnerability (i.e., immediately upon
transfer into ORR custody from another Federal agency), ORR screens
such children for the particular vulnerabilities within 5 days of EIS
placement and continues to monitor children for particular
vulnerabilities thereafter.'' is corrected to read, ``If a child is
placed into an EIF as an initial placement and as a result lacks
records sufficient to indicate particular vulnerability (i.e.,
immediately upon transfer into ORR custody from another Federal
agency), ORR screens such children for the particular vulnerabilities
within 5 days of EIF placement and continues to monitor children for
particular vulnerabilities thereafter.''.
19. On page 34564, in the first column, in the paragraph continuing
from the previous page, beginning on the eighth line, the sentence
``ORR proposed in the NPRM, at Sec. 410.1901(d), to establish regular
administrative reviews for restrictive placements (88 FR 68960).'' is
corrected to read, ``ORR proposed in the NPRM, at Sec. 410.1901(d), to
establish regular administrative reviews for restrictive placements (88
FR 68959).''.
Corrections to Regulations
Sec. 410.1000 [Corrected]
0
20. On page 34584, in the third column, in Sec. 410.1000, in paragraph
(a), ``(UC Program)'' is corrected to read ``(UC Bureau)''.
Sec. 410.1001 [Corrected]
0
21. On page 34586, in the third column, in Sec. 410.1001, in the
definition of Mechanical restraint, ``Unaccompanied Children Program''
is corrected to read ``Unaccompanied Children Bureau''.
Sec. 410.1003 [Corrected]
0
22. On page 34588, in the third column, in Sec. 410.1003, at the end
of paragraph (e), ``UC Program'' is corrected to read ``UC Bureau''.
Sec. 410.1104 [Corrected]
0
23. On page 34590, in the third column, Sec. 410.1105(b)(2)(iv) is
corrected to read:
``(iv) Has a non-violent criminal or delinquent history not
warranting placement in a secure facility, such as isolated or petty
offenses as described in paragraph (a)(3)(i) of this section;''
Sec. 410.1302 [Corrected]
0
24. On page 34597, in the second column, in Sec. 410.1302, the second
paragraph (c)(2)(iv) is redesignated as paragraph (c)(2)(ix).
Elizabeth J. Gramling,
Executive Secretary, Department of Health and Human Services.
[FR Doc. 2024-13560 Filed 6-25-24; 8:45 am]
BILLING CODE 4184-45-P
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</html>Indexed from Federal Register on June 26, 2024.
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