Notice2024-24588
Submission for Office of Management and Budget Review; Legal and Advocacy Services for Unaccompanied Children (Office of Management and Budget #0970-0565)
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Published
October 24, 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 206 (Thursday, October 24, 2024)</title>
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[Federal Register Volume 89, Number 206 (Thursday, October 24, 2024)]
[Notices]
[Pages 84884-84887]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24588]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Submission for Office of Management and Budget Review; Legal and
Advocacy Services for Unaccompanied Children (Office of Management and
Budget #0970-0565)
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 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 November 25, 2024. The Office of Management and
Budget (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.
[[Page 84885]]
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#177e79717874787b7b7274637e787957767471397f7f6439707861"><span class="__cf_email__" data-cfemail="137a7d757c707c7f7f7670677a7c7d537270753d7b7b603d747c65">[email protected]</span></a>. Identify all emailed requests by
the title of the information collection.
SUPPLEMENTARY INFORMATION: Description: This request is to remove five
forms from this collection, add two new forms, move two forms from a
different information collection into this collection (with revisions
to one of those forms), 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:
1. Request for a Flores Bond Hearing (Form LRG-7), Motion to
Request a Bond Hearing--Secure or Staff Secure Custody (Form LRG-8A),
and Motion to Request a Bond Hearing--Non-Secure Custody (Form LRG-8B):
The bond hearing process was replaced with a Risk Determination Hearing
process under the UC Program Foundational Rule, 45 CFR 410. These forms
were replaced with a new set of form specific to the RDH process,
approved under OMB #0970-0633.
2. 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.
3. 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:
1. 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).
2. Recommended States List (Form L-11): This form is completed by
legal service providers for children transferring to a long-term foster
care (LTFC) placement. The form provides a recommended list of
preferred placement locations recommended by the legal service provider
(LSP) based on the child's potential for immigration relief in each
state, type of immigration relief, and status of court hearings or
relief petitions. The LSP's recommendation is one of several factors
ORR considers when making an LTFC placement determination.
Forms Transferred From a Different Information Collection
1. ORR plans to transfer the ``Notice of Administrative Review
(Form P-18)'' into this information collection without revisions. This
form is currently approved under OMB #0970-0554.
2. ORR plans to transfer the ``Child Advocate Recommendation and
Appointment'' form into this information collection (currently approved
under OMB #0970-0553). The currently approved version has been revised
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 Paperwork
Reduction Act and is not included in this request.
Additionally, ORR proposes the following revisions to assist its
child advocate contractor in supporting referred children and making
recommendations. ORR worked directly with the contractor to improve the
form and incorporated recommendations the contractor submitted via
public comment.
1. Rename the form ``Child Advocate Referral'' (Form L-12A).
2. Replace ``UC'' with ``child'' throughout the form.
3. Add fields for the Title, Email, and Phone Number of the
referrer.
4. Make the following revisions related to the child's biographic
information:
[cir] Split the field to for the name of the child into three separate
fields for First Name, Second, or Middle Name, and Last Name(s)
[cir] Add fields for Also Known As (AKA) and Nicknames or Preferred
Names
[cir] Change the Gender field from an open text field to a dropdown
field with options for Male, Female, and Nonbinary.
[cir] Add a field for Other Language(s) Spoken
5. Add the following fields related to the child's entry into the
United States:
[cir] U.S. Port of Entry Where Child Entered
[cir] Date of Apprehension by DHS
6. Make the following revisions related to the child's placement:
[cir] Reword the Care Provider field to Current Care Provider Facility
[cir] Reword the Admission Date field to Provider Admission Date
[cir] Add the following fields:
[ssquf] Is the child in ORR custody?
[ssquf] Was the child at another ORR care provider facility?
[ssquf] If yes, provide the care provider facility name(s)
[ssquf] Add a field for Date of Entry into ORR Custody
[ssquf] Child's Length of Care in ORR Custody
7. Add the following fields related to the child's sponsor:
[cir] Does the child have a sponsor?
[cir] If yes, what category has ORR assigned to this sponsor?
[cir] How many potential sponsors has the child had?
8. Add the following fields related to the child's legal
representation:
[cir] Does the child have legal representation?
[cir] If yes, provide the following information for the legal
representative: Name, Phone, Email
9. Revise the list of reasons for referral to better reflect the
most common reasons child advocate referrals are made.
10. Add a text box where referrers can provide additional details
regarding the reason for referral.
11. Revise the burden estimate to reflect the number of child
advocate referrals made from April 2023 through
[[Page 84886]]
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 forms in this
information collection:
1. Request for Specific Consent to Juvenile Court Jurisdiction
(Form L-1):
[cir] Replace ``UC'' with ``child'' throughout the form
[cir] Update language in the form's introductory text and Section D:
Next Steps to align with the UC Program Foundational Rule (45 CFR 410).
[cir] Reword the Name of Intended Guardian field to Name of Intended
Individual or Entity to be Granted Custody to account for the fact that
not all states use the word ``guardian'' to describe an individual or
entity granted legal custody of a child. Revision is responsive to
public comments.
[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.
2. 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 Bureau 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] Change the Gender field from an open text field to a dropdown
field with options for Male, Female, and Nonbinary.
[cir] Remove question 3 (If the child was released from ORR custody
into the new custody situation, would there be any risk of escape?) and
the mention of ``flight risk'' in Section C to align with the UC
Program Foundational Rule. Revision is responsive to public comments.
[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.
3. 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 two 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
1. 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.
2. 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.
3. 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:
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Number of Average burden
Instrument Annual number responses per hours per Annual total
of respondents respondent response burden hours
----------------------------------------------------------------------------------------------------------------
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-3A)... 5,000 1.0 0.25 1,250
Notice of Legal Service Provider Screening (Form 5,000 1.0 0.17 850
L-3B)..........................................
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)..................
[[Page 84887]]
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...................
Notice of Administrative Review (Form P-18)..... 200 1.0 .83 166
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Estimated Annual Burden Hours Total......... .............. .............. .............. 259,664
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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).
Mary C. Jones,
ACF/OPRE Certifying Officer.
[FR Doc. 2024-24588 Filed 10-23-24; 8:45 am]
BILLING CODE 4184-45-P
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