Notice2024-29113
Privacy Act of 1974; System of Records
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
December 12, 2024
Effective
January 13, 2025
Issuing agencies
Health and Human Services DepartmentChildren and Families Administration
Abstract
In accordance with the requirements of the Privacy Act of 1974, as amended, the Department of Health and Human Services (HHS) is modifying an existing system of records maintained by the Office of Refugee Resettlement (ORR) within HHS' Administration for Children and Families (ACF), System No. 09-80-0321, ORR Division of Children's Services Records (being renamed ORR Unaccompanied Children Bureau (UCB) Administrative Program Records).
Full Text
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<title>Federal Register, Volume 89 Issue 239 (Thursday, December 12, 2024)</title>
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[Federal Register Volume 89, Number 239 (Thursday, December 12, 2024)]
[Notices]
[Pages 100500-100507]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29113]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Privacy Act of 1974; System of Records
AGENCY: Office of Refugee Resettlement (ORR), Administration for
Children and Families (ACF), Department of Health and Human Services
(HHS).
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, the Department of Health and Human Services (HHS) is
modifying an existing system of records maintained by the Office of
Refugee Resettlement (ORR) within HHS' Administration for Children and
Families (ACF), System No. 09-80-0321, ORR Division of Children's
Services Records (being renamed ORR Unaccompanied Children Bureau (UCB)
Administrative Program Records).
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of
records is effective January 13, 2025, subject to a 30-day period in
which to comment on the new and revised routine uses, described below.
Please submit any comments by January 13, 2025.
ADDRESSES: The public should address written comments on this notice to
Hanan Abu Lebdeh, Senior Agency Officer for Privacy, by mail at
Administration for Children and Families, Mary E. Switzer Building, 330
C Street SW, Washington, DC 20201, or by email at
<a href="/cdn-cgi/l/email-protection#1b737a757a75357a796e777e797f7e735b7a787d35737368357c746d"><span class="__cf_email__" data-cfemail="68000906090646090a1d040d0a0c0d0028090b0e4600001b460f071e">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: General questions about the modified
system of records may be submitted to Edward Nazarko, Technical Lead
for UC Technology, Administration for Children and Families, by mail or
email at 330 C Street SW, Washington, DC 20201, or
<a href="/cdn-cgi/l/email-protection#ddb8b9aabcafb9f3b3bca7bcafb6b29dbcbebbf3b5b5aef3bab2ab"><span class="__cf_email__" data-cfemail="1d78796a7c6f7933737c677c6f76725d7c7e7b3375756e337a726b">[email protected]</span></a>, or by phone at (202) 839-0615.
SUPPLEMENTARY INFORMATION:
I. Background on ORR Responsibilities, Affecting SORN 09-80-0321
Within ORR, the Unaccompanied Children Bureau (UCB) administers
ORR's responsibilities for the placement, care, and services provided
to unaccompanied children who are in Federal custody by reason of their
immigration status. Such responsibilities are carried out pursuant to
ORR's statutory and delegated authorities under section 462 of the
Homeland Security Act of 2002 (HSA), 6 U.S.C. 279, section 235 of the
William Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008 (TVPRA), 8 U.S.C. 1232, and regulations at 45 CFR parts 410 and
411. Systems of records maintained by ORR are ``mixed,'' in that they
contain, or could contain, records pertaining to both (1) individuals
who are covered by the Privacy Act and (2) individuals who are not
covered by the Privacy Act. SORN 09-80-0321 includes a statement to
this effect in the ``Categories of Individuals'' section.
The Privacy Act applies only to individuals who are U.S. citizens
or non-U.S. citizens lawfully admitted for permanent residence in the
United States. As a matter of discretion, ORR treats information
maintained in its mixed systems of records as being subject to the
protections of the Privacy Act, regardless of whether the information
relates to individuals covered by the Privacy Act. This policy
implements a 1975 Office of Management and Budget (OMB) recommendation
to apply, as a matter of discretion, the administrative provisions of
the Privacy Act to records about individuals in mixed systems of
records (referred to as the non-U.S. persons policy). See OMB Privacy
Act Implementation: Guidelines and Responsibilities, 40 FR 28948, 28951
(July 9, 1975).
The Privacy Act defines a ``routine use'' with respect to the
disclosure of a record to mean ``the use of such record for a purpose
which is compatible with the purpose for which it was collected.'' 5
U.S.C. 552a(a)(7). Because ORR is not an immigration enforcement
agency--but rather is responsible for placing unaccompanied children
with vetted and approved sponsors, providing care and services to
unaccompanied children who are in Federal custody by reason of their
immigration status, and identifying and assessing the suitability of a
potential sponsor for each child--it is incompatible with ORR's program
purposes to share information in a system of records, particularly
confidential mental health or behavioral information in children's case
files, for immigration enforcement purposes. See H.R. Rep No. 116-450,
at 185 (2020) (directing ORR to ``refrain from sharing any information
with immigration courts for master calendar hearings, where the court
is not making any decisions about the child's custody,'' and to
``develop policies and protocols to ensure the confidentiality of
counseling and mental health services provided to unaccompanied
children, and of all related documentation, including case notes and
records of therapists and other clinicians, and to incorporate these
policies into the ORR policy guide . . .''); see also id. at 230
(noting the inclusion in that year's appropriations a provision
``prohibiting the use of funds to share information provided by
unaccompanied children during mental health or therapeutic services
with the Department of Homeland Security or the Department of Justice
for the purposes of immigration enforcement.''). In addition,
consistent with TVPRA 8 U.S.C. 1232(c) and HSA, 6 U.S.C. 279(b),
information shared by HHS, with certain limited exceptions, cannot be
used to enforce immigration laws against an unaccompanied child's
sponsor, potential sponsor or a member of their household.\1\
Accordingly, SORN 09-80-0321 mentions at the start of the ``Routine
Uses'' section that disclosures for immigration enforcement purposes
will not be made under routine uses, but would be made only with the
subject individual's prior written consent.
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\1\ See Further Consolidated Appropriations Act, 2024, Public
Law 118-47, div. C, title II sec. 216 (incorporating by reference
Consolidated Appropriations Act, 2020, Public Law 116-93, div. D,
title II, sec. 216, prohibiting the Department of Homeland Security
from using funds provided by the Act or any other Act, except in
certain circumstances, ``to place in detention, remove, refer for a
decision whether to initiate removal proceedings, or initiate
removal proceedings against a sponsor, potential sponsor, or member
of a household of a sponsor or potential sponsor of an unaccompanied
alien child (as defined in section 462(g) of the Homeland Security
Act of 2002 (6 U.S.C. 279(g)) based on information shared by the
Secretary of Health and Human Services,'' with certain limited
exceptions in sec. 216(b) regarding sponsors convicted of serious
crimes affecting the welfare of the child); see also 45 CFR
410.1303(h).
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ORR may share relevant information in the system of records for
other law enforcement and child welfare purposes, such as anti-
trafficking investigations, child welfare investigations, or other
investigations that seek to ensure that children are ``protected from
traffickers and other persons seeking to victimize or otherwise engage
such children in criminal, harmful, or exploitative activity.'' 8
U.S.C. 1232(c)(1). Accordingly, SORN 09-80-0321
[[Page 100501]]
includes routine uses authorizing disclosures for such law enforcement
purposes.
II. Explanation of Modifications to System of Records 09-80-0321
This system of records covers records about unaccompanied children
in Federal custody by reason of their immigration status, their
sponsors, potential sponsors, household members of potential sponsors,
alternate caregivers identified by sponsors, and information necessary
to determine the placement of children within the ORR care provider
network, provide services to children and determine their release to a
potential sponsor. The System of Records Notice (SORN) has been
modified as follows:
<bullet> The name of the system of records has been changed from
``ORR Division of Unaccompanied Children Services Records'' to ``ORR
Unaccompanied Children Bureau (UCB) Administrative Program Records.''
<bullet> The Purpose(s) section now includes two additional purpose
descriptions: to assess the suitability of sponsors of unaccompanied
children, and to provide post-release services to children released
from ORR custody.
<bullet> The Categories of Individuals section now includes bullet
points to separate the unaccompanied children category from the
sponsors and household members categories, and it mentions that
household members may include adult caregivers and foster parents.
<bullet> The Categories of Records section now describes the record
categories as biographical information about unaccompanied children,
sponsor background check records, identity documents, and post-release
services (PRS) records for greater consistency with the UC Bureau
regulations at 45 CFR parts 410 and 411, instead of as a computerized
indexing system and case files.
<bullet> The list of sources in the Record Source Categories
section has been revised to add ``ORR-funded grantees and contractors''
and ``ORR staff'' and remove ``third parties.''
<bullet> In the Routine Uses section, ten existing routine uses
have been revised and five have been removed, and seven new routine
uses have been added, explained as follows:
[cir] Routine use 1, Disclosure to an Attorney or Representative,
has been revised to describe an additional purpose for attorney
representation of an unaccompanied child in a state juvenile court
matter (i.e., ``obtaining a predicate order needed to obtain Special
Immigrant Juvenile (SIJ) classification'') and to describe purposes for
attorney representation of unaccompanied children and sponsors in
matters related to ORR appellate procedures.
[cir] Routine use 2, Disclosure for Health and Safety, has been
revised and reorganized. It now consistently describes the disclosure
recipients as ``health care providers'' (instead of describing them in
the opening sentence as ``any state or local health care authorities''
and elsewhere as ``a health provider''); it describes additional types
of evaluations that the disclosures could aid in coordinating (i.e.,
``emergency,'' ``routine,'' ``necessary,'' and ``disability''); and it
now states that private health information not related to illnesses
that affect public health and safety ``is not authorized to be
disclosed under this routine use'' (instead of stating that it ``will
remain confidential'').
[cir] Routine use 3, Disclosure to Protection and Advocacy
Organization, has been revised to omit disclosures to Child Advocates,
which are still authorized, without change, in a separate routine use
instead (see Routine Use 4, Disclosure to Child Advocates); and to
include these additional statutory authorities under which disclosures
may be made to Protection and Advocacy Organizations: The Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (``DD Act''), 42
U.S.C. 15043 and 15044; Protection and Advocacy for Traumatic Brain
Injury (PATBI) Act, 42 U.S.C. 300d-53; and the Protection and Advocacy
for Individual Rights (PAIR) Act 29 U.S.C. 794(e).
[cir] The routine use previously numbered as routine use 4,
Disclosure to Plaintiffs Counsel, has been removed as such disclosures
are governed by applicable federal court orders, and disclosures made
pursuant to a federal court order are authorized directly in the
Privacy Act statute at 5 U.S.C. 552a(b)(12) without the need for a
routine use.
[cir] Routine use 5, Disclosure to Department of Homeland Security,
has been updated to clarify in more detail the instances in which
information sharing with the Department of Homeland Security may occur
(i.e., a more specific list of nine instances, a. through j., is now
included instead of this description of four instances: ``for the
purpose of adjudicating or deciding immigration relief, notification of
admission/discharge information and forms, and reported escapes of an
unaccompanied child from ORR custody; and for background check purposes
to ensure safe releases''), and to require that disclosures under the
routine use be made with an express written advisory that no other uses
by DHS and no subsequent disclosures by DHS to other entities can be
made. In addition, a description of certain non-permitted disclosures
has been added at the end of the routine use.
[cir] Routine use 6, Disclosure for Law Enforcement or Child
Welfare Purpose, is now titled ``Disclosure for Law Enforcement, Child
Welfare Investigation, and State Licensing Purposes.'' It now describes
additional disclosure purposes (i.e., ``to assist with investigations
into missing children'' and ``case management''), and now requires that
disclosures under the routine use be made with an express written
advisory that no other uses by the receiving entity and no subsequent
disclosures by the receiving entity to other entities can be made. In
addition, a description of certain non-permitted disclosures has been
added at the end of the routine use.
[cir] A new routine use, numbered as routine use 7, Disclosure to
the National Center for Missing and Exploited Children (NCMEC), has
been added to authorize disclosures to NCMEC for purposes of assisting
with investigations into missing children.
[cir] The routine use previously numbered as routine use 7,
Disclosure for Private Relief Legislation, has been removed, as such
disclosures are not made from this system of records, but would be made
from system of records 09-90-0068, Federal Private Relief Legislation.
[cir] Routine use 9, Disclosure to Department of Justice, or in
Proceedings, has been reorganized but not otherwise changed, except to
no longer state that the disclosures must be compatible with the
original purpose for which the information was collected. The statement
is unnecessary to include in the wording of a routine use, because
compatibility with original collection purpose is part of the
definition of a routine use.
[cir] Routine use 10, Disclosure to Department of Justice for LOPC
Facilitation, is now titled ``Disclosure to Department of Justice for
Legal Orientation Programs for Custodians (LOPC) Facilitation.'' It has
been revised to add that information such as the child's name, Alien
Number, and sponsor category may be shared with DOJ's Executive Office
of Immigration Review as part of a case status summary in advance of
the child's immigration hearing that ORR determines is in the best
interest of the child.
[cir] A new routine use, Disclosure to the Government Publishing
Office, has been added as routine use 12 to
[[Page 100502]]
authorize information sharing with GPO for purposes of creating
portable versions of ORR release or discharge records.
[cir] The routine use previously numbered as routine use 13,
Disclosure to Office Personnel Management, has been removed, as such
disclosures are not in fact made from this system of records but would
be made from a system of records that covers personnel management
records, such as 90-90-0020, Suitability for Employment Records.
[cir] The routine use previously numbered as routine use 12,
Disclosure to Contractors, Grantees, and Others, is now numbered as
routine use 13 and titled ``Disclosure to Contractors, Grantees, and
Stakeholders.'' It has been revised to list examples of stakeholders
and to require that the work the disclosure recipients are performing
for which the disclosures are needed ``relat[e] to the administration
of services provided by the Unaccompanied Children Bureau (including
ancillary purposes, such as information technology (IT) system
support).''
[cir] Routine use 14, Disclosure in Connection with Litigation, is
now titled ``Disclosure in Connection with Litigation or Settlement
Discussions'' and, at the end of the routine use, ``litigation or
discussions'' has been changed to ``litigation or settlement
discussions.''
[cir] The routine use previously numbered as routine use 16,
Disclosure for Administrative Claims, Complaints, and Appeals, has been
removed, as such disclosures are not made from this system of records,
but would be made from a system of records that covers records about
personnel claims.
[cir] The routine use previously numbered as routine use 17,
Disclosure to State Refugee Coordinators, is now numbered as routine
use 16, and the disclosure purposes it describes are now stated to be
``in accordance with 8 U.S.C. 1232(c)(2).''
[cir] The routine use previously numbered as routine use 18,
Disclosure to other Federal Departments and Nongovernmental
Organizations and Foreign Governments for Safe Repatriation of UC, is
now numbered as routine use 17 and is now titled ``Disclosure to other
Federal Departments and Nongovernmental Organizations and Foreign
Governments for Safe Repatriation of Unaccompanied Children and for
Reuniting Children with a Parent or Sponsor Abroad.'' It has been
revised to include this additional disclosure purpose: ``reuniting
unaccompanied children with a parent or sponsor abroad in appropriate
cases under the Homeland Security Act, 6 U.S.C. 279(b)(1)(H).''
[cir] The two breach response-related routine uses that were added
in February 2018 (one of which was a revised version of an existing
routine use, and one of which was new) are now numbered as routine uses
18 and 19.
[cir] The routine use previously numbered as routine use 20 (which
authorized disclosures to the Department of Homeland Security (DHS) in
the event that information from this system of records were captured in
an intrusion detection system used by DHS for cybersecurity monitoring
purposes) has been deleted. The reason for the deletion is to enable
ORR to evaluate any such disclosure in advance, by requiring DHS to
make a formal law enforcement request under 5 U.S.C. 552a(b)(7) any
time that DHS needs to examine information captured in an intrusion
detection system to address a cybersecurity incident.
[cir] A new routine use, Disclosure to Department of State, has
been added as routine use 20 to authorize information sharing with the
Department of State for purposes such as humanitarian operations,
sponsor background checks, best interest determinations, and family
unification efforts. It includes a description of certain non-permitted
disclosures at the end of the routine use, and it requires that
disclosures under the routine use be made with an express written
advisory that no other uses by the Department of State and no
subsequent disclosures by the Department of State to other entities can
be made.
[cir] A new routine use, Disclosure to State and Local Child
Welfare Agencies and State and Local Governments, has been added as
routine use 21 to authorize information sharing with state child
welfare agencies and state and local governments to assist community
agencies in providing services to unaccompanied children placed in
their localities and for school enrollment. It includes a description
of certain non-permitted disclosures at the end of the routine use, and
it requires that disclosures under the routine use be made with an
express written advisory that no other uses by the receiving entity and
no subsequent disclosures by the receiving entity to other entities can
be made.
[cir] A new routine use, Disclosure to a Foreign Government's
Embassy or Consulate, has been added as routine use 22 to authorize
information sharing with foreign embassies and consulates for the
purposes of authenticating identity documents and information about
children in ORR custody with respective consulates, and fulfilling the
consular notification obligations binding on federal agencies pursuant
to international law and treaties in accordance with Department of
State guidance on applicable law
[cir] A new routine use, Disclosure for Approved Research Purposes,
has been added as routine use 23 to authorize information sharing
related to research purposes that ORR determines to be likely to
contribute to the policymaking, operations, and mission of the UC
Bureau.
[cir] A new routine use, Disclosure to ACF Unaccompanied Children
Office of the Ombuds, has been added as routine use 24 to authorize
information sharing with the ACF Unaccompanied Children Office of the
Ombuds for investigation and reporting purposes.
[cir] The Storage section now states: ``Records are stored on cloud
web servers and/or in file folders,'' instead of: ``Computer records
are stored on a computer network. Paper records are stored in file
folders.''
[cir] The Retrieval section now includes date of birth, and no
longer includes SSN, in the description of personal identifiers used
for retrieval.
[cir] The Retention section now states that records are retained
for 50 years after a child is released from ORR custody, citing
disposition schedules DAA-0292-2019-0009-0001 and DAA-0292-2019-0009-
0002. (Previously, it stated that computerized indexing system records
were retained permanently and that case files were retained for five
years following receipt of the final progress report, citing
disposition schedules N1-292-90-04, item 15 and N1-292-90-4, item 34.)
[cir] The Safeguards section now describes specific administrative,
technical, and physical safeguards that are used to protect the records
from unauthorized access, instead of merely stating that Safeguards
conform to the HHS Information Security Program.
[cir] The Request Procedures sections have been updated to require
that access, amendment, and notification requests include date and
place of birth; to no longer require that requests include SSN; to
explain that an accounting of disclosures may also be requested; and to
explain how to verify identity instead of referring to the HHS Privacy
Act regulations for an explanation.
III. The Privacy Act
The Privacy Act of 1974, as amended (5 U.S.C. 552a), governs the
means by which the U.S. Government collects, maintains, and uses
information about
[[Page 100503]]
individuals in a system of records for purposes compatible with the
purpose for which the record is collected. A ``system of records'' is a
group of any records under the control of a federal agency from which
information about an individual is retrieved by the individual's name
or other personal identifier. The Privacy Act requires each agency to
publish in the Federal Register a system of records notice (SORN)
identifying and describing each system of records the agency maintains,
including the purposes for which the agency uses information about
individuals in the system, the routine uses for which the agency
discloses such information outside the agency, and how individual
record subjects can exercise their rights under the Privacy Act (e.g.,
to determine if the system contains information about them).
As required by the Privacy Act at 5 U.S.C. 552a(r), HHS has sent a
report of this amended system of records and new system of records to
the Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Oversight and Accountability of the House of
Representatives, and the OMB Office of Information and Regulatory
Affairs.
Robin Dunn Marcos,
Deputy Assistant Secretary for Humanitarian Services Director, Office
of Refugee Resettlement.
SYSTEM NAME AND NUMBER:
ORR Unaccompanied Children Bureau (UCB) Administrative Program
Records, 09-80-0321.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The address of the component responsible for the system of records
is the Bureau of Operations, Office of Refugee Resettlement (ORR),
Administration for Children and Families (ACF), Department of Health
and Human Services (HHS), Mary E. Switzer Building, 330 C Street SW,
Washington, DC 20201.
SYSTEM MANAGER(S):
Principal Deputy Director, Office of Refugee Resettlement,
Administration for Children and Families, Mary E. Switzer Building, 330
C Street SW, Washington, DC 20201, <a href="/cdn-cgi/l/email-protection#336670635c5f5a504a1e615654465f52475c414a725555525a4140735250551d5b5b401d545c45"><span class="__cf_email__" data-cfemail="8fdaccdfe0e3e6ecf6a2ddeae8fae3eefbe0fdf6cee9e9eee6fdfccfeeece9a1e7e7fca1e8e0f9">[email protected]</span></a>, (202) 401-9246.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
6 U.S.C. 279 and 8 U.S.C. 1232.
PURPOSE(S) OF THE SYSTEM:
The records are used within HHS/ACF/ORR to administer the
Unaccompanied Children Bureau (UCB) program, the purposes of which are:
<bullet> to provide care and custody of unaccompanied children
transferred to ORR custody until (1) their release to a family member
or sponsor in the United States or abroad, in appropriate cases, (2)
their removal to their home country by Department of Homeland Security
(DHS) immigration officials, (3) they receive lawful immigration
status, or (4) they turn 18 years of age;
<bullet> to assess the suitability of sponsors of unaccompanied
children; and
<bullet> to provide post-release services to children released from
ORR custody.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records are about these categories of individuals:
<bullet> Unaccompanied children (UC), which include:
[cir] unaccompanied children currently and formerly in ORR's care
and custody by reason of their immigration status;
[cir] children of unaccompanied children who are housed together
with their unaccompanied child parents who are in ORR custody;
[cir] unaccompanied children who later receive an adjustment of
status or become U.S. citizens; and
[cir] children referred to ORR as likely to be an unaccompanied
child;
<bullet> sponsors and potential sponsors of unaccompanied children;
and
<bullet> members of a sponsor's or potential sponsor's household
(including both U.S. and non-U.S. citizens, adult caregivers, and
foster parents).
Unaccompanied children are children who have no lawful immigration
status in the United States; have not attained 18 years of age; and
with respect to whom (i) there is no parent or legal guardian in the
United States; or (ii) no parent or legal guardian in the United States
is available to provide care and physical custody. See 6 U.S.C.
279(g)(2).
The Privacy Act applies only to U.S. citizens and non-U.S. citizens
lawfully admitted for permanent residence in the United States. As a
matter of discretion, ORR will treat information that it maintains in
its mixed systems of records (i.e., those that contain records about
both individuals who are--and individuals who aren't--covered by the
Privacy Act) as being subject to the provisions of the Privacy Act,
regardless of whether the information relates to individuals covered by
the Privacy Act. This implements a 1975 Office of Management and Budget
(OMB) recommendation to apply, as a matter of policy, the
administrative provisions of the Privacy Act to records about
individuals who aren't covered by the Privacy Act when the records are
maintained in mixed systems of records (referred to as the non-U.S.
persons policy).
CATEGORIES OF RECORDS IN THE SYSTEM:
The records consist of the below categories of records, which are
used in providing care, custody, placement, services, and release of
unaccompanied children. They include biographical information about
unaccompanied children, sponsor background check records, identity
documents, and post-release services (PRS) records, further described
below:
<bullet> Biographical information about unaccompanied children
includes the child's name, Alien Registration Numbers (A#), Fingerprint
Identification Numbers (FINs), and date and place of birth, as well as
information about apprehension; criminal records; financial
information; addresses; attorney of record; parents and other family
members; sponsors and potential sponsors and their household members
(including adult caregivers and foster parents) identified in a sponsor
care plan; case disposition information; home-study results; sexual
assault hotline and National Call Center information; admission
documents; legal records; health information (medical, dental, DNA,
mental health, and behavioral health records); child assessments;
educational records; incident and grievance reports; release/discharge
records; sponsor application and supporting documentation; and sponsor
assessments.
<bullet> Sponsor background check records may include the
sponsor's, potential sponsor's and, as applicable, household member's
and adult caregiver's biographical information, such as name, address,
and date of birth, as well as FBI fingerprint check results and state
criminal and child protective services check results.
<bullet> Identity documents include, for example, birth
certificates, driver's licenses, Permanent Resident Cards or Alien
Registration Receipt Cards, passports, document authentication records,
and other official domestic and foreign government-issued identity
documents.
<bullet> Post-release services (PRS) records may include monthly
reports, case notes, service plans, list of resources and referrals,
safety plans, initial assessments, mental health assessments,
trafficking assessments, additional ongoing assessments, closing
reports, and correspondence with the sponsor.
[[Page 100504]]
RECORD SOURCE CATEGORIES:
Record subjects; family members; private individuals; private and
public hospitals; doctors, nurses, and other clinicians; law
enforcement agencies and officials; attorneys; ORR-funded grantees and
contractors; ORR staff; foreign governments; other federal agencies,
state and local governments, agencies, and instrumentalities.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to the disclosures authorized directly in the Privacy
Act at 5 U.S.C. 552a(b)(1) and (2) and (4) through (11), these routine
uses, which are published pursuant to 5 U.S.C. 552a(b)(3) and (e)(4)(D)
and (11), specify circumstances under which ACF may disclose
information from this system of records without the prior written
consent of the record subject. A routine use is defined in the Privacy
Act at 5 U.S.C. 552a(a)(7) as a disclosure of a record for a use that
is compatible with the purpose for which the record was collected;
accordingly, each of these routine uses authorizes disclosures for
purposes that are compatible with the purpose for which the information
was collected.
Each proposed disclosure of information under these routine uses
(and any proposed disclosure in response to a law enforcement request
that complies with 5 U.S.C. 552a(b)(7)) will be evaluated to ensure
that the disclosure is legally permissible and consistent with ORR's
responsibilities under the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008, 8 U.S.C. 1232 and the Homeland
Security Act, 6 U.S.C. 279 to provide for the care and custody of
unaccompanied children in Federal custody by reason of their
immigration status, place them in the least restrictive setting while
in HHS custody, and release them to a suitable sponsor, primarily their
parent or a family member, pending resolution of their immigration
status. ORR is not an immigration enforcement agency and does not
maintain records for immigration enforcement purposes. Accordingly, in
no case shall a disclosure under a routine use (or a disclosure in
response to a law enforcement request that complies with 5 U.S.C.
552a(b)(7)) include sharing information from this system of records
with other federal agencies or entities (e.g., the Department of
Homeland Security, the Department of Justice) for purposes that are
incompatible with HHS/ORR Unaccompanied Children Bureau statutes,
regulations and policies, such as for immigration enforcement purposes
(including initiating immigration enforcement activities, determining
whether an individual should be removed from the United States, for
immigration detention or bond determinations, or verifying an
individual's statements in removal proceedings \2\). Any disclosure for
immigration enforcement purposes would be made only with the prior
written consent of the subject individual(s).
---------------------------------------------------------------------------
\2\ See 45 CFR 1201(b) stating ``ORR shall not disqualify
potential sponsors based solely on their immigration status and
shall not collect information on immigration status of potential
sponsors for law enforcement or immigration enforcement related
purposes. ORR shall not share any immigration status information
relating to potential sponsors with any law enforcement or
immigration enforcement related entity at any time.''
---------------------------------------------------------------------------
1. Disclosure to an Attorney or Representative. Information may be
disclosed to: an attorney or representative (as defined in 8 CFR 1.2)
who is acting on behalf of an individual covered by this system of
records in connection with any proceeding before the Department of
Homeland Security or the Executive Office for Immigration Review; an
attorney representing an unaccompanied child in a state juvenile court
matter that may determine or alter the unaccompanied child's custody
status or placement or for purposes of obtaining a predicate order
needed to obtain Special Immigrant Juvenile (SIJ) classification; an
attorney representing an unaccompanied child in a juvenile or criminal
court in relation to criminal charges; and an attorney representing an
unaccompanied child in a hearing or other matter related to ORR's
appellate procedures, including those relating to placement in a
restrictive setting, risk determinations, or release from ORR custody.
Information may be released to an attorney representing an
unaccompanied child with respect to decisions involving the child's
placement, care, custody and release, and/or the administration of
psychotropic medications to the child. Information regarding a
significant incident related to an unaccompanied child may be disclosed
to an attorney representing the child. A disability evaluation report
pertaining to an unaccompanied child may be disclosed to an attorney
representing the child. Information may also be disclosed to an
attorney representing a potential sponsor in relation to ORR's
appellate procedures concerning a sponsorship denial of a parent, legal
guardian, or close relative.
2. Disclosure for Health and Safety. Private health information of
unaccompanied children may be disclosed to health care providers for
the purposes of coordinating emergency, routine, and necessary medical,
mental health, and disability evaluations, services, and care for
unaccompanied children while in ORR care and custody. Information may
be shared with a health provider to make age determinations for
unaccompanied children. Information related to communicable diseases or
other illnesses that have the potential to affect public health and
safety may be disclosed to any state or local health authorities, to
ensure that all health issues potentially affecting public health and
safety in the United States are being, or have been, adequately
addressed. Private health information not related to communicable
diseases or other illnesses that affect public health and safety is not
authorized to be disclosed under this routine use.
3. Disclosure to Protection and Advocacy Organization. Information
may be disclosed to a Protection and Advocacy organization when access
is authorized by, and the request is appropriately made under, one or
more of the following: The Protection and Advocacy for Individuals with
Mental Illness Act (PAMI), 42 U.S.C. 10801 et seq.; The Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (``DD Act''), 42
U.S.C. 15043 and 15044; Protection and Advocacy for Traumatic Brain
Injury (PATBI) Act 42 U.S.C. 300d-53; or the Protection and Advocacy
for Individual Rights (PAIR) Act, 29 U.S.C. 794(e).
4. Disclosure to Child Advocate. Information may be disclosed to an
HHS-appointed child advocate for the purpose of effectively advocating
for the best interest of the child. Child advocates are granted access
to this information under section 235(c)(6) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008, 8 U.S.C.
1232(c)(6).
5. Disclosure to Department of Homeland Security. Information may
be disclosed to the Department of Homeland Security (DHS) for:
a. Reporting the death or arrest of an unaccompanied child in ORR
custody or unauthorized absences of unaccompanied children from ORR
custody;
b. Transferring individuals to DHS custody for the limited purpose
of facilitating continuity of medical care (subject to the applicable
information sharing restrictions set forth in 45 CFR parts 410 and 411
and the ORR UC Policy Guide);
c. Facilitating transfer to DHS custody of individuals determined
to be adults,
[[Page 100505]]
or who turn 18 years old, including information relevant to determining
whether the individual committed a crime that ORR determines would make
the individual a danger to the community;
d. Communicating reports of abuse, neglect, sexual harassment, or
inappropriate sexual behavior that occurred while a child was in DHS
custody before being transferred to ORR custody;
e. Correcting the child's information in government systems; and
for age determinations, see 8 U.S.C. 1232(b)(4);
f. Providing notice of transfers of unaccompanied children in ORR
custody between care provider facilities, and for discharge
notifications;
g. The limited purpose of facilitating human trafficking
investigations by DHS Homeland Security Investigations (HSI) to ensure
child safety;
h. Validating the relationship between a child and an accompanying
adult (e.g., where DHS potentially separated a child from their parent
or legal guardian before transferring the child to ORR);
i. Communicating a child's medical information with the DHS Office
of Health Security for the purpose of facilitating continuity of
medical care for the child.
In no case shall information from this system of records, including
mental health or behavioral information, be shared or used for purposes
that are incompatible with HHS/ORR Unaccompanied Children Bureau
statutes, regulations and policies, such as for immigration enforcement
purposes (including initiating immigration enforcement activities,
determining whether an individual should be removed from the United
States, for immigration detention or bond determinations, or verifying
an individual's statements in removal proceedings).
Disclosures under this routine use will be made with an express
written advisory that no other uses by DHS and no subsequent
disclosures by DHS the receiving entity to other entities can be made.
6. Disclosure for Law Enforcement, Child Welfare Investigation, and
State Licensing Purposes. Disclosures under this routine use will be
made with an express written advisory that no other uses by the
receiving entity and no subsequent disclosures by the receiving entity
to other entities can be made. Information may be disclosed to the
appropriate federal, state, local, tribal, or foreign agency
responsible for investigating, prosecuting, enforcing, or implementing
a statute, rule, regulation, or order, if the information is relevant
to a violation or potential violation of civil or criminal law or
regulation within the jurisdiction of the receiving entity (other than
immigration enforcement) and ORR determines that the disclosure is in
the best interest of the child; to assist with investigations into
missing children; and for sponsor background checks and case
management, to ensure safe releases. Information may be shared with
certain state and local agencies that provide child welfare services
such as state licensing agencies, Child Protective Services, and
education agencies such as state, county, or municipal schools for the
purpose of protecting an unaccompanied child's health and welfare and
sponsor background check purposes to ensure safe releases. In no case
shall information from this system of records be further shared or used
for purposes that are incompatible with HHS/ORR Unaccompanied Children
Bureau statutes, regulations and policies, such as for immigration
enforcement purposes (including initiating immigration enforcement
activities, determining whether an individual should be removed from
the United States, for immigration detention or bond determinations, or
verifying an individual's statements in removal proceedings).
7. Disclosure to the National Center for Missing and Exploited
Children (NCMEC). Information may be disclosed to the NCMEC to assist
with investigations into missing children.
8. Disclosure to Congressional Office. Information may be disclosed
to a congressional office from the record of an individual in response
to a written inquiry from the congressional office made at the written
request of the individual.
9. Disclosure to Department of Justice, or in Proceedings.
Information may be disclosed to the Department of Justice, or in a
proceeding before a court, adjudicative body, or other administrative
body before which HHS is authorized to appear, when any of the
following is a party to the proceedings or has an interest in such
proceedings, and the use of such records by the Department of Justice
or HHS is deemed by HHS to be relevant and necessary to the
proceedings:
<bullet> HHS, or any component thereof;
<bullet> any employee of HHS in his or her official capacity;
<bullet> any employee of HHS in his or her individual capacity
where the Department of Justice or HHS has agreed to represent the
employee; or
<bullet> the United States, if HHS determines that litigation is
likely to affect HHS or any of its components.
10. Disclosure to Department of Justice for Legal Orientation
Programs for Custodians (LOPC) Facilitation. Information may be
disclosed to the Department of Justice, Executive Office for
Immigration Review (EOIR) for purposes of collaboration in facilitating
sponsors' participation in LOPCs under section 235(c)(4) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008,
8 U.S.C. 1232(c)(4). ORR may also share limited information with EOIR
as part of a case status summary in advance of a child's immigration
hearing that ORR determines is in the best interest of the child, such
as name, Alien Number, and sponsor category.
11. Disclosure to the National Archives and Records Administration
(NARA). Information may be disclosed to the National Archives and
Records Administration in its records management inspections.
12. Disclosure to the Government Publishing Office (GPO).
Information may be shared with GPO for purposes of creating portable
versions of ORR release or discharge records.
13. Disclosure to Contractors, Grantees, and Stakeholders.
Information may be disclosed to contractors, grantees, consultants,
volunteers, or stakeholders (including, but not limited to, legal
service providers, case coordinators, medical providers, non-HHS
Federal agency partners, child advocates, attorneys of record, sponsors
and potential sponsors, educational institutions, and organizations
providing services to unaccompanied children and sponsors) performing
or working on a contract, service, grant, cooperative agreement, job,
or memorandum of understanding, or other activity for HHS relating to
the administration of services provided by the Unaccompanied Children
Bureau (including ancillary purposes, such as information technology
(IT) system support) and who have a need to have access to the
information in the performance of their duties or activities for HHS,
and for reunification purposes.
14. Disclosure in Connection with Litigation or Settlement
Discussions. Information may be disclosed in connection with litigation
or settlement discussions regarding claims by or against HHS, including
public filing with a court, to the extent that disclosure of the
information is relevant and necessary to the litigation or settlement
discussions.
15. Disclosure Incident to Requesting Information. Information may
be disclosed (to the extent necessary to identify the individual,
inform the source of the purpose of the request, and
[[Page 100506]]
to identify the type of information requested), to any source from
which additional information is requested when necessary to obtain
information relevant to an agency decision concerning benefits.
16. Disclosure to State Refugee Coordinators. Information may be
shared with State Refugee Coordinators for children in ORR care who are
being transferred into ORR's Unaccompanied Refugee Minors program for
purposes of coordinating appropriate placement and services for the
child in accordance with 8 U.S.C. 1232(c)(2). The State Refugee
Coordinator refers to the individual(s) designated by a Governor or a
State to be responsible for, and authorized to, ensure coordination of
public and private resources in refugee resettlement.
17. Disclosure to other Federal Departments and Nongovernmental
Organizations and Foreign Governments for Safe Repatriation of
Unaccompanied Children and for Reuniting Children with a Parent or
Sponsor Abroad. Information may be disclosed to other federal agencies
(such as the Department of State, Department of Justice, Department of
Homeland Security), nongovernmental organizations and foreign
governments as it relates to the safe repatriation of unaccompanied
children to their country of origin as directed under the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
section 235(a)(5), 8 U.S.C. 1232(a)(5) and for reuniting unaccompanied
children with a parent or sponsor abroad in appropriate cases under the
Homeland Security Act, 6 U.S.C. 279(b)(1)(H).
18. Disclosure in the Event of a Security Breach Experienced by
HHS. Information may be disclosed to appropriate agencies, entities,
and persons when (1) HHS suspects or has confirmed that there has been
a breach of the system of records; (2) HHS has determined, as a result
of the suspected or confirmed breach, there is a risk of harm to
individuals, the agency (including its information systems, programs,
and operations), the Federal Government, or national security; and (3)
the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with HHS' efforts to
respond to the suspected or confirmed breach, or to prevent, minimize,
or remedy such harm.
19. Disclosure to Assist Another Agency Experiencing a Breach.
Information may be disclosed to another federal agency or federal
entity, when HHS determines that information from this system of
records is reasonably necessary to assist the recipient agency or
entity in (1) responding to a suspected or confirmed breach, or (2)
preventing, minimizing, or remedying the risk of harm to individuals,
the recipient agency or entity (including its information systems,
programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
20. Disclosure to Department of State. Information may be disclosed
to the Department of State for humanitarian operations, sponsor
background checks, best interest determinations, and family unification
efforts, including obtaining and verifying identity documents (birth
certificates, passports, and government-issued identifications) of
unaccompanied children, their sponsors, and household members who are
also eligible for immigration relief, family unification, or
humanitarian evacuation. In no case shall such information be shared
for immigration enforcement purposes (including initiating immigration
enforcement activities, such as determining whether an individual
should be removed from the United States, for immigration detention or
bond determinations or verifying an individual's statements in removal
proceedings). Disclosures under this routine use will be made with an
express written advisory that no other uses by the Department of State
and no subsequent disclosures by the Department of State to other
entities can be made.
21. Disclosure to State and Local Child Welfare Agencies and State
and Local Governments. ORR may disclose information of children and
sponsors to local and state agencies offering post-release services to
the child or sponsor for the purpose of facilitating delivery of child
welfare services and safe releases if ORR determines that the
disclosure is in the child's best interest. ORR may also disclose
information of children and sponsors to state and local government
entities, such as school districts, for the purpose of facilitating
enrollment of unaccompanied children in a school or educational program
and for individualized education planning, including but not limited to
obtaining special education services when needed. In no case shall such
information be shared with state or local entities for immigration
enforcement purposes (including initiating immigration enforcement
activities, such as determining whether an individual should be removed
from the United States, for immigration detention or bond
determinations or verifying an individual's statements in removal
proceedings). Disclosures under this routine use will be made with an
express written advisory that no other uses by the receiving entity and
no subsequent disclosures by the receiving entity to other entities can
be made.
22. Disclosure to a Foreign Government's Embassy or Consulate. ORR
may disclose copies of birth certificates, passports, or other
official, foreign government-issued identity documents to foreign
embassies and consulates for the purpose of authenticating those
documents, verifying identity, and for sponsor background check
purposes. ORR may also disclose information of children when notifying
foreign embassies and consulates that a child from their country is in
ORR custody in accordance with Department of State guidance on
applicable law. In no case shall information from this system of
records, including mental health or behavioral information, be shared
or used for purposes that are incompatible with HHS/ORR Unaccompanied
Children Bureau statutes, regulations and policies, such as disclosing
information to foreign consulates that may indicate a child may have a
fear of persecution or other mistreatment by their country, or may be
seeking asylum or refugee status. Disclosure for Approved Research
Purposes. ORR may disclose information for research purposes and
predictive modeling to entities conducting relevant research that ORR
determines contributes to ORR's policymaking, operations, and mission
of the UC Bureau.
23. Disclosure to ACF Unaccompanied Children Office of the Ombuds.
ORR may disclose information to the ACF Unaccompanied Children Office
of the Ombuds in accordance with the Ombuds' investigation and
reporting purposes.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are stored on cloud web servers and/or in file folders.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Personal identifiers used for retrieval include the name, Alien
Registration Number, and/or date of birth of the unaccompanied child;
name and/or date of birth of the potential sponsor; and the name and/or
date of birth of the potential sponsor's household member or adult
caregiver identified in a sponsor care plan.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained for 50 years after a child is released from
ORR custody
[[Page 100507]]
(see National Archives and Records Administration-approved record
retention and disposition schedules DAA-0292-2019-0009-0001 and DAA-
0292-2019-0009-0002).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Information in this system is safeguarded in accordance with
applicable laws, rules, and policies. Access to the records is
restricted to authorized personnel who are advised of the
confidentiality of the records and the civil and criminal penalties for
misuse. All record keepers are required to maintain appropriate
administrative, technical, and physical safeguards to protect the
records from unauthorized access. Administrative safeguards include
background checks, as well as training individuals who have access to
the records on how to handle them appropriately, incident response
plans, mandatory security and privacy awareness training, limiting
access to individuals who need to know the information, and reviewing
security controls on an ongoing basis. Technical safeguards include the
use of antivirus software, vulnerability patching, multi-factor
authentication when required, or username and password, and storing
electronic records in encrypted form, to limit system access to
authorized users. Physical safeguards include storing hard copy records
and computer terminals used to access electronic records in physically
locked locations when not in use. Safeguards conform to the HHS
Information Security Program, <a href="https://www.hhs.gov/ocio/securityprivacy/index.html">https://www.hhs.gov/ocio/securityprivacy/index.html</a>.
RECORD ACCESS PROCEDURES:
Individuals may request access to a record about them in this
system of records by submitting a written access request to the System
Manager. The request must include, as applicable, the individual's
name, Alien Registration Number, date and place of birth, telephone
number and/or email address, current address, and signature. In
addition, to further verify the individual's identity, the individual
must provide either a notarization of the request or a written
certification that the requester is the individual who the requester
claims to be and understands that the knowing and willful request for,
or acquisition of, a record pertaining to an individual under false
pretenses is a criminal offense under the Privacy Act, subject to a
fine of up to $5,000. An individual may also request an accounting of
disclosures that have been made of any records about that individual.
Verification of identity is also required for a parent or legal
guardian who makes a request on behalf of a minor (in addition to
verifying the minor's identity).
CONTESTING RECORD PROCEDURES:
Individuals seeking to amend a record about them in this system of
records must submit a written request for amendment to the System
Manager. The request must provide the same information described under
``Record Access Procedures,'' including identity verification
information, and must specify the information that is contested, the
corrective action sought, and the reason(s) for requesting the
correction, and include supporting information. The right to contest
records is limited to information that is factually inaccurate,
incomplete, irrelevant, or untimely (obsolete).
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about them must submit a written notification
request to the System Manager. The request must include the same
information described under ``Record Access Procedures,'' including
identity verification information.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
81 FR 46682 (July 18, 2016), 83 FR 6591 (Feb. 14, 2018).
[FR Doc. 2024-29113 Filed 12-11-24; 8:45 am]
BILLING CODE 4184-45-P
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</html>Indexed from Federal Register on December 12, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.