Rule2024-30755
Investigations of Child Abuse and Neglect 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
December 26, 2024
Effective
December 27, 2024
Issuing agencies
Health and Human Services DepartmentChildren and Families Administration
Abstract
ORR is correcting an interim rule (IFR) that was published in the Federal Register on November 27, 2024 with an effective date of December 27, 2024. The Investigations of Child Abuse and Neglect IFR provides standards and processes for ORR to apply when it conducts investigations into allegations of child abuse and neglect that occur in certain care provider facilities funded by ORR to provide residential and other services for unaccompanied children; describes a process for appeal and review of substantiated allegations; and establishes an ORR Central Registry to list individuals with certain findings of child abuse and neglect that have been substantiated and sustained after exhausting the appeal and review process.
Full Text
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<title>Federal Register, Volume 89 Issue 247 (Thursday, December 26, 2024)</title>
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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Rules and Regulations]
[Pages 104890-104891]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30755]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 412
[Docket #2024-27626]
RIN 0970-AD10
Investigations of Child Abuse and Neglect Rule; Correction
AGENCY: Office of Refugee Resettlement (ORR), Administration for
Children and Families (ACF), U.S. Department of Health and Human
Services (HHS).
ACTION: Interim final rule; correction.
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SUMMARY: ORR is correcting an interim rule (IFR) that was published in
the Federal Register on November 27, 2024 with an effective date of
December 27, 2024. The Investigations of Child Abuse and Neglect IFR
provides standards and processes for ORR to apply when it conducts
investigations into allegations of child abuse and neglect that occur
in certain care provider facilities funded by ORR to provide
residential and other services for unaccompanied children; describes a
process for appeal and review of substantiated allegations; and
establishes an ORR Central Registry to list individuals with certain
findings of child abuse and neglect that have been substantiated and
sustained after exhausting the appeal and review process.
DATES: Effective December 27, 2024.
FOR FURTHER INFORMATION CONTACT: Toby Biswas, Director of Policy,
Unaccompanied Children Bureau, 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#3e6b7d6e5152575d47136c5b594b525f4a514c477f58585f574c4d7e5f5d581056564d10595148"><span class="__cf_email__" data-cfemail="b4e1f7e4dbd8ddd7cd99e6d1d3c1d8d5c0dbc6cdf5d2d2d5ddc6c7f4d5d7d29adcdcc79ad3dbc2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: In the interim final rule published November
27, 2024, there were two technical errors that are now identified and
corrected in this document. The provisions in this correction document
are effective as if they had been included in the document published
November 27, 2024. Accordingly, the following corrections are effective
December 27, 2024.
In FR Doc. 2024-27626, appearing on page 93498 in the Federal
Register of November 27, 2024, the following corrections are made:
Corrections to the Preamble
1. On page 93498, in the third column, the text ``Instructions: To
submit your comments online, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
insert `XXXX-XXXX-XXXX' in the `Search' box.'' is corrected to read
``Instructions: To submit your comments online, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and insert `ACF-2024-0014' in the `Search' box.''
2. On page 93498, in the third column, the text ``Docket: To view
posted comments, as well as documents mentioned in this preamble as
being available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
insert `XXXX-XXXX-XXXX' in the `Search' box.'' is corrected to read
``Docket: To view posted comments, as well as documents mentioned in
this preamble as being available in the docket, go to https://
[[Page 104891]]
www.regulations.gov and insert `ACF-2024-0014' in the `Search' box.''
3. On page 93512, in the first column, in the first sentence of the
first full paragraph, ``At Sec. 412.102(c), ORR is establishing a
process for substantiated perpetrators at Tier I or Tier II to appeal
of ORR's disposition'' is corrected to read ``At Sec. 412.102(c), ORR
is establishing a process for substantiated perpetrators at Tier I or
Tier II to appeal ORR's disposition.''
4. On page 93512, in the third column, in the first full paragraph,
``The ALJ will issue a written decision upholding, modifying, or
reversing the ORR's disposition.'' is corrected to read ``The ALJ will
issue a written decision upholding, modifying, or reversing ORR's
disposition.''
5. On page 93512, in the third column, the text ``Under Sec.
412.102(e)(1), a substantiated perpetrator at Tier I or Tier II may
request review of the ALJ's decision within 30 days of receipt of the
ALJ's decision, by filing a request for review with Office of the
Assistant Secretary for ACF.'' is corrected to read ``Under Sec.
412.102(e)(1), a substantiated perpetrator at Tier I or Tier II may
request review of the ALJ's decision within 30 days of receipt of the
ALJ's decision, by filing a request for review with the Office of the
Assistant Secretary for ACF.''
6. On page 93513, in the first full sentence of the first column,
the text ``Under Sec. 412.102(e)(2), the Assistant Secretary has
discretion, within 30 days after receiving a timely request for review
of an ALJ's decision under Sec. 412.102(e)(1), to review the ALJ's
decision and to dismiss a request for review based on untimeliness or
other procedural defects, or to affirm, modify, or reverse the ALJ's
decision with regard to dismissal or ORR's disposition of the
allegation.'' is corrected to read ``Under Sec. 412.102(e)(2), the
Assistant Secretary has discretion, within 30 days after receiving a
timely request for review of an ALJ's decision under Sec.
412.102(e)(1), to review the ALJ's decision to dismiss a request for
review based on untimeliness or other procedural defects, and to
affirm, modify, or reverse the ALJ's decision with regard to dismissal
or ORR's disposition of the allegation.''
7. On page 93517, in the first column, the List of Subjects in
corrected to read:
``List of Subjects in 45 CFR Part 412
Administrative practice and procedure, Aliens, Child welfare,
Reporting and recordkeeping requirements, Unaccompanied children.''
Corrections to the Regulatory Text
PART 412--[Amended]
0
1. On page 93517, in the first column, add the authority citation for
part 412 following the table of contents for the part to read as
follows:
``Authority: 6 U.S.C. 279.''
0
2. On page 93520, in the second column, in Sec. 412.101, paragraph (c)
is corrected to read as follows:
Sec. 412.101 [Corrected]
* * * * *
(c) Disciplinary sanctions. Care provider facilities must implement
appropriate disciplinary or remedial measures where they or ORR find
that care provider facility staff, contractors or sub-grantees of the
care provider facility, or care provider facility volunteers engaged in
conduct that does not rise to the level of a Tier I substantiated
allegation, as defined at Sec. 412.001, but nevertheless raises child
welfare concerns.
* * * * *
0
3. On page 93521, in Sec. 412.102:
0
a. In the first column, paragraph (d)(1) is corrected;
0
b. In the second column, paragraphs (d)(7) and (8) are corrected; and
0
c. In the third column, paragraphs (e)(1) and (6) are corrected.
The corrections read as follows:
Sec. 412.102 [Corrected]
* * * * *
(d) * * *
(1) When a substantiated perpetrator at Tier I or Tier II appeals
ORR's disposition to an ALJ pursuant to paragraph (c)(1)(i) of this
section, ORR must transmit to the ALJ all of the evidence upon which
the disposition was based.
* * * * *
(7) The ALJ shall conduct a fair and impartial hearing and de novo
review to determine whether the substantiated perpetrator met their
burden of establishing that, considering the totality of the evidence,
there is not a preponderance of the evidence to support the
substantiated allegation. The ALJ may either dismiss the case for
untimeliness, withdrawal of the appeal, abandonment of the appeal, or
because the individual does not have the right to appeal or because of
other procedural defects, or will issue a written decision to uphold,
modify, or reverse ORR's disposition.
(8) The ALJ shall serve a copy of the decision upon the parties and
the Assistant Secretary for ACF. The ALJ's decision shall provide the
sustained perpetrator at Tier I or Tier II and their attorney, if any,
with instructions for requesting review by the Assistant Secretary for
ACF. The ALJ also shall provide a copy of the decision to the alleged
victim and the alleged victim's parent(s), legal guardian(s) (as
appropriate), or sponsor(s). The complete record upon which the
decision is based shall be made available to the Assistant Secretary
* * * * *
(e) * * *
(1) A substantiated perpetrator at Tier I or Tier II may request a
review of the ALJ's decision within 30 days of receipt of the ALJ's
decision, by filing a request for review with the Office of the
Assistant Secretary for ACF.
* * * * *
(6) The Office of the Assistant Secretary for ACF shall serve a
copy of the final decision upon the parties involved. The Office of the
Assistant Secretary for ACF also shall provide a copy of the final
decision issued by the Assistant Secretary, based on review of the
ALJ's decision under this paragraph (e), to the alleged victim and the
alleged victim's parent(s), legal guardian(s) (as appropriate), or
sponsor(s).
* * * * *
Elizabeth J. Gramling,
Executive Secretary, Department of Health and Human Services.
[FR Doc. 2024-30755 Filed 12-23-24; 8:45 am]
BILLING CODE 4184-45-P
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