As previously agreed, ACF will provide a list of collections also related to this new requirement that may require PRA approval, particularly if on an emergency basis.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
10/31/2009
6 Months From Approved
50
0
0
75
0
0
0
0
0
The TVPRA 2008 directs HHS upon receipt of credible information that a non-U.S. citizen, non-lawful permanent resident (alien) child may have been subjected to a severe form of trafficking in persons and is seeking Federal assistance available to victims of trafficking, to promptly determine if the child is eligble for interim assistance. The law further directs HSS to determine if the child is eligble for assistance as a victim of a severe form of trafficking in persons after consultation with the Attorney General, the Secretary of Homeland Security, and nongovernmental organizations with expertise on victims of severe form of trafficking. In developing procedures for collecting the neccessary informaiton from potential child victims of trafficking, their case managers, attorneys, or other representatives to allow HHS to grant interim eligbility, HHS devised a form. HHS has determined that the use of a standard form to collect iformation is the best way to ensure requestors are notified of their option to request assistance for child victims of trafficking and to make prompt and consistent determinations about the child's eligbility for interim assistance. Specifcially, the form asks the requestor for his/her identifying information, for information on the child, information describing the type of trafficking and circumstances surrounding the situation, and the strengths and needs of the child. The form also asks the requestor to verify the information contained in the form becuase the information could be the basis for a determination of an alien child's eligibiltiy for federally funded benefits. Finally, the form takes into consideration the need to compile information regarding a child's circumstances and experiences in a non-directive, child-friendly way, and assists the potential requestor in assessing whether the child may have been subjected to trafficking in persons.
The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA 2008), Pub. L. No. 110-457, directs the Secretary of HHS to grant interim eligibility for federally funded assistance, to the same extent as refugees, upon receipt of credible information that a non-U.S. citizen, non-LPR (alien) child who may have been subjected to asevere form of trafficking in persons is seeking such assistance. The law directs the Secretary of HHS to promptly determine if the child is eligble for interim assistance, and to determine if the child is eligble for long-term assistance as a victim of trafficking after consultation with the Attorney General, the Secretary of Homeland Security, and nongovernmental organizations with expertise on victims of severe form of trafficking. The information provided through the completion of a Request for Assistance for Child Victims of HumanTrafficking form will enable HHS to meet the statutory requirement to make prompt determinations regarding the eligbility of alien children for interim assistance, and to assess and address potential child protection issues. The completion and subsmission of the form will also facilitate the required consultation process and inform HHS' determination regarding the child's eligibility for long-term assistance. According to 5 CFR Part 1320.13, the U.S. Department of Health and Human Services may request OMB to authorize emergency processing of submissions of collections of information in writing. If the agency cannot reasonably comply with the normal clearance procedures because an unanticipated event has occured or public harm is reasonably likely to result if normal clearance procedures are followed, expedited processing may be used. In the instant case, the unanticipated even was the introduction of the TVPRA of 2008 on December 9, 2008, House and Senate passage on December 10, and enactment on December 23, 2008. The requirements outlined took effect when the legislation was signed into law. Prior to enactment of TVPRA of 2008, HHS could not provide unaccompanied alien children the assistance we make available to victims of trafficking without a Federal law enforcement recommendation. Congress intended that foreign children who may have been subjected to trafficking receive assistance 'promptly' after they are discovered, regardless of whether DHS or DOJ has identified them as victims of trafficking. Moreover, public harm could result if those caring for or representing children who may have been subjected to trafficking are not afforded a process by which to request neceessary assistance for these children. Without providing a recommended method of submitting information to HHS so that HHS can promptly make a determination of a child's eligbility for benefits, fewer children are likely to receive timely assistance. Among the greatest needs of unaccompanied alien children is a safe and stable home or shelter away from their traffickers. Among the benefits provided to potential child victims is placement in a US government funded shelter or foster care home. Without access to federally funded emergency services, such as housing, food, and medical care, many child victims will remain trapped in harmful and life-threatening situations. To be able to act expeditiously and consistently in receiving and reviewin grequests for assistance for potential foreign child victims of trafficking in the U.S., we ask that OMB expedite its review of the information collection. If we are unable to obtain expedited clearance for this information collection, HHS will not be able to collect and assess information regarding potential child trafficking victims in a uniform manner to ensure prompt, consistent determinations of eligibility for assistance which will delay determinations of interim eligibility.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form 1 Request for Assistance for Child Victims of Human Trafficking
Draft state letter Doc5.doc
ATIP Social Services Migrant Poster.pdf
Request for Assistance for Child Victims of Human Trafficking