Placement and Transfer of Unaccompanied Children into ORR Care Provider Facilities
Revision of a currently approved collection
No
Emergency
10/27/2022
Approved without change
10/27/2022
10/27/2022
OMB is approving this Emergency ICR with the understanding that within 6 months from the approval date, ACF will complete a 60d and 30d public comment request to support the approval of the ICR ahead of the expiration date.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
04/30/2023
6 Months From Approved
09/30/2025
9,659,030
0
9,658,830
4,801,053
0
4,800,887
0
0
0
ORRâs UC Program provides care and custody for UC until they can be safely released to a sponsor, repatriated to their home country, or obtain legal status. ORR funds residential care provider facilities that provide temporary housing and other services to UC in ORR custody. Care provider facilities are State licensed, with the exception of temporary influx care facilities, and must meet ORR requirements to ensure a high-level quality of care. Services provided at care provider facilities include, but are not limited to, education, recreation, vocational training, acculturation, nutrition, medical, mental health, legal, and case management.
The instruments in this information collection allow ORR to place UC referred to ORR by Federal agencies into care provider facilities and to transfer UC within the ORR care provider network.
The Administration for Children and Families (ACF) requests emergency review and approval of this information collection by OMB, as authorized under 44 U.S.C. 3507(subsection j). The proposed revisions to this information collection are necessary to allow the Office of Refugee Resettlement (ORR) Unaccompanied Children (UC) Program to comply with a court order that takes effect on October 29, 2022. The information collected is essential to the mission of the agency and an unanticipated event has occurred that could reasonably cause a court-ordered deadline to be missed if normal Paperwork Reduction Act (PRA) clearance procedures are followed. On June 29, 2018, Plaintiffs filed their federal class action lawsuit in the Central District of California, western division, captioned Lucas R. et al v. Azar et al (Case No. CV 18-5741-DMG (PLAx)), asserting claims under the Flores consent decree, the Trafficking Victims Protection Reauthorization Act, the Due Process clause, and the First Amendment. Plaintiffs allege violation of UC rights in decisions regarding family reunification, placement in restrictive facilities, administration of psychotropic medication, and access to legal assistance. On August 30, 2022, the Court issued a Preliminary Injunction in response to the Cross-Motions for Summary Judgement on the family reunification, restrictive placement, and legal services claims. As part of that injunction, the court obligates ORR to expand specific policy and procedural protections to category 2 sponsors, children who wish to challenge placement in restrictive settings, and children seeking access to legal counsel by the time the Final Order takes effect. Those policy and procedural protections include specific changes regarding notification of rights and documentation of restrictive placement, both of which require a new instrument and revision to an existing instrument in this information collection. The Final Order takes effect on October 29, 2022.
US Code:
6 USC 279
Name of Law: Homeland Security Act (HSA)
US Code:
8 USC 1232
Name of Law: Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA)
ORR added a new instrument titled Notice of Administrative Review (Form P-18/18s/18d/18p) that serves as written notice of receipt of a Placement Review Panel request and provides the UC with information on next steps to take when requesting a review and reconsideration of the UC's placement in a restrictive setting. The notice also requests that the UC and/or their representative provide a written statement and decision on whether they are requesting a hearing. This additional form has been added to the burden estimates in section A12. Specifically, ORR estimates the average time to complete this form to be five minutes.
ORR also made revisions to the Notice of Placement in a Restrictive Setting (Form P-4/4s/4d/4p). Many of the new fields in this form are also contained in the 30-Day Restrictive Placement Case Review (Form S-16), which is approved under OMB# 0970-0553. The revisions effectively merge Forms P-4 and S-16 into one form. ORR plans to submit a nonsubstantive change request to discontinue Form S-16 soon. The changes to all versions of form P-4 are not expected to change the estimated average time per response. ORR still anticipates respondents to have an average complete time of 20 minutes. If initial fielding of the form indicates the average time to complete has increased, ORR will make this update in the upcoming extension request.
Details about the changes are included in section A15 of supporting statement A.
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.
Notice of Administrative Review (Form P-18/18s/18d/18p)