Placement and Transfer of Unaccompanied Children into ORR Care Provider Facilities
No material or nonsubstantive change to a currently approved collection
No
Emergency
10/27/2022
Approved without change
12/28/2022
12/21/2022
Previous TOC continue: 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
04/30/2023
04/30/2023
9,659,030
0
9,659,030
4,801,053
0
4,801,053
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:
8 USC 1232
Name of Law: Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA)
US Code:
6 USC 279
Name of Law: Homeland Security Act (HSA)
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.