NonSub Change - Notice of Concern (Form A-7) Mode, categories, clarification

To: Kelsi Feltz

Office of Information and Regulatory Affairs (OIRA)

Office of Management and Budget (OMB)

From: Shannon Herboldsheimer

Office of Refugee Resettlement (ORR)

Administration for Children and Families (ACF)

Date: April 11, 2023

Subject: Non-Substantive Change Request – Administration and Oversight of the Unaccompanied Children Program (OMB #0970-0547)

This memo requests approval of non-substantive changes to the approved information collection, Administration and Oversight of the Unaccompanied Children Program (OMB #0970-0547).

Background

The “Administration and Oversight of the Unaccompanied Children Program” information collection contains 10 instruments that allow the Office of Refugee Resettlement (ORR) to facilitate stakeholder visits to care provider facilities; obtain consent from unaccompanied children (UC) to share their case file information; improve service delivery to UC; and ensure that serious issues are elevated to ORR and that all incidents and the response to such incidents are documented and resolved in a way that protects the best interests of UC. The collection was last approved by OMB on May 18, 2022 and the current expiration date is May 31, 2025.

The current version of the Notification of Concern (NOC) (Form A-7) was intended for use in a modernized version of ORR’s case management system. Development of the system is still underway; therefore, ORR proposes converting the form to a fillable PDF so that it can begin collecting information as soon as possible.

In addition, ORR has identified some modifications to NOC categories and other minor revisions to improve clarity and functionality of the form.

Overview of Requested Changes

Conversion to a Fillable PDF

Converting the form to a fillable PDF primarily only changes the format and the mode of completion and submission. There are a few fields that were removed because they are not relevant or impede functionality of a fillable PDF. These updates are described below under Other Revisions.

Revision to NOC Categories

ORR proposes the following revisions to NOC categories. These proposed revisions will allow for increased clarity and better alignment with ORR policy. The proposed revisions reorganize and/or reword existing NOC categories and, in some instances, add subcategory options for more accurate reporting.

In particular, ORR proposes reorganizing NOC categories related to sexual abuse into two separate categories and adding subcategories to directly reflect how sexual abuse is defined in UC Policy Guide Section 4.1.1. Likewise, ORR proposes adding subcategories to the sexual harassment category to reflect the definition in UC Policy Guide Section 4.1.3. Finally, ORR added a category for code of conduct violations (which is currently reported under the sexual abuse or sexual harassment categories in this form) and related subcategories that reflect the definition in UC Policy Guide Section 4.3.5. All added subcategories align with the current definitions in the existing UC Policy Guide (specific sections noted previously) and are information that is already collected in narrative format in the “Summary of Incident” field. The subcategories will assist respondents in understanding the types of incidents that must be reported, which is vital to ensuring appropriate response and intervention.

Current Categories	Proposed Categories
Abuse or Neglect Sexual Abuse Sexual Abuse Sexual Harassment Inappropriate Sexual Behavior Emotional Abuse Domestic Violence Physical Abuse Neglect or Abandonment Unknown	Abuse or Neglect Verbal or Emotional Abuse Domestic Violence Physical Abuse Neglect or Abandonment Labor Trafficking Concerns Sex Trafficking Concerns Unknown Sexual Abuse of Minor by Minor Intentional touching, directly or through clothing, of another's genitalia, anus, groin, breast, inner thigh, or buttocks Penetration of another child's anal, oral, or genital area by a body part or object Forcing another child to touch/penetrate genitalia, anus, groin, breast, inner thigh, or the buttocks of another child Exposure of buttocks, breast, or genitalia of self or another person (excluding unintentional, incidental exposure such as in a bathroom) Knowingly masturbating in another person's presence Bestiality Sadistic or masochistic abuse Possession or use of child pornography Child prostitution Sexual Abuse of Minor by Adult Actual or simulated sexual intercourse Molestation (penetration or touching unrelated to official job duties of another child's buttocks, breasts, or anal, oral, or genital area by a body part or object) Prostitution of a child Forcing a child to engage in sexual exploitation of another child Any display of staff's uncovered buttocks, breast, or genitalia in the presence of a child Masturbation Bestiality Sadistic or masochistic abuse Possession or use of child or adult pornography Voyeurism Any attempt, threat, or request to engage in any of the activities above Sexual Harassment Repeated and unwelcome sexual advances or requests for sexual favors Repeated verbal comments, gestures, phone calls, and/or all electronic communication that are derogatory or sexual in nature Repeated actions of a derogatory or offensive sexual nature Inappropriate Sexual Behavior1 Staff Code of Conduct & Boundary Violation Providing letters, gifts, pictures, or any personal contact/social media information with any UC in ORR care or within three years of the child’s discharge Having any contact with any UC outside of the care provider facility beyond scope of duties while the child is in ORR care or within three years of the child’s discharge Failing to confine relationships with UC families and sponsors to within scope of duties Engaging in a romantic relationship with a UC while the child is in ORR care or within three years of the child’s discharge Cohabitating with a UC within three years of the child’s discharge Failure to report any knowledge, suspicion, or information about sexual abuse, sexual harassment, or inappropriate sexual behavior
Minor Behavioral Incident w/ safety concern	Child Behavioral Incident with Safety Concerns
CPS Involvement CPS Active Case CPS Removal CPS Reported to ORRNCC	CPS Involvement CPS Active Case CPS Removal CPS Reported to ORRNCC
Criminal Activity/Charges against Minor	Criminal Activity or Charges against Released Child
Criminal Activity/Charges against Sponsor	Criminal Activity or Charges against Sponsor that Directly Affect Child Safety
Death of UC	Death of Released Child
Media Attention	Media Attention
Placement Disruption w/safety concerns	Placement Disruption with Safety Concerns
Potential Fraud Confidence Scheme Document/Information Fraud	Actual or Potential Fraud Schemes
	Intentional Information/Document Fraud
Serious Medical Issue/Hospitalization	Serious Medical Issue or Hospitalization
Substance Abuse/Substance Abuse History	Substance Use that Required Additional Support/Services
Run Away	Location of Released Child Unknown with Safety Concerns Known Runaway Known Abduction Unknown
Sponsor Declined Services	Sponsor Declined Services
Trafficking Concern	This category was moved under Abuse or Neglect and split into two subcategories for labor and sex trafficking concerns.
UC Abducted	This category was moved under Disappearance of Release Child
Lost Contact w/ safety concerns	Lost Contact with Sponsor and/or Released Child and have Safety Concerns

Other Revisions

• General Revisions – Spell out acronyms and replace “UC” with “child” or “released child” where appropriate.

• Released Child Information Section –

  • Rename “Program/Facility” field to “Program Name”

  • Remove “time” from “Date/Time of Discharge” field. This field was a date/time stamp generated by the system and completing both date and time would be

  • burdensome to manually complete in a fillable PDF version. Also, time of discharge is not relevant to NOCs because they are reported after the child is discharged from ORR custody; the date field is sufficient for the reporting and follow-up purposes of NOCs.

• Event Details Section – These revisions were made to 1) remove fields that are related to system functionality and are not relevant a fillable PDF version of the form, and 2) remove fields better align fields with forthcoming revisions to a related form, Event (Form A-9), under this OMB#.

  • Remove “Event ID”, “Event Type”, “Event Occurred in ORR Care”, and “Location if US Interior” fields. Note that there is no need for the “Event ID” in a PDF form because the A# and various date fields can be used to cross-reference information in ORR’s current case management database and addendums can be entered directly into the PDF.

  • Add “Date of Event” field.

  • Update “Location of Event” dropdown options

    • Add “Group Home”

    • Rename “Community” to “Community (field trip or outside the foster home)”

    • Rename “U.S. Interior” to “U.S. Interior (not DHS or ORR)”

• Reporting Party Section –

  • Rename the “Date of Incident” field to “Date Reporting Party Informed of Event”

  • In “Type” field, rename dropdown option “Safety Well Being Follow Up Call” to “Care Provider.” This change ensures all dropdown options for this field refer to a type of reporting party that may submit an NOC; the Safety Well Being Follow Up Call is a type of report, not a type of reporting party.

• Incident Information Section –

  • Remove “Status” field. This field is related to system functionality and is not relevant a fillable PDF version of the form.

  • Change “Description of Addendum Changes” field to a table that allows for the addition of multiple addendums.

1 Inappropriate Sexual Behavior includes singular/unrepeated instances of sexually related behavior that does not meet the definition of sexual abuse or sexual harassment and that does not align with age or developmental appropriateness. For example, incidents such as one-off fondling, unwanted kissing, a request for a sexual favor, or one-time sexual advance would be reported under this category, but common developmentally appropriate behaviors, like benign butt touching, would not be reported.