Placement and Transfer of Unaccompanied Children into ORR Care Provider Facilities
Revision of a currently approved collection
No
Regular
Approved without change
06/12/2023
04/28/2023
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
06/30/2026
36 Months From Approved
06/30/2023
15,438,378
0
9,659,030
7,649,415
0
4,801,053
0
0
0
The UC Program provides care and custody for unaccompanied children 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 children in ORR custody. Generally, care provider facilities are State licensed (with the exception of those located in states unwilling to license them and temporary emergency 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.
ORR uses several instruments directly related to the care of unaccompanied children. The instruments in this information collection allow ORR to place unaccompanied children referred to ORR by federal agencies into care provider facilities and to transfer children within the ORR care provider network.
The current request is to continue data collection for all forms approved under this information collection, including those for which emergency approval was granted, as well as additional revisions to the following instruments: Notice of Placement in a Restrictive Setting (Form P-4) and Community-Based Care Placement Memo (formerly titled Long Term Foster Care Placement Memo) (Form P-5).
This information collection was most recently approved under emergency approval for six months, as authorized under 44 U.S.C. 3507(subsection j), due to an unanticipated event that could have reasonably caused a court-ordered deadline to be missed if normal Paperwork Reduction Act (PRA) clearance procedures were followed. This request is to continue data collection for all forms approved under this information collection, including those for which emergency approval was granted, as well as additional revisions. See A2 and A15 below for additional details.
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 alleged violation of unaccompanied child 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 obligated 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 took effect. Those policy and procedural protections include specific changes regarding notification of rights and documentation of restrictive placement, both of which required a new instrument and revision to an existing instrument in this information collection. The Final Order took 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)
PL:
Pub.L. 113 - 4 1101(c)
Name of Law: Violence Against Women Reauthorization Act of 2013
This request is to extend approval of a request that was approved for six months under an emergency request. This current request includes revisions, as outlined is section A15 of Supporting Statement A, under âCurrently Proposed Revisions.â Revisions that were approved most recently are also outlined.
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.