Risk Determination Hearings for Unaccompanied Children

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form RDH-5 Request for Appeal of Risk Determination Hearing	Form and Instruction	New	Available
Form RDH-5 Request for Appeal of Risk Determination Hearing (Form RDH-5)	Form and Instruction	New	Repair queued
Form RDH-4 Risk Determination Hearing Transcript Request	Form and Instruction	New	Available
Form RDH-4 Risk Determination Hearing Transcript Request (Form RDH-4)	Form and Instruction	New	Repair queued
Form RDH-3 Appointment of Representative for Risk Determination Hearing	Form and Instruction	New	Available
Form RDH-3 Appointment of Representative for Risk Determination Hearing (Form RDH-3)	Form and Instruction	New	Repair queued
Form RDH-2 Risk Determination Hearing Opt-Out	Form and Instruction	New	Available
Form RDH-2 Risk Determination Hearing Opt-Out (Form RDH-2)	Form and Instruction	New	Repair queued
Form RDH-1 Request for Risk Determination Hearing	Form and Instruction	New	Available
Form RDH-1 Request for Risk Determination Hearing (Form RDH-1)	Form and Instruction	New	Repair queued
SSA_0970-NEW_Risk Determination Hearings_002_CLEAN_2024 05 06.docx	Supporting Statement A	Uploaded 2024-05-07	Repair queued
Attachment A - Summary Responses to RDH Public Comment CLEAN 05-03-2024.docx	Supplementary Document	Uploaded 2024-05-07	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
267483	Request for Appeal of Risk Determination Hearing (Form RDH-5)	Form and Instruction	New	Request for Appeal of Risk Determination Hearing
267483	Request for Appeal of Risk Determination Hearing (Form RDH-5)	Form and Instruction	New
267482	Risk Determination Hearing Transcript Request (Form RDH-4)	Form and Instruction	New	Risk Determination Hearing Transcript Request
267482	Risk Determination Hearing Transcript Request (Form RDH-4)	Form and Instruction	New
267481	Appointment of Representative for Risk Determination Hearing (Form RDH-3)	Form and Instruction	New	Appointment of Representative for Risk Determination Hearing
267481	Appointment of Representative for Risk Determination Hearing (Form RDH-3)	Form and Instruction	New
267480	Risk Determination Hearing Opt-Out (Form RDH-2)	Form and Instruction	New	Risk Determination Hearing Opt-Out
267480	Risk Determination Hearing Opt-Out (Form RDH-2)	Form and Instruction	New
267479	Request for Risk Determination Hearing (Form RDH-1)	Form and Instruction	New	Request for Risk Determination Hearing
267479	Request for Risk Determination Hearing (Form RDH-1)	Form and Instruction	New

ICR Details

OMB Control No: 0970-0633	ICR Reference No: 202405-0970-004
Status: Active	Previous ICR Reference No:
Agency/Subagency: HHS/ACF	Agency Tracking No:
Title: Risk Determination Hearings for Unaccompanied Children
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 06/10/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 05/10/2024
Terms of Clearance: Approval is consistent with the understanding that ACF will ensure forms are made available and communicated to unaccompanied children in a manner and languages in which they understand.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2027	36 Months From Approved
Responses	1,519	0	0
Time Burden (Hours)	260	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This request is to create a new information collection containing five instruments in support of the new Risk Determination Hearings process under the Office of Refugee Resettlement Unaccompanied Children Program Final Rule (45 CFR 410.1903). The Risk Determination Hearing process will replace the Flores Bond Hearings (as well as the never implemented 810 Hearing process under the enjoined 2019 Joint DHS-HHS Flores Final Rule). The new forms will not take effect, nor will the three forms associated with the former Bond Hearing process (currently approved under 0970-0565) be discontinued, until the underlying regulations at 45 CFR Part 410 (also known as the Unaccompanied Children Program Foundational Rule) on which they are based take effect which is expect on or about July 1, 2024.

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Authorizing Statute(s): PL: Pub.L. 113 - 4 1101(c) Name of Law: Violence Against Women Reauthorization Act of 2013
   US Code: 8 USC 1232 Name of Law: William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA)
   US Code: 6 USC 279 Name of Law: Homeland Security Act (HSA)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 11283	02/14/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 40485	05/10/2024
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 5

table that charts list of burden

IC Title	Form No.	Form Name
Appointment of Representative for Risk Determination Hearing (Form RDH-3)	RDH-3	Appointment of Representative for Risk Determination Hearing
Request for Appeal of Risk Determination Hearing (Form RDH-5)	RDH-5	Request for Appeal of Risk Determination Hearing
Request for Risk Determination Hearing (Form RDH-1)	RDH-1	Request for Risk Determination Hearing
Risk Determination Hearing Opt-Out (Form RDH-2)	RDH-2	Risk Determination Hearing Opt-Out
Risk Determination Hearing Transcript Request (Form RDH-4)	RDH-4	Risk Determination Hearing Transcript Request

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,519	0	0	1,269	250	0
Annual Time Burden (Hours)	260	0	0	217	43	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new information collection request.

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Annual Cost to Federal Government: $32,012

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 05/10/2024

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