SSA_0970-0547_Admin Activities _011_2025 04 17

Unaccompanied Alien Children Bureau

Administrative Activities

OMB Information Collection Request

0970 - 0547

Supporting Statement Part A - Justification

April 2025

Type of Request: Revision 

Submitted By:

Office of Refugee Resettlement

Administration for Children and Families

U.S. Department of Health and Human Services

Summary

This request is for revisions to five existing forms in this collection and to remove seven forms, which will be transferred under new Office of Management and Budget (OMB) control numbers (separate requests will be submitted for the new control numbers). Details about the changes are described in section A15.

1. Circumstances Making the Collection of Information Necessary

The Office of Refugee Resettlement (ORR) Unaccompanied Alien Children (UAC) Bureau provides care and custody for unaccompanied alien 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 consider them for licensure and 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.

ORR uses several forms directly related to the care of unaccompanied alien children. The forms in this information collection allow ORR to perform UAC Bureau-related administrative activities, such as facilitating stakeholder visits to care provider facilities; obtaining consent from children to share their case file information; and processing requests and waivers for the hiring of key and non-key personnel at care provider facilities.

Legal Authorities

Homeland Security Act (HSA), 6 U.S.C. 279 – Transferred responsibilities for the care and placement of unaccompanied alien children from the Commissioner of the former Immigration and Naturalization Service (INS) to the Director of the Office of Refugee Resettlement (ORR).

William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), 8 U.S.C. 1232 – Creates additional requirements for the placement, care, and release of unaccompanied alien children in federal custody. The TVPRA also directs ORR to create policies to ensure unaccompanied alien children are protected from traffickers and others seeking to victimize them or otherwise engage them in criminal, harmful, or exploitative activity.

Unaccompanied Children Program Foundational Rule, 45 C.F.R. Part 410 – Establishes a uniform set of standards and procedures concerning the placement, care, and services provided to unaccompanied alien children in ORR care that is consistent with ORR’s statutory duties and implements minimum standards for care of unaccompanied alien children. § 410.1303(h)(1) requires providers to preserve the confidentiality of unaccompanied alien children case file records and protect the records and information from unauthorized use or disclosure, and § 410.1303(h)(3) requires providers to provider case file records to ORR immediately upon ORR’s request.

Standards to Prevent, Detect, and Respond to Sexual Abuse and Sexual Harassment Involving Unaccompanied Children Interim Final Rule, 45 C.F.R. Part 411 – Sets forth standards for ORR care provider facilities that house unaccompanied children in accordance with section 1101(c) of the Violence Against Women Reauthorization Act of 2013, Pub. L. 113-4 (VA WA 2013). §411.81 requires that any provider staff member with a substantiated allegation of sexual abuse or sexual harassment against them at an ORR care provider facility be barred from employment at any ORR care provider facility.

Investigations of Allegations of Child Abuse and Neglect Interim Final Rule, 45 C.F.R. Part 412 – Provides standards and processes for ORR to apply when it conducts investigations into allegations of child abuse and neglect of unaccompanied alien children that occur in certain care provider facilities funded by ORR, including an appeal process, and established an ORR Central Registry for individuals with substantiated allegations. §412.101(b)(1) requires that individuals listed in the ORR Central Registry (i.e., individuals with a Tier I substantiated allegation of child abuse or neglect of a child in ORR custody, see 45 CFR 412.001) will be prohibited from working or volunteering in any way on ORR-funded grants or contracts and may not have access to or contact with any unaccompanied child in ORR custody unless ORR removes such individual from the ORR Central Registry.

Flores v. Reno Settlement Agreement, No. CV85-4544-RJK (C.D. Cal. 1996)¹ – Establishes an order of priority for sponsors with whom unaccompanied alien children should be placed and sets minimum standards for the release, housing, care, and transportation of unaccompanied alien children. Flores also entitles Plaintiffs’ counsel to visit ORR facilities.

Lucas R. et al v. Becerra et al, No. 2:18-CV-05741 DMG PLA – Includes three settlement agreements that establish standards and practices for the administration of psychotropic medication to children in ORR custody, services for children in ORR custody with disabilities, and access to legal assistance for children in ORR custody. Lucas R. also entitles Plaintiffs’ counsel to visit ORR facilities. 

Saravia v. Barr et al, No. 3:17-cv-03615 (N.D. Cal.) – Provides due process rights to children who were previously in ORR custody, released to a sponsor, and then referred back to ORR based on alleged gang affiliation or involvement and establishes related standards and practices. 

2. Purpose and Use of the Information Collection

• Care Provider Facility Tour Request (Form A-1A): This form is used by advocacy groups, faith-based organizations, researchers, government officials and other stakeholders to request tours of ORR care provider facilities. After the request is received, ORR documents its decision and details regarding date and location of the tour, if applicable, and provides the completed form to the requester. See UAC Policy Guide Section 5.2 ORR Policies on Requests to Visit ORR Care Provider Facilities for related policies.

• Notice to Unaccompanied Alien Children for Class Counsel Visits (Form A-4): This form is used by care provider facilities to notify unaccompanied alien children of upcoming visits by class counsel (lawyers and volunteers enforcing the terms of various settlement agreements to which ORR is a party) and allow children to add their name to a sign-up sheet if they are willing to speak with visiting counsel. This form is available in English and Spanish. See UAC Policy Guide Section 5.2.3 Protocol for Tours of Care Provider Facilities for related policies.

• Authorization for Release of Records (Form A-5): This form is used by attorneys, legal service providers, government agencies, and other stakeholders to request UAC case file records. In most cases, requesters are required to obtain the signature of the subject of the record request (unaccompanied alien child, their parent/legal guardian, or their sponsor) and a witness. See UAC Policy Guide Section 5.10.1 UAC Case File Request Process for related policies.

• Key Personnel Minimum Qualifications Checklist and Attestation (Form A-14): This form is used by ORR care provider facilities to request hiring approval for key positions, as required in the ORR cooperative agreement, and, if applicable, request a waiver of minimum qualifications when appropriately justified. See UAC Policy Guide Section 4.3.4 Hiring Decisions for related policies.

• ORR Waiver Request (Form A-15): This form is used by ORR care provider facilities to request a waiver of a permissible regulatory, policy, procedure, or cooperative agreement requirement. ORR considers waiver requests when appropriately justified and when the safety and well-being of children in ORR custody will not be adversely affected. ORR does not have the authority to waive federal or state statutes or state regulations and may only waive certain provisions of federal regulations where specified by the regulation.

3. Use of Improved Information Technology and Burden Reduction

ORR is in the process of streamlining information management by consolidating unaccompanied alien children information from disparate storage locations, reducing manual paperwork processing conducted outside of the system (e.g., spreadsheets, PDFs, Word documents), maximizing the use of auto-population so that information is not entered more than once, enforcing business rules through automated workflow management, and improving business intelligence capabilities by automating reporting and data analytics.

4. Efforts to Identify Duplication and Use of Similar Information

The information being collected by these forms are not obtainable from other sources.

5. Impact on Small Businesses or Other Small Entities

The proposed information collections will not burden or impact small businesses.

6. Consequences of Collecting the Information Less Frequently

Not collecting this information would impede ORR from performing certain administrative activities that allow the UAC Bureau to function efficiently and effectively, including facilitating stakeholder tours, processing case files requests in a manner that protects privacy and prevents unauthorized disclosure, processing certain personnel actions that ensure individuals with a substantiated allegation of sexual abuse or sexual harassment against them at a care provider facility are not hired by another care provider facility.

7. Special Circumstances Relating to the Guidelines of 5 CFR 1320.5

None of the characteristics outlined in 5 CFR 1320.5(d)(2) apply to the forms in this collection.

8. Comments in Response to the Federal Register Notice and Efforts to Consult Outside the Agency

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13) and Office of Management and Budget (OMB) regulations at 5 CFR Part 1320 (60 FR 44978, August 29, 1995), ACF published a notice in the Federal Register announcing the agency’s intention to request an OMB review of this information collection activity. This notice was published on December 20, 2024 (89 FR 104187) and provided a sixty-day period for public comment. ORR did not receive comments.

9. Explanation of Any Payment or Gift to Respondents

No provision or gift will be provided to the respondents.

10. Assurance of Confidentiality Provided to Respondents

ORR established a system of records to ensure the level of confidentiality pursuant to the Privacy Act. 5 U.S.C. 552a. ORR’s system of records notice, titled 09-80-0321 ORR Unaccompanied Children Bureau Administrative Program Records, was published on December 12, 2024 at 89 FR 100500

11. Justification for Sensitive Questions

The forms do not contain sensitive questions.

12. Estimates of Annualized Burden Hours and Costs

Estimates used to calculate burden are based on the following factors:

• The number of respondents was calculated using data on the actual number of responses for existing forms from July 2023 through August 2024.

• ORR funds approximately 300 care provider grantees.

• ORR grantee case managers complete all forms except for the Care Provider Facility Tour Request and Authorization for Release of Records, which are assumed to be completed by the administrative or legal assistant staff, respectively, of the individuals submitting the forms.

• The cost to respondents was calculated using mean hourly wage data from May 2024 (accessed April 2025) for the following Bureau of Labor Statistics (BLS) job codes. The rates were multiplied by two to account for fringe benefits and overhead.

  • 21-1021 Child, Family, and School Social Workers in the industry of Other Residential Care Facilities – $23.53 ´ 2 = $47.06

  • 43-6014 Secretaries and Administrative Assistants, Except Legal, Medical, and Executive across all industries – $22.90 ´ 2 = $45.80

  • 23-2011 Paralegals and Legal Assistants in the industry of Legal Services – $30.76 ´ 2 = $61.52

Estimated Burden Hours and Opportunity Costs for Respondents

Form	Annual Number of Respondents	Number of Responses per Respondent	Average Burden Hours per Response	Annual Total Burden Hours	Average Hourly Wage	Annual Total Cost
Care Provider Facility Tour Request (Form A-1A)	620	1	0.33	205	$45.80	$9,389.00
Notice to Unaccompanied Alien Children for Class Counsel Visits (Form A-4)	20	1	0.25	5	$47.06	$235.30
Authorization for Release of Records (Form A-5)	9,620	1	0.50	4,810	$61.52	$295,911.20
Key Personnel Minimum Qualifications Checklist and Attestation (Form A-14)	300	6	0.42	756	$47.06	$35,577.36
ORR Waiver Request (Form A-15)	300	2	0.33	198	$47.06	$9,317.88
Estimated Annual Burden Hours and Costs Total:				5,974		$350,430.74

Estimated Burden Hours and Opportunity Costs for Recordkeepers

ORR grantee care providers staff assist in facilitating tours requested using the Care Provider Facility Tour Request and in fulfilling records requests made using the Authorization for Release of Records.

Form	Annual Number of Recordkeepers	Number of Responses per Recordkeeper	Average Burden Hours per Response	Annual Total Burden Hours	Average Hourly Wage	Annual Total Cost
Care Provider Facility Tour Request (Form A-1A)	300	1.7	2.00	1,020	$44.02	$44,900.40
Authorization for Release of Records (Form A-5)	9,620	1.0	0.50	4,810	$44.02	$211,736.20
Estimated Annual Burden Hours and Costs Total:				5,830		$256,636.60

13. Estimates of Other Total Annual Cost Burden to Respondents and Record Keepers

Respondents will not incur any direct monetary costs, other than their time, in the completion of these forms.

14. Annualized Cost to the Federal Government

The annualized cost estimate for each of these forms considers the time of a GS-12 Step 1 federal employee in the Washington, DC locality to review information following submittal and to facilitate tours requested using the Care Provider Facility Tour Request. No additional costs will be incurred by the Federal government for developing computer systems or storing the forms as those systems are already in place. The hourly rate was multiplied by two to account for fringe benefits and overhead.

Form	Annual Number of Federal Staff	Number of Reviews per Federal Staff	Average Federal Staff Burden Hours per Review	Annual Total Federal Staff Burden Hours	Average Federal Staff Hourly Wage	Annual Total Federal Staff Cost
Care Provider Facility Tour Request (Form A-1A)	110	5	0.04	22	$97.18	$2,137.96
Authorization for Release of Records (Form A-5)	11	673	0.01	74	$97.18	$7,194.24
Key Personnel Minimum Qualifications Checklist and Attestation (Form A-14)	50	31	0.01	16	$97.18	$1,506.29
ORR Waiver Request (Form A-15)	50	12	0.01	6	$97.18	$583.08
Estimated Annual Burden Hours and Costs Total:				118		$11,421.57

15. Explanation for Program Changes or Adjustments

FORMS BEING TRANSFERRED UNDER A NEW OMB CONTROL NUMBER

ORR UAC Bureau is in the process of reorganizing its information collections to create more unique information collections that will contain fewer forms under each OMB control number. This will promote operational efficiency for UAC Bureau by decreasing the burden associated with renewing large collections and enabling UAC Bureau to create more purpose-specific information collections. In addition, this will facilitate OMB review by ensuring the scope of the collection is targeted and narrower than existing collections, resulting in clearer requests.

1. ORR plans submit a request for a new OMB control number that will include all forms related to Home Study and Post-Release Services for Unaccompanied Alien Children. The request will include transferring the Notification of Concern (Form A-7) from this collection under the new control number.

2. ORR plans submit a request for a new OMB control number that will include all forms related to Incident Reporting for the Unaccompanied Alien Children Bureau. The request will include transferring the following forms from this collection under the new control number:

   • Child-Level Event (Form A-9A)

   • Emergency Significant Incident Report (Form A-9B)

   • Non-Emergency Significant Incident Report (Form A-9C)

   • Historical Disclosure (Form A-9D)

   • Behavioral Note (Form A-9E)

   • Program-Level Event Report (Form A-10)

REVISIONS TO EXISTING FORMS

ORR plans to make the following revisions to existing forms in this information collection:

1. Authorization for Release of Records (Form A-5):

• Change “UC” and “unaccompanied child” to “UAC” and “unaccompanied alien child” throughout the form

• Revise the burden estimate to account for an increase in the number records requests submitted and more accurately reflect how long it takes to complete the form. The annual number of respondents increased from 4,000 to 9,620 and the average burden hours per response increased from 0.25 to 0.5.

2. Notice to Unaccompanied Alien Children for Class Counsel Visits (Form A-4):

   • Change the title of the form from “Notice to UC for Flores Counsel Visits” to “Notice to Unaccompanied Alien Children for Class Counsel Visits”

   • Change “UC” and “unaccompanied child” to “UAC” and “unaccompanied alien child” throughout the form

   • Add a field for “Settlement Agreement” with dropdown options for active settlement agreements

   • Update the language describing what the settlement generally requires of the government so that there is language that corresponds with each option in the “Settlement Agreement” dropdown field.

3. Care Provider Facility Tour Request (Form A-1A):

• Retitle the form from “Care Provider Facility Tour Request” to “Care Provider Facility Tour and Visit Request” to better represent the purpose of the form. In addition to tours, the form may also be used to request visits (requests to come onsite that do not involve a formal tour of the facility)

• Change “UC” and “unaccompanied child” to “UAC” and “unaccompanied alien child” throughout the form

• Update the words “tour” or “visit” to read “tour or visit” wherever they appear by themselves in the form (as applicable)

• Reword parts of the introductory text at the top of the form and instructions throughout the form for clarity

• Add “including HHS, ACF, ORR employees, and ORR contractors” in parentheses after the “Federal Agency” option for the “Type of Visitor” field to clarify which federal agencies must complete the form

• Revise the burden estimate to account for an increase in the number of requests submitted and more accurately reflect how long it takes to complete the form. The annual number of respondents increased from 200 to 620 and the average burden hours per response increased from 0.17 to 0.33.

4. Key Personnel Minimum Qualifications Checklist and Attestation (Form A-14):

   • Change “UC” and “unaccompanied child” to “UAC” and “unaccompanied alien child” throughout the form

   • Revise the introductory text to the form to remove repetition and improve readability.

   • Revise Section D: Candidate Minimum Qualifications to:

     • Reorganize how the minimum qualifications for each position are displayed to make it easier for the respondent to understand the requirements

     • Change the “Candidate does not meet minimum qualification” checkbox into a question that asks “Does the candidate meet the minimum qualification?” with yes/no options so that the respondent may more clearly communicate whether the candidate meets minimum qualifications

     • Update the qualifications for each position and add two new positions (Background Check Specialist and Lead Medical Coordinator) to reflect revisions that are under consideration for ORR’s residential services cooperative agreement

   • Revise the burden estimate to account for an increase in the number of care provider facilities, a decrease in the number of forms submitted, and more accurately reflect how long it takes to complete the form. The annual number of respondents increased from 235 to 300, the annual number of responses per respondent decreased from 9 to 6, and the average burden hours per response increased from 0.17 to 0.42.

5. ORR Waiver Request (Form A-15):

• Change “UC” and “unaccompanied child” to “UAC” and “unaccompanied alien child” throughout the form

• Add a burden statement at the top of the form.

• Break the form into several sections to make it more digestible for respondents

• Rephrase several field labels for clarity and succinctness

• Add a field for the respondent to specify whether they are a care provider facility or a home study or post-release service provider

• Change the “Type of Facility/Provider” field label to “Level of Care” and update the related checkbox options to better reflect care provider facility levels of care

• Add a place where respondents can upload a supervision or training plan when applicable for their request

• Revise the burden estimate to account for an increase in the number of care provider facilities. The annual number of respondents increased from 235 to 300.

16. Plans for Tabulation and Publication and Project Time Schedule

ORR does not plan to publish the information provided by the respondents.

17. Reason(s) Display of OMB Expiration Date is Inappropriate

ORR plans to display the expiration date of clearance as set by OMB.

18. Exceptions to Certification for Paperwork Reduction Act Submissions

No exceptions are necessary for this information collection.

1 Flores was partially and conditionally terminated per Flores v. Garland, No. CV 85-4544-DMG (AGRX), 2024 WL 3467715 (C.D. Cal. June 28, 2024). However, Flores counsel is still entitled to visit ORR facilities since the agreement was not fully terminated.