[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Notices]
[Pages 49549-49551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19263]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES


Federal Licensing of Office of Refugee Resettlement Facilities 
Request for Information

AGENCY: Office of Refugee Resettlement (ORR), Administration for 
Children and Families (ACF), Department of Health and Human Services 
(HHS).

ACTION: Request for information.

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SUMMARY: The Unaccompanied Children (UC) Program is responsible for the 
administration of childcare facilities throughout the country that care 
for unaccompanied children arriving in the United States prior to those 
children being placed with viable sponsors in the United States. To 
inform a strategic and impactful plan for the administration of these 
facilities HHS is issuing this Request for Information (RFI). The RFI 
solicits specific input regarding options for a Federal licensure 
process to ensure continued program operations.

DATES: To be considered, public comments must be received 
electronically no later than October 4, 2021.

ADDRESSES: Public comments should be submitted online at http://www.regulations.gov. All submissions must be submitted to the Docket 
named ACF-2021-0001 to ``Request for Information (RFI) from Non-Federal 
Stakeholders: Federal Licensing of ORR Facilities.'' Comments submitted 
electronically, including attachments, will be posted to the docket 
unchanged and available to view by the public. Evidence and information 
supporting your comment can be submitted as attachments. Please provide 
your contact information or organization name on the web-based form for 
possible follow up from HHS. There is a 5,000-character limit on 
comments and maximum number (10) of attached files and maximum size (10 
MB) of each attached file.

FOR FURTHER INFORMATION CONTACT: Toby Biswas, Senior Supervisory Policy 
Counsel, Division of Policy and Procedures, Office of Refugee 
Resettlement, Administration for Children and Families, Department of 
Health and Human Services, Washington, DC, (202) 205-4440 or 
[email protected].

SUPPLEMENTARY INFORMATION: ORR facilities are currently administered 
through a nationwide network of grantee providers that care for 
unaccompanied children on a day-to-day basis. These facilities are 
subject to Federal ORR policies and regulations regarding their 
operations as well as applicable State-based licensure regulations 
regarding the operation of childcare facilities in each jurisdiction.
    The Flores Settlement Agreement (FSA) generally requires that ORR 
promptly place unaccompanied children into a State licensed child-care 
program. As of July 2021, ORR operates over 200 licensed care provider 
facilities in 22 states under approximately 50 separate grants executed 
under Cooperative Agreements between ORR and the grantee care 
providers. Each State has its own State licensing standards.
    The Director of ORR and the Secretary of HHS have broad authority 
to oversee policies for the care of unaccompanied children, including 
by identifying a

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sufficient number of qualified individuals, entities, and facilities to 
house unaccompanied children; overseeing the infrastructure and 
personnel at facilities that ORR places unaccompanied children; and 
conducting investigations and inspections of the facilities that house 
unaccompanied children. See 6 U.S.C. 279(b)(1)-(2); 8 U.S.C. 1232. 
Accordingly, the Director has authority to develop, implement, and 
oversee the licensing or other approval of facilities that house 
unaccompanied children pursuant to a set of uniform Federal standards. 
Historically, ORR has not developed or implemented a Federal licensing 
or approval system and instead has funded State-licensed care 
facilities.
    On May 31, 2021, Texas Governor Greg Abbott issued an emergency 
proclamation directing the Texas Health and Human Service Commission 
(HHSC) to ``discontinue state licensing of any child-care facility in 
this state that shelters or detains [unaccompanied children] under a 
contract with the federal government.'' The May 31 proclamation directs 
HHSC to ``deny a license application for any new child-care facility 
that shelters or detains [unaccompanied children] under a contract with 
the federal government, to renew any existing such licenses for no 
longer than a 90-day period following the date of this order, and to 
provide notice and initiate a 90-day period beginning on the date of 
this order to wind down any existing such licenses.'' \1\
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    \1\ May 31, 2021, Emergency Proclamation, available at: https://gov.texas.gov/uploads/files/press/DISASTER_border_security_IMAGE_05-31-2021.pdf.
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    On July 13, 2021, HHSC issued an emergency rule implementing the 
May 31 Proclamation, which creates a temporary exemption to Texas's 
State licensure requirement for child-care facilities that shelter 
unaccompanied children in Federal custody. See 26 T.A.C. section 
745.115. The emergency rule--and the exemption it provides--are only 
effective for 120 days and can only be renewed for an additional 60 
days. The emergency rule directed facilities with an existing license 
serving unaccompanied children to provide notice to HHCS by July 31, 
2021, indicating whether they intended to continue serving 
unaccompanied children after August 30, 2021, and if so, whether they 
intended to relinquish their licenses and continue operating as an 
exempt, unlicensed program, or whether they intended to retain their 
licenses and continue serving unaccompanied children by separately 
operating an exempt program to serve their unaccompanied child 
population. See 26 T.A.C. section 745.10301. The same day, HHSC issued 
updated guidance regarding the May 31 proclamation.\2\ It is unclear if 
the Texas legislature intends to provide a permanent exemption when the 
emergency rule expires.
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    \2\ July 13, 2021, Updated Guidance on the Governor's Disaster 
Proclamation, available at: https://www.hhs.texas.gov/sites/default/files/documents/doing-business-with-hhs/provider-portal/protective-services/ccl/ccl-gov-declaring-disaster.pdf.
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    ORR is committed to providing the highest level of services to all 
children in ORR facilities and to treating all unaccompanied children 
with dignity, respect, and special concern for their particular 
vulnerability. As such, ORR is exploring the possibility of providing 
Federal licenses to ORR facilities where State law declines to license 
or otherwise exempts from licensure programs that contract or have a 
grant with ORR for the provision of physical care and services for 
unaccompanied children. HHS is considering assigning the responsibility 
of licensing or approving ORR facilities to a component outside of ORR, 
such as in ACF, and having that component be responsible for 
investigations and inspections of the ORR facilities, as well as 
monitor compliance.
    Any such HHS component would also monitor compliance with all 
necessary adopted standards independently of any direct ORR oversight. 
Specifically, this component would be responsible for investigations 
and inspections of ORR facilities and issuance of licenses under this 
plan. This HHS component might contract with an outside entity to 
perform some of the responsibilities discussed herein, while ultimately 
maintaining oversight over the outside entity.
    Additionally, ORR is interested in determining whether 
accreditation through an independent accreditation agency could 
likewise accomplish the goal of providing applicable standards without 
Federal licensing.
    The RFI seeks public input on the challenges posed by the current 
State-based system of licensures that requires facilities to comply 
with a variety of complex rules that vary by State and--as demonstrated 
by the Texas proclamation--exposes ORR facilities to licensing 
discrimination by State regulatory officials based on their affiliation 
with the Federal Government. The RFI also seeks input on what sort of 
licensing regime, and which responsible HHS component, would best serve 
the needs of current service providers, including any interests in 
standardization of licensing requirements, while also preserving 
independence and objectivity in oversight from ORR. The RFI also seeks 
input regarding how best to preserve independence from ORR in 
monitoring compliance of existing standards in ORR facilities as well 
as any additional commentary that would be relevant.
    Responses may address one or more of the areas below:

    1. What challenges do facilities face in complying with the 
State-based licensing scheme as currently operating around the 
country?
    2. What sort of independent entity do you see as best positioned 
to provide the services currently provided by State licensing 
entities?
    3. Comments on having one entity responsible for issuing 
licenses and a second entity responsible for investigations and 
inspections.
    4. When should a provider seek a Federal license as opposed to a 
State license?
    5. Views on the possibility of dual (State and Federal) 
licensure and/or Federal accreditation of State licensed facilities 
to ensure compliance with minimum Federal standards?
    6. Suggestions on how to improve information sharing between 
State and Federal partners?
    7. What challenges would be posed to existing ORR facilities if 
ORR were to seek a Federal license on a facility's behalf?
    8. What types of standards should be adopted for licensure (the 
list is non-exhaustive, and commenters should please include 
recommendations on additional categories)?
a. Minimum standards for facilities
b. Admission, orientation, reunification, and release processes
c. Child rights
d. Services, including needs assessment, development of care plans, 
developmental and educational services, and legal services
e. Organization and administration
f. Reporting and recordkeeping
g. Training
h. Monitoring and oversight
i. Caregiver-to-child staffing ratios
j. Medical and dental care, family planning services, and emergency 
healthcare services
k. Mental health and behavior management
l. Visitation and contact with family members
m. Safeguarding children
n. Physical plant
o. Rescission and denial of licenses
    9. How would an independent licensing entity best provide 
independence and objectivity from ORR in performing its critical 
task of monitoring compliance with all existing standards?
    10. What proposed rules and processes should be applied for an 
independent investigatory agency to investigate and inspect 
federally licensed facilities?
    11. What are some possible benefits of Federal licensure?

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    12. What are some possible challenges of Federal licensure?
    13. How would Federal licensure impact operations and other 
requirements, such as grant/contract or insurance requirements?
    14. What agency or entity should investigate and inspect 
federally licensed facilities?
    15. Comments regarding a Federal licensing scheme versus a 
Federal accreditation plan.
    16. How can considerations for an ORR Federal licensing, 
accreditation, and/or monitoring scheme inform additional or aligned 
guidance and standards for other full-time child-caring facilities 
supported by ORR or HHS?
    17. What information should ORR provide to the public on ORR-
funded or ORR-licensed shelter facilities?
    18. What resources should ORR consider if it develops a Federal 
licensing, accreditation, and/or monitoring program?
    19. Would a Federal licensing or accreditation program need to 
work differently in different care environments, such as residential 
childcare institutions, group homes, and child behavioral health 
facilities?
    20. Would you recommend any alternatives to a Federal licensing 
or accreditation scheme?
    21. Any additional topics you wish to provide input on.
    The information received will inform the planning for executing 
a new Federal licensing scheme or accreditation program.


    Dated: September 1, 2021.
Cindy Huang,
Director, Office of Refugee Resettlement.
[FR Doc. 2021-19263 Filed 9-1-21; 4:15 pm]
BILLING CODE 4184-45-P