[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]
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