[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Notices]
[Pages 53319-53322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20918]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Submission for OMB Review; Administration and Oversight of the 
Unaccompanied Children Program (OMB #0970-0547)

AGENCY: Office of Refugee Resettlement, Administration for Children and 
Families, Department of Health and Human Services.

ACTION: Request for public comment.

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SUMMARY: The Office of Refugee Resettlement (ORR), Administration for 
Children and Families (ACF), U.S. Department of Health and Human 
Services (HHS), is inviting public comments on revisions to an approved 
information collection. The request consists of several forms that 
allow the Unaccompanied Children (UC) Program to monitor care provider 
facility compliance with federal laws and regulations, legal 
agreements, and ORR policies and procedures; and perform other 
administrative tasks.

DATES: Comments due within 30 days of publication. OMB must make a 
decision about the collection of information between 30 and 60 days 
after publication of this document in the Federal Register. Therefore, 
a comment is best assured of having its full effect if OMB receives it 
within 30 days of publication.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

SUPPLEMENTARY INFORMATION: Description: ORR received several comments 
on this information collection in response to the Federal Register 
Notice published on January 6, 2021, (86 FR 545) and has provided 
responses to those comments in its final submission to OMB. UC Path is 
critical to program operations and it is

[[Page 53320]]

important that rollout of the new system not be delayed. Therefore, the 
below description details what will be included in the initial launch 
of the UC Path case management system and revisions based on public 
comments will be made after initial launch. ORR plans to conduct a 
deliberative review of commenters' suggestions and concerns and submit 
a request for revisions to this information collection request in 
January 2022. The upcoming information collection request will also 
include revisions based on feedback from UC Path system users (i.e., 
ORR grantee, contractor, and federal staff).
    A. ORR plans to revise six instruments currently approved under OMB 
#0970-0547. Four of the revised instruments will be incorporated into 
ORR's new case management system, UC Path. The other two revised 
instruments are and will remain PDF instruments. In addition, ORR plans 
to add four new instruments to this collection--two will be 
incorporated into UC Path and two will be in PDF format. ORR also plans 
to remove one currently approved instrument from this collection. 
Finally, ORR plans to replace the term ``unaccompanied alien child 
(UAC)'' with ``unaccompanied child (UC)'' throughout the instruments in 
this collection.
    1. Care Provider Facility Tour Request (Form A-1A): This instrument 
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. No 
revisions are currently requested; ORR plans to continue use of this 
form as-is.
    2. Notice to UC for Flores Visits (Forms A-4 & A-4s): This 
instrument is used by care provider facilities to notify UC of upcoming 
visits by Flores counsel (lawyers and volunteers from the organization 
that originally participated in the creation of the Flores Settlement 
Agreement) and allows UC to add their name to a sign-up sheet if they 
are willing to speak with Flores counsel. ORR updated the Spanish 
translation of this PDF instrument.
    3. Authorization for Release of Records (Form A-5): This instrument 
is used by attorneys, legal service providers, government agencies, and 
other stakeholders to request UC case file records. In most cases, 
requesters are required to obtain the signature of the subject of the 
record request (UC or their parent/legal guardian or sponsor) and a 
witness. ORR made the following revisions:
    [cir] Added a section in which ORR-funded legal service providers 
are required to certify their representation of the child.
    [cir] Added a separate area where sponsors may authorize the 
release of their records.
    [cir] Updated the required supporting documentation for a 
representative of a federal/state government agency or the National 
Center for Missing and Exploited Children to further require that the 
requester specify the scope of their investigation and provide a case 
reference number.
    [cir] Clarified in the instructions that ORR will not release any 
records that are clearly outside of the scope of a government agency's 
investigation absent a court-issued subpoena or order.
    4. Notification of Concern (Form A-7): This instrument is used by 
home study and post-release service caseworkers, care provider case 
managers, and the ORR National Call Center to notify ORR of certain 
concerns that arise after a UC is released from ORR custody. This is a 
new instrument that ORR plans to add to this collection.
    5. Event (Form A-9): This instrument is used by ORR care provider 
programs to document high-level information about situations that must 
be reported to ORR. Creating an Event is the first step in creating any 
type of incident report (see forms A-10A to A-10C below), PLE Report 
(see form A-10D below), or Notification of Concern (see form A-7 
above). After an Event is created, an incident report or Notification 
of Concern is created for each UC involved in the incident and linked 
to the Event. For program-level events, one PLE Report is created and 
linked to the Event. Event information is visible in each individual 
report/notification report. This instrument was previously approved as 
part of ORR's various incident reports (Forms A-10A to A-10D). ORR is 
listing it separately, as a new instrument, to better align instruments 
in this collection with how data will be entered in UC Path. Some 
fields that were previously entered in each incident report have been 
moved into this instrument so that they only need to be entered once. 
The form also contains several new fields that capture additional 
information about the location and timeframe of the event. Please note 
that internal form number A-9 was previously assigned to the Program-
Level Event Report.
    6. Emergency Significant Incident Report (SIR) and Addendum (Form 
A-10A): This instrument is used by ORR care provider programs to inform 
ORR of urgent situations in which there is an immediate threat to a 
child's safety and well-being that require instantaneous action. In 
some cases, an Emergency SIR Addendum may be required to provide 
additional information obtained after the initial report. ORR made the 
following revisions:
    [cir] Revised the available options for the category and 
subcategory fields.
    [cir] Added fields to capture additional detail on individuals 
involved in the incident, actions taken, and video footage.
    [cir] Added fields to capture additional information related to 
reporting of incidents to child protective services, state licensing 
agencies, and local law enforcement.
    [cir] Added a disposition field to indicate whether the incident is 
closed or if the incident is open and further action is required.
    [cir] Updated functionality for the list of individuals who need to 
be notified of the incident so that it is auto-populated and 
notification emails can be sent from within the UC Path system.
    [cir] Updated internal form numbering so that reports and addendums 
fall under the same form number.
    7. Significant Incident Report (SIR) and Addendum (Form A-10B): 
This instrument is used by ORR care provider programs to inform ORR of 
situations that affect, but do not immediately threaten, the safety and 
well-being of a child. In some cases, an SIR Addendum may be required 
to provide additional information obtained after the initial report. 
ORR made the following revisions:
    [cir] Revised the available options for the category and 
subcategory fields.
    [cir] Added fields to capture additional detail on individuals 
involved in the incident, actions taken, and video footage.
    [cir] Added fields to capture additional information related to 
reporting of incidents to child protective services, state licensing 
agencies, and local law enforcement.
    [cir] Added a disposition field to indicate whether the incident is 
closed or if the incident is open and further action is required.
    [cir] Updated functionality for the list of individuals who need to 
be notified of the incident so that it is auto-populated and 
notification emails can be sent from within the UC Path system.
    [cir] Updated internal form numbering so that reports and addendums 
fall under the same form number.
    8. Sexual Abuse Significant Incident Report (SA/SIR) and Addendum 
(Form A-10C): This instrument is used by ORR care provider programs to 
inform ORR

[[Page 53321]]

of allegations of sexual harassment, sexual abuse, and inappropriate 
sexual behavior that occurred while the UC was in ORR custody. In some 
cases, an SA/SIR Addendum may be required to provide additional 
information obtained after the initial report. ORR made the following 
revisions:
    [cir] Revised the available options for the category and 
subcategory fields.
    [cir] Added fields to capture additional detail on individuals 
involved in the incident, actions taken, and video footage.
    [cir] Added fields to capture additional information related to 
reporting of incidents to child protective services, state licensing 
agencies, and local law enforcement.
    [cir] Added a disposition field to indicate whether the incident is 
closed or if the incident is open and further action is required.
    [cir] Updated functionality for the list of individuals who need to 
be notified of the incident so that it is auto-populated and 
notification emails can be sent from within the UC Path system.
    [cir] Updated internal form numbering so that reports and addendums 
fall under the same form number.
    9. Program-Level Event (PLE) Report and Addendum (Form A-10D): This 
instrument is used by ORR care provider programs to inform ORR of 
events that may affect the entire care provider facility, such as an 
active shooter or natural disaster. An updated PLE Report is required 
for events that occur over multiple days or if the situation changes 
regarding the event. ORR made the following revisions:
    [cir] Revised the available options for the category and 
subcategory fields.
    [cir] Added fields to capture additional detail on individuals 
involved in the incident, actions taken, and video footage.
    [cir] Added fields to capture additional information related to 
reporting of incidents to child protective services, state licensing 
agencies, and local law enforcement.
    [cir] Added a disposition field to indicate whether the incident is 
closed or if the incident is open and further action is required.
    [cir] Updated functionality for the list of individuals who need to 
be notified of the incident so that it is auto-populated and 
notification emails can be sent from within the UC Path system.
    [cir] Updated internal form numbering so that reports and addendums 
fall under the same form number.
    10. Hotline Alert (Form A-12): ORR is discontinuing this 
instrument. In UC Path, the ORR National Call Center will use the 
Notification of Concern instead of the Hotline Alert.
    11. Key Personnel Minimum Qualifications Checklist and Attestation 
(Form A-14): This instrument is used by ORR care provider programs 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. This is a new instrument 
that ORR plans to add to this collection and is currently approved 
under OMB #0970-0558.
    12. ORR Waiver Request (Form A-15): This instrument is used by ORR 
care provider programs 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 would not be adversely affected. 
ORR does not have the authority to waive federal or state statute or 
state regulations and may only waive certain provisions of federal 
regulations where specified by the regulation. This is a new instrument 
that ORR plans to add to this collection and is currently approved 
under OMB #0970-0558.
    B. ORR plans to remove the term ``alien'' from the title of this 
information collection and revise it to read ``Administration and 
Oversight of the Unaccompanied Children Program.''
    C. ORR intends to conduct a phased rollout of the UC Path system. 
Beginning fall 2021, ORR plans to roll the UC Path system out to a 
small group of care provider programs. ORR will gradually expand use of 
the system to other programs and expects all care provider programs 
will be using UC Path by spring 2022. To ensure continuity of 
operations, care provider programs will need the ability to continue 
using instruments in the UC Portal system while they are waiting to 
transition over to the UC Path system. Therefore, ORR proposes 
continued use of the following UC Portal (ORR's current case management 
system) instruments, concurrently with the UC Path versions of the same 
instruments, until all care provider programs are using UC Path.

 Emergency Significant Incident Report and Addendum (Form A-
10A)
 Significant Incident Report and Addendum (Form A-10B)
 Sexual Abuse Significant Incident Report and Addendum (Form A-
10C)
 Program-Level Event Report and Addendum (Form A-10D)

    Respondents: ORR grantee and contractor staff; advocacy groups, 
faith-based organizations, researchers, and government officials; 
attorneys, legal service providers, child advocates, and government 
agencies; and other stakeholders.

                                             Annual Burden Estimates
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                                                                Annual number    Average burden
                 Instrument                    Annual number     of responses     minutes per      Annual total
                                               of respondents   per respondent      response       burden hours
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                                                   Respondents
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Care Provider Facility Tour Request (Form A-              200                1               10               33
 1A)........................................
Notice to UC for Flores Visits (Forms A-4 &                20                1               15                5
 A-4s)......................................
Authorization for Release of Records (Form A-           4,000                1               15            1,000
 5).........................................
Notification of Concern (Form A-7)..........               60               75               15            1,125
Event (Form A-9)............................              276              160               10            7,360
Emergency Significant Incident Report and                 216               14               60            3,024
 Addendum (Form A-10A)......................
Significant Incident Report and Addendum                  216              491               60          106,056
 (Form A-10B)...............................
Sexual Abuse Significant Incident Report and              216               47               60           10,152
 Addendum (Form A-10C)......................
Program Level Event (Form A-10D)............              216                7               60            1,512
Key Personnel Minimum Qualifications                      235                9               10              353
 Checklist and Attestation (Form A-14)......
ORR Waiver Request (Form A-15)..............              235                2               20              157
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[[Page 53322]]

 
    Estimated Annual Burden Hours Total.....  ...............  ...............  ...............          130,777
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                                                 Record Keepers
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Care Provider Facility Tour Request (Form A-              216                1              120              432
 1A)........................................
Authorization for Release of Records (Form A-             216               19               20            1,368
 5).........................................
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    Estimated Annual Burden Hours Total.....  ...............  ...............  ...............            1,800
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    Authority: 6 U.S.C. 279; 8 U.S.C. 1232; Flores v. Reno Settlement 
Agreement, No. CV85-4544-RJK (C.D. Cal. 1996).

Mary B. Jones,
ACF/OPRE Certifying Officer.
[FR Doc. 2021-20918 Filed 9-24-21; 8:45 am]
BILLING CODE 4184-45-P