[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Notices]
[Pages 64487-64489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23316]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Expedited Office of Management and Budget Review and Public 
Comment; Proposed Information Collection Activity; Placement and 
Transfer of Unaccompanied Children Into Office of Refugee Resettlement 
Care Provider Facilities (OMB #0970-0554)

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

ACTION: Request for public comments.

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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 requesting expedited review of an information 
collection request from the Office of Management and Budget (OMB) and 
inviting public comments on the proposed collection. This request will 
allow the Unaccompanied Children (UC) Program to expand specific policy 
and procedural protections to category 2 sponsors, children who wish to 
challenge placement in restrictive settings, and children seeking 
access to legal counsel.

DATES: Comments due within 60 days of publication. In compliance with 
the requirements of the Paperwork Reduction Act (PRA) of 1995, ACF is 
soliciting public comment on the specific aspects of the information 
collection described above.

ADDRESSES: You can obtain copies of the proposed collection of 
information and submit comments by emailing [email protected]. 
Identify all requests by the title of the information collection.

SUPPLEMENTARY INFORMATION: Description: ACF is requesting emergency 
review and approval of this information collection by OMB, as 
authorized under 44 U.S.C. 3507 (subsection j). The proposed revisions 
to this information collection are necessary to allow the ORR UC 
Program to comply with a court order. The information collected is 
essential to the mission of the agency and an unanticipated event has 
occurred that could reasonably cause a court-ordered deadline to be 
missed if normal PRA clearance procedures are followed. On June 29, 
2018, Plaintiffs filed their Federal class action lawsuit in the 
Central District of California, western division, captioned Lucas R. et 
al v. Azar et al (Case No. CV 18-5741-DMG (PLAx)), asserting claims 
under the Flores consent decree, the Trafficking Victims Protection 
Reauthorization Act, the Due Process clause, and the First Amendment. 
Plaintiffs allege violation of UC rights in decisions regarding family 
reunification, placement in restrictive facilities, administration of 
psychotropic medication, and access to legal assistance. On August 30, 
2022, the Court issued a Preliminary Injunction in response to the 
Cross-Motions for Summary Judgement on the family reunification, 
restrictive placement, and legal services claims. As part of that 
injunction, ORR is obligated to expand specific policy and procedural 
protections to category 2 sponsors, children who wish to challenge 
placement in restrictive settings, and children seeking access to legal 
counsel by the time the Final Order takes effect. Those policy and 
procedural protections include specific changes regarding notification 
of rights and documentation of restrictive placement, both of which 
require a new instrument and revision to an existing instrument in this 
information collection. The Final Order takes effect on October 29, 
2022.

[[Page 64488]]

    ORR added a new instrument titled Notice of Administrative Review 
(Form P-18) that serves as written notice of receipt of a Placement 
Review Panel request and provides the UC with information on next steps 
to take when requesting a review and reconsideration of the UC's 
placement in a restrictive setting. The notice also requests that the 
UC and/or their representative provide a written statement and decision 
on whether they are requesting a hearing. If a hearing is requested, 
the UC and/or their representative are also asked to provide:
     The name, email address, and telephone number for the UC's 
attorney or child advocate.
     The UC's preferred language.
     Whether the UC will need an interpreter (of if the UC's 
representative will provide an interpreter).
     The names and email addresses for the witnesses the UC or 
their representative plan to call at the hearing.
     Whether the UC has any special needs.
    Additionally, ORR made the below-listed revisions to the Notice of 
Placement in a Restrictive Setting (Form P-4/4s/4d/4p). Many of the new 
fields in this form are also contained in the 30-Day Restrictive 
Placement Case Review (Form S-16), which is approved under OMB 0970-
0553. The below revisions effectively merge Forms P-4 and S-16 into one 
form. ORR plans to submit a nonsubstantive change request to 
discontinue Form S-16 soon.
     Reorganized the form into six main sections--UC 
Information, ORR's Determinations Related to Safety, Reasons for 
Restrictive Placement, Summary of Supporting Evidence for Restrictive 
Placement, Your Rights to Challenge Your Placement, and UC's 
Acknowledgement of Receipt.
     Added the following fields under the UC Information 
section:
    [cir] Preferred Language.
    [cir] Out-of-Network Facility Name.
    [cir] If applicable, explain the reasons that the UC is placed in 
an out-of-network facility.
    [cir] Date of Placement at Current Restrictive Facility.
    [cir] Date of Initial Notice of Placement.
    [cir] Date Next Notice of Placement is Due (within 30 days).
     Created the ORR's Determinations Related to Safety section 
and added the following checkboxes:
    [cir] UC presents a danger to self or community.
    [cir] UC poses a risk of escape.
     Revised the Reasons for Restrictive Placement section as 
follows:
    [cir] Under Secure Facility:
    [ssquf] Removed checkbox ``Have committed, threatened to commit, or 
engaged in serious, self-harming behavior that poses a danger to self 
while in ORR custody.''
    [ssquf] Revised the checkbox ``Have a history of or display sexual 
predatory behavior, or have inappropriate sexual behavior,'' to instead 
read ``Have committed sexual abuse, where there is coercion by overt or 
implied threats of violence against another person and/or there is an 
immediate danger to others.''
    [ssquf] Added checkbox ``Are pending transfer of discharge/release 
to:''
    [cir] Under Residential Treatment Center:
    [ssquf] Added checkbox ``Are pending transfer of discharge/release 
to:''
    [cir] Under Staff Secure Facility:
    [ssquf] Replaced checkbox ``Could be stepped down from a secure 
facility'' with ``Are pending transfer of discharge/release to:''
     Under Summary of Supporting Evidence for Restrictive 
Placement:
    [cir] Split text box into three separate text boxes, one each for 
the case manager, case coordinator, and Federal field specialist.
    [cir] Added fields for case manager, case coordinator, and Federal 
field specialist names and their overall recommendations.
     Added additional information on how UC may request to 
change their placement in a restrictive setting under the Your Rights 
to Challenge Your Placement section.
     Added a field for the name and title of the care provider/
issuing official.
     Added fields for the language used to explain the form to 
the UC, the name of the person who explained the form, and their 
interpreter ID#, if applicable.
    For information about all currently approved forms under this OMB 
number, see: https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202110-0970-001.
    Respondents: ORR grantee and contractor staff; UC; and other 
Federal agencies.
    Annual Burden Estimates:

    Note:  These burden estimates include burden related to the 
revisions described above and currently approved forms for which we 
are not proposing any changes.


                                     Estimated Burden Hours for Respondents
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                                                                   Annual number  Average burden
          Information collection title             Annual number   of responses      hours per     Annual total
                                                  of respondents  per respondent     response      burden hours
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Placement Authorization (Form P-1)..............             262             536            0.08          11,235
Authorization for Medical, Dental, and Mental                262             536            0.08          11,235
 Health Care (Form P-2).........................
Notice of Placement in a Restrictive Setting                  15             114            0.33             564
 (Form P-4/4s)..................................
Long Term Foster Care Placement Memo (Form P-5).              35               6            0.25              53
UC Referral (Form P-7)..........................              25           4,909            1.00         122,725
Care Provider Checklist for Transfers to Influx              262              19            0.25           1,245
 Care Facilities (Form P-8).....................
Medical Checklist for Transfers (Form P-9A).....             262              49            0.08           1,027
Medical Checklist for Influx Transfers (Form P-              262              96            0.17           4,276
 9B)............................................
Transfer Request (Form P-10A)...................             262              67            0.42           7,373
Transfer Request (Form P-10A)...................             275              67            0.33           6,080
Influx Transfer Request (Form P-10B)............             262              96            0.42          10,564
Transfer Summary and Tracking (Form P-11).......             262              67            0.17           2,984
Program Entity (Form P-12)......................             262              12            0.50           1,572
UC Profile (Form P-13)..........................             262             468            0.75          91,962
ORR Transfer Notification--ORR Notification to               262              67            0.17           2,984
 Immigration and Customs Enforcement Chief
 Counsel of Transfer of UC and Request to Change
 Address/Venue (Form P-14)......................
Family Group Entity (Form P-15).................              25             120            0.08             240
Influx Transfer Manifest (Form P-16)............               3              12            0.33              12
Influx Transfer Manual and Prescreen Criteria                262          56,213            0.50       7,363,903
 Review (Form P-17).............................

[[Page 64489]]

 
Notice of Administrative Review (Form P-18).....             200               1            0.83             166
                                                 ---------------------------------------------------------------
    Estimated Annual Burden Hours Total:........  ..............  ..............  ..............       7,640,200
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    Comments: The Department specifically requests comments on (a) 
whether the proposed collection of information is necessary for the 
proper performance of the functions of the agency, including whether 
the information shall have practical utility; (b) the accuracy of the 
agency's estimate of the burden of the proposed collection of 
information; (c) the quality, utility, and clarity of the information 
to be collected; and (d) ways to minimize the burden of the collection 
of information on respondents, including through the use of automated 
collection techniques or other forms of information technology. 
Consideration will be given to comments and suggestions submitted 
within 60 days of this publication.
    Authority: 6 U.S.C. 279; 8 U.S.C. 1232; Flores v. Reno Settlement 
Agreement, No. CV85-4544-RJK (C.D. Cal. 1996); 45 CFR part 411; Lucas 
R. et al v. Azar et al (Case No. CV 18-5741-DMG (PLAx)) Preliminary 
Injunction.

Mary B. Jones,
ACF/OPRE Certifying Officer.
[FR Doc. 2022-23316 Filed 10-24-22; 8:45 am]
BILLING CODE 4184-45-P