[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Notices]
[Pages 16986-16989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05756]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Proposed Information Collection Activity; Monitoring and 
Compliance for Office of Refugee Resettlement Care Provider Facilities 
(Office of Management and Budget #: 0970-0564)

AGENCY: Office of Refugee Resettlement; Administration for Children and 
Families; 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 inviting public comments on revisions to an approved 
information collection. The request will allow the Unaccompanied 
Children (UC) Program to enhance monitoring efforts at staff secure and 
long-term group home providers and influx care facilities that are not 
licensed by the state, as well as continue standard monitoring 
activities that ensure care provider facilities are in compliance with 
Federal and State laws and regulations, licensing and accreditation 
standards, ORR policies and procedures, and child welfare standards.

DATES: Comments due within 60 days of publication. In compliance with 
the requirements of section 3506(c)(2)(A) of the Paperwork Reduction 
Act of 1995, the Administration for Children and Families is soliciting 
public comment on the specific aspects of the information collection 
described above.

ADDRESSES: Copies of the proposed collection of information can be 
obtained and comments may be forwarded by emailing 
[email protected]. Identify all requests by the title of the 
information collection.

SUPPLEMENTARY INFORMATION: Description: ORR is proposing the following 
revisions to this information collection for the purpose of 
establishing quarterly health and safety monitoring visits for 
facilities located in states that are unwilling to license programs 
provider care to UC. ORR previously published a notice requesting 
public comment on unlicensed facility monitoring tools for other levels 
of care, which were recently approved through emergency approval for a 
period of 180 days. This request is specific to staff secure and long-
term group home providers and influx care facilities.
    1. Added the following forms specific to staff secure and long-term 
group home facilities that were previously approved by OMB but were 
removed from the information collection due to the number of 
respondents. Note that ORR uses long-term foster care (LTFC) monitoring 
tools for both LTFC and long-term group home facilities; ORR does not 
operate unlicensed LTFC programs.

 Unlicensed Facility LTFC Monitoring Notes (Form M-6C-UF)
 Unlicensed Facility LTFC UC Case File Checklist (Form M-8B-UF)
 Unlicensed Facility Staff Secure Addendum to Case File 
Checklist (Form M-8D-UF)
 Unlicensed Facility Foster Home Onsite Monitoring Checklist 
(M-9B-UF)

    2. Added the below-listed alternate version of a form that was 
previously approved by OMB but was removed from the information 
collection due to the number of respondents. Differences between the 
previously approve version and the alternate version are noted below.
     ICF Monitoring Notes (Form M-6E)
    [cir] Instructs monitors to review the facility's contract and 
statement of work (as opposed to the grant application and cooperative 
agreement) to reflect the funding method used for ICFs
    [cir] Removes the following sections that are specific to grants.
    [ssquf] Fiscal year budget.
    [ssquf] Key positions approved by the Project Officer
    [cir] Instructs monitors to review Serious Incident Reports (SIRs) 
from the past three months (as opposed to six months for shelters). 
This revision does not represent a reduction in SIR review, rather it 
reflects the ongoing SIR review process that occurs for ICFs. Monitors 
are performing site visits within the first three months of an ICR 
opening, which means that there would only be three months' worth of 
SIRs available during the initial site visit. Thereafter, three months 
will cover review of all SIRs since the last site visit. For example, 
if an ICF opened at the start of January, the initial site visit would 
occur by the end of March and SIRs generated from January through March 
would be reviewed. The next site visit would then occur at the end of 
June and during that visit SIRs generated April through June would be 
review. There would be no need to review six months' worth of SIRs at 
that time because the SIRs generated January through March would have 
already been reviewed. This pattern of quarterly reviews would continue 
while the ICF is operational.
    [cir] Reworded questions under the staffing plan section to be more 
specific to contracts.
    [cir] Added instruction for monitors to ensure that the facility is 
following their supervision plan (as reported in the ICF Site Visit 
Guide) for any staff whose background checks are still pending.
    [cir] Removed questions on state licensing.
    [cir] Removed section on mosquito control inspections. These 
inspections were originally established to address concerns with the 
Zika virus and are no longer performed.
    3. Added the below-listed alternate versions of forms already 
approved under this information collection. Differences between the 
already approved versions and the alternate versions are as noted 
below.
     ICF Monitoring Site Visit Guide (Form M-7G)--Revisions 
were made to develop a more in-depth guide to reflect the size and 
complexity of influx sites. ORR plans to pilot this revised guide at 
ICFs and later decide on whether some or all of these revisions should 
be made to site visit guides for other levels of care. ORR will seek 
OMB approval for any future revision to other versions of the site 
visit guide.
    [cir] Reorganized and grouped questions under different sections, 
as well as rewording questions and instructions for clarity.
    [cir] Added text boxes and tables to make clear where the ICF 
should enter information.
    [cir] Added areas for the ICF to provide a brief overview of their 
site operations and list of subcontractors and their respective scopes 
of work.
    [cir] Expanded the list of facility points of contact requested.
    [cir] Added areas for the ICF to share any innovative and/or best 
practices implemented at the site and for the ICF

[[Page 16987]]

to describe know deficiencies and/or areas for improvement.
    [cir] Added a table in the stakeholders section to prompt the ICF 
to provide more detail information about the frequency and type of 
collaboration as well as areas in need of improvement.
    [cir] Expanded section on personnel to include questions about 
personnel evaluation practices, whistleblower policies, and significant 
staffing changes, vacancies, deficiencies, and/or barriers to personnel 
capacity.
    [cir] In addition to providing copies of internal procedures, ICFs 
are asked to document information about the personnel responsible for 
internal reviews, protocols for responding to noncompliance, and how 
the ICF protects child privacy and confidentiality.
    [cir] Expands the question asking for the program's video 
monitoring policies and procedures to include all perimeter and 
internal security mechanisms.
    [cir] In addition to providing copies of emergency and evacuation 
plans, programs are asked to describe related procedures and provide 
information on emergency drills and after-action reviews.
    [cir] Added area for programs to describe their safety inspection 
practices and related drills, as well as an area to note concerns/
deficiencies related to safety and security.
    [cir] Added questions on the program's procedures for staffing 
cases, case status updates, and how case managers coordinate with other 
discipline (e.g., clinical).
    [cir] Split the question asking for the programs discharge 
procedures into several questions that prompt the program to 
specifically provide information about their procedures for transfers, 
age redetermination cases, and managing age outs.
    [cir] Added question that requests the program's procedures on 
facilitating visits among children in care.
    [cir] Added question asking the program to note any complex or 
especially vulnerable cases that required specialized service 
coordination.
    [cir] Added question asking the program to note any concerns/
deficiencies related to case management.
    [cir] Added new section on child supervision that asks for 
program's procedures on supervision plans and direct care staffing 
ratios, determining room/bed assignments, accurately monitoring the 
location of the child, and behavior management.
    [cir] Expanded the section that asks for a description of ancillary 
services to include recreational/leisure, religious, languages access, 
and phone call, visitation, and mail services (in addition to education 
and transportation).
    [cir] In addition to requesting copies of nutritional services 
procedures, adds a section for programs to describe these services. 
This includes food storage and safety protocols, how child dietary 
needs are meet, how cultural and religious preferences are meet, and 
any concerns/deficiencies.
    [cir] Expands the medical services section to add questions asking 
the program to describe their medical intakes procedures, onsite 
medical services, medication administration protocols, medical records 
system, the process for referring a child for offsite medical services, 
and vaccination procurement and administration protocols.
    [cir] Expands the mental health services section to add questions 
asking the program to describe their mental health intake procedures 
and onsite mental health services.
    [cir] In addition to requesting copies of prevention of sexual 
abuse procedures and related materials, asks the program to describe 
several specific aspects of their procedures.
    [cir] Breaks the general question asking the program to describe 
their SIR procedures into several more specific questions on who the 
responsible parties are for submitting reports, follow-up/addendums, 
and notification/coordination with external entities.
    [cir] Adds a new question asking the program how long it took to 
complete the form.
     ICF Personnel File Checklist (Form M-10E)--No differences. 
The ICF and standard shelter versions are identical.
    For information about all currently approved forms under this OMB 
number, see: https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202211-0970-002.
    Respondents: ORR grantee and contractor staff; UC; and other 
Federal agencies.

Annual Burden Estimates

    Note: These burden estimates include burdens 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
                                                  Annual  number   of  responses      Average      Annual  total
          Information collection title                  of              per        burden  hours   burden  hours
                                                    respondents     respondent     per  response
----------------------------------------------------------------------------------------------------------------
Corrective Action Report (Form M-1).............             262             0.4            5.00          524.00
FFS Compliance and Safety Site Visit Report                  262            12.0            1.00        3,144.00
 (Form M-3A)....................................
Out-of-Network Site Visit Report (Form M-3B)....              24             5.0            1.00          120.00
Checklist for a Child-Friendly Environment (Form             262            12.0            0.25          786.00
 M-4)...........................................
Incident Reviews (Forms M-5A to M-5B)...........             262             0.3            1.50          117.90
Site Visit and Remote Monitoring Site Visit                  114             1.0           13.00        1,482.00
 Guides (Forms M-7A to M-7B)....................
LTFC Site Visit and LTFC Remote Monitoring Site               18             1.0            6.00          108.00
 Visit Guides (Forms M-7C to M-7D)..............
Home Study and Post-Release Services Site Visit               30             1.0            6.00          180.00
 Guide (Form M-7E)..............................
Voluntary Agency Site Visit Guide (Form M-7F)...               5             1.0            8.00           40.00
ICF Monitoring Site Visit Guide (Form M-7G).....               3             1.0           15.00           45.00
Unlicensed Facility Site Visit Guide (Form M-7A-              56             4.0            1.00          224.00
 UF)............................................
Unlicensed Facility UC Case File Checklist (Form              56            20.0            1.00        1,120.00
 M-8A-UF).......................................
Unlicensed Facility LTFC UC Case File Checklist                1            20.0            1.00           20.00
 (Form M-8B-UF).................................
Unlicensed Facility Staff Secure Addendum to                   2            20.0            1.00           40.00
 Case File Checklist (Form M-8D-UF).............
Program Staff Questionnaires (Forms M-11A to M-              917             1.0            1.00          917.00
 11K)...........................................
Secure Detention Officer Questionnaire (Form M-                1             1.0            1.00            1.00
 11L)...........................................
Long Term Foster Care Home Finder Questionnaire               18             1.0            1.00           18.00
 (Form M-11M)...................................
Long Term Foster Care Independent Living Life                 18             1.0            1.00           18.00
 Skills Staff Questionnaire (Form M-11N)........

[[Page 16988]]

 
Long Term Foster Care Foster Parent                           35             1.0            0.75           26.25
 Questionnaire (form M-11O).....................
Interpreter Questionnaire (Form M-11P)..........             115             2.0            0.50          115.00
Unlicensed Facility Program Staff Questionnaires              56            32.0            1.00        1,792.00
 (Forms M-11A-UF to M-11K-UF)...................
Unlicensed Facility Interpreter Questionnaire                 56             4.0            0.50          112.00
 (Form M-11P-UF)................................
UC Questionnaires (Forms M-12A to M-12B & M-12E)             563             1.0            0.50          281.50
Long Term Foster Care Client Questionnaire (M-                88             1.0            0.50           44.00
 12C)...........................................
Secure Client Questionnaire (Form M-12D)........               5             1.0            0.50            2.50
Unlicensed Facility UC Questionnaires (Forms M-            1,120             1.0            0.50          560.00
 12A-UF to M-12B-UF & M-12E-UF).................
Home Study and Post-Release Services Director                 30             1.0            1.00           30.00
 Questionnaire (Form M-13A).....................
Home Study and Post-Release Services Caseworker               90             1.0            1.00           90.00
 Questionnaire (Form M-13B).....................
Legal Service Provider Questionnaire (Form M-                114             1.0            1.00          114.00
 13C)...........................................
Long Term Foster Care Legal Service Provider                  18             1.0            0.75           13.50
 Questionnaire (Form M-13D).....................
Case Coordinator Questionnaire (Form M-13E).....             131             1.0            1.00          131.00
Unlicensed Facility Legal Service Provider                   224             1.0            1.00          224.00
 Questionnaire (Form M-13C-UF)..................
Unlicensed Facility Case Coordinator                         224             1.0            1.00          224.00
 Questionnaire (Form M-13E-UF)..................
Preaudit Questionnaire and Audit Documentation                78             1.0            4.00          312.00
 Requested Checklist (Form M-17A)...............
Instructions for Site Visit and Facility Tour                 78             1.0            2.00          156.00
 (Form M-17B)...................................
Interview Guide: Random Sample of Staff                      312             1.0            1.00          312.00
 Interview (Form M-17C).........................
Interview Guide: Program Director (Form M-17D)..              78             1.0            1.00           78.00
Interview Guide: PSA Compliance Manager (Form M-              78             1.0            1.00           78.00
 17E)...........................................
Interview Guide: Specialized Staff (Form M-17F).             156             1.0            1.00          156.00
Interview Guide: Unaccompanied Child (Form M-                780             1.0            0.50          390.00
 17G)...........................................
PSA Audit Corrective Action Report (Form M-17H).              78             1.0            1.00           78.00
                                                 ---------------------------------------------------------------
    Estimated Annual Burden Hours Total.........  ..............  ..............  ..............       14,224.65
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                        Estimated Burden Hours for Contractor Interim Final Rule Auditors
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                                                                  Annual  number
                                                  Annual  number   of  responses      Average      Annual  total
          Information collection title                  of              per        burden  hours   burden  hours
                                                    respondents     respondent     per  response
----------------------------------------------------------------------------------------------------------------
Preaudit Questionnaire and Audit Documentation                 8            48.0            3.00        1,152.00
 Requested Checklist (Form M-17A)...............
Instructions for Site Visit and Facility Tour                  8            48.0            1.00          384.00
 (Form M-17B)...................................
Interview Guide: Random Sample of Staff                        8            48.0            1.00          384.00
 Interview (Form M-17C).........................
Interview Guide: Program Director (Form M-17D)..               8            48.0            1.00          384.00
Interview Guide: PSA Compliance Manager (Form M-               8            48.0            1.00          384.00
 17E)...........................................
Interview Guide: Specialized Staff (Form M-17F).               8            48.0            1.00          384.00
Interview Guide: Unaccompanied Child (Form M-                  8            48.0            0.50          192.00
 17G)...........................................
PSA Audit Corrective Action Report (Form M-17H).               8            48.0            2.00          768.00
                                                 ---------------------------------------------------------------
    Estimated Annual Burden Hours Total:........  ..............  ..............  ..............        4,032.00
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                      Estimated Burden Hours For Contractor Monitors--Unlicensed Facilities
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                                                                  Annual  number
                                                  Annual  number   of  responses      Average      Annual  total
          Information collection title                  of              per        burden  hours   burden  hours
                                                    respondents     respondent     per  response
----------------------------------------------------------------------------------------------------------------
Unlicensed Facility Monitoring Notes (Form M-6A-              18            12.0           12.00        2,592.00
 UF)............................................
Unlicensed Facility LTFC Monitoring Notes (Form               18             0.2           12.00           43.20
 M-6C-UF).......................................
ICF Monitoring Notes (Form M-6E-UF).............              18             0.7           12.00          151.20
Unlicensed Facility Site Visit Guide (Form M-7A-              18            12.0           29.00        6,264.00
 UF)............................................
ICF Monitoring Site Visit Guide (Form M-7G).....              18             0.7           29.00          365.40
Unlicensed Facility UC Case File Checklist (Form              18            62.0            6.00        6,696.00
 M-8A-UF).......................................
Unlicensed Facility LTFC UC Case File Checklist               18             1.0            6.00          108.00
 (Form M-8B-UF).................................
Unlicensed Facility Staff Secure Addendum to                  18             2.0            6.00          216.00
 Case File Checklist (Form M-8D-UF).............

[[Page 16989]]

 
Unlicensed Facility Onsite Monitoring Checklist               18            12.0            4.00          864.00
 (Form M-9A-UF).................................
Unlicensed Facility Foster Home Onsite                        18             0.4            4.00           28.80
 Monitoring Checklist (M-9B-UF).................
Unlicensed Facility Personnel File Checklist                  18            50.0            1.00          900.00
 (Form M-10A-UF)................................
ICF Personnel File Checklist (Form M-10E).......              18             3.0            1.00           54.00
Unlicensed Facility Program Staff Questionnaires              18           100.0            1.00        1,800.00
 (Forms M-11A-UF to M-11K-UF)...................
Unlicensed Facility Interpreter Questionnaire                 18            12.0            0.50          108.00
 (Form M-11P-UF)................................
Unlicensed Facility UC Questionnaires (Forms M-               18            62.0            0.50          558.00
 12A-UF to M-12B-UF & M-12E-UF).................
Unlicensed Facility Legal Service Provider                    18            12.0            0.75          162.00
 Questionnaire (Form M-13C-UF)..................
Unlicensed Facility Case Coordinator                          18            12.0            1.00          216.00
 Questionnaire (Form M-13E-UF)..................
                                                 ---------------------------------------------------------------
    Estimated Annual Burden Hours Total:........  ..............  ..............  ..............       21,126.60
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           Estimated Burden Hours for Contractor Monitors--Previously Approved for Licensed Facilities
----------------------------------------------------------------------------------------------------------------
                                                                  Annual  number
                                                  Annual  number   of  responses      Average      Annual  total
          Information collection title                  of              per        burden  hours   burden  hours
                                                    respondents     respondent     per  response
----------------------------------------------------------------------------------------------------------------
Corrective Action Report (Form M-1).............               4            25.0           22.00        2,200.00
Site Visit and Remote Monitoring Site Visit                    4             7.0           29.00          812.00
 Guides (Forms M-7A to M-7B)....................
LTFC Site Visit and LTFC Remote Monitoring Site                4             1.0           21.00           84.00
 Visit Guides (Forms M-7C to M-7D)..............
Home Study and Post-Release Services Site Visit                4             2.0           21.00          168.00
 Guide (Form M-7E)..............................
Voluntary Agency Site Visit Guide (Form M-7F)...               4             0.4           28.00           44.80
Personnel File Checklist (Form M-10A)...........               4            31.0            1.00          124.00
Supplement to Personnel File Checklist (Form M-                4            54.0            1.00          216.00
 10B)...........................................
Home Study and Post-Release Services Personnel                 4             6.0            1.00           24.00
 File Checklist (Form M-10C)....................
Long Term Foster Care Foster Parent Checklist                  4             2.0            0.50            4.00
 (Form M-10D)...................................
Program Staff Questionnaires (Forms M-11A to M-                4            54.0            1.00          216.00
 11K)...........................................
Secure Detention Officer Questionnaire (Form M-                4             0.1            1.00            0.40
 11L)...........................................
Long Term Foster Care Home Finder Questionnaire                4             1.0            1.00            4.00
 (Form M-11M)...................................
Long Term Foster Care Independent Living Life                  4             1.0            1.00            4.00
 Skills Staff Questionnaire (Form M-11N)........
Long Term Foster Care Foster Parent                            4             2.0            0.75            6.00
 Questionnaire (form M-11O).....................
UC Questionnaires (Forms M-12A to M-12B & M-12E)               4            33.0            0.50           66.00
Long Term Foster Care Client Questionnaire (M-                 4             5.0            0.50           10.00
 12C)...........................................
Secure Client Questionnaire (Form M-12D)........               4             0.4            0.50            0.80
Home Study and Post-Release Services Director                  4             2.0            0.50            4.00
 Questionnaire (Form M-13A).....................
Home Study and Post-Release Services Caseworker                4             6.0            1.00           24.00
 Questionnaire (Form M-13B).....................
Legal Service Provider Questionnaire (Form M-                  4             7.0            1.00           28.00
 13C)...........................................
Long Term Foster Care Legal Service Provider                   4             1.0            0.75            3.00
 Questionnaire (Form M-13D).....................
Case Coordinator Questionnaire (Form M-13E).....               4             8.0            1.00           32.00
Monitoring Visit (Form M-14)....................               4             8.0            0.50           16.00
Monitoring Schedule (Form M-15).................               4             0.3            0.30            0.36
                                                 ---------------------------------------------------------------
    Estimated Annual Burden Hours Total:........  ..............  ..............  ..............        4,091.36
----------------------------------------------------------------------------------------------------------------

    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).

John M. Sweet, Jr.
ACF/OPRE Certifying Officer.
[FR Doc. 2023-05756 Filed 3-20-23; 8:45 am]
BILLING CODE 4184-45-P