[Federal Register Volume 88, Number 82 (Friday, April 28, 2023)]
[Notices]
[Pages 26314-26316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09048]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

[OMB No. 0970-0554]


Submission for Office of Management and Budget (OMB) Review; 
Placement and Transfer of Unaccompanied Children Into Office of Refugee 
Resettlement Care Provider Facilities

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 inviting public comments on the proposed information 
collection. This request is to extend approval of all forms currently 
approved under OMB #: 0970-0554. This includes two forms that were 
recently approved through emergency approval in October 2022. These 
forms expand specific

[[Page 26315]]

policy and procedural protections to category 2 sponsors, children who 
wish to challenge placement in restrictive settings, and children 
seeking access to legal counsel. This request also seeks approval for 
revisions to a form that will ensure that UC are placed in foster homes 
that meet their individual needs and ensure continuity of services.

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. You can 
also obtain copies of the proposed collection of information by 
emailing [email protected]. Identify all emailed requests by 
the title of the information collection.

SUPPLEMENTARY INFORMATION: 
    Description: ORR is seeking to continue data collection for the 
with all forms approved under OMB #: 0970-0554, including the below-
described revisions that were recently approved under emergency 
approval for six months, additional revisions to Form P-4, and 
revisions currently requested to Form P-5.

Revisions Approved Under Emergency Approval

    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). 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 a 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.

Currently Proposed Revisions

    ORR is proposing the following additional revision to the Notice of 
Placement in a Restrictive Setting (Form P-4):
     Replace the abbreviation UC with ``unaccompanied child'' 
or ``child'' throughout the form.
     Under Section C, rephrase instructions to read ``Check all 
reasons that apply for the current placement recommendation only'' 
(instead of ``For each type of placement, check all reasons that apply 
for that placement only'').
     Under Section D, remove phrase ``specific incidents 
related to'' from ``Provide a detailed summary of specific incidents 
related to the reason(s) for restrictive placement you selected above'' 
to avoid any accidental conflation with Significant Incident Report 
(SIR) forms.
     Under Section E, clarify that the right to consult an 
attorney is at no cost to the federal government, as stated in the 
Lucas R. Preliminary Injunction.
     Under Section F, clarify that there is no positive or 
negative inference from a child's decision not to sign the form.
    ORR is proposing the following revisions to its Long-Term Foster 
Care Placement Memo (Form P-5):
     Change the title to ``Community-Based Care Placement 
Memo'' and update the term ``long-term foster care'' to ``community-
based care'' throughout the memo. This term is more in line with 
terminology currently used in domestic child welfare programs and will 
be inclusive of ORR long-term foster care and transitional foster care 
programs.
     Increase the number of respondents and number of responses 
per

[[Page 26316]]

respondent to include transitional foster care programs (in addition to 
long-term foster care programs).
     Update instructions on which fields are completed for 
initial placements and which are completed for transfers within the 
community-based care program.
     Added citation to related policies in the instructions.
     Reword some fields and instructions for clarity.
     Add field to capture the facility name for children placed 
in an out-of-network community-based care program.
     Separate fields that capture contact information for the 
foster family or group home into separate subsections and expand the 
fields to capture additional contact information (e.g., phone or email) 
in addition to name and address.
    For information about all currently approved forms under this OMB 
number, see: https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202210-0970-008.
    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).....................................
Community-Based Care Placement Memo (Form P-5)..             110             337            0.25           9,268
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).............................
Notice of Administrative Review (Form P-18).....             200               1            0.83             166
                                                 ---------------------------------------------------------------
    Estimated Annual Burden Hours Total.........  ..............  ..............  ..............       7,649,415
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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); 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. 2023-09048 Filed 4-27-23; 8:45 am]
BILLING CODE 4184-45-P