[Federal Register Volume 89, Number 31 (Wednesday, February 14, 2024)]
[Notices]
[Pages 11283-11284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03018]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Proposed Information Collection Activity: Risk Determination 
Hearings for Unaccompanied Children (New Collection)

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 collection. 
The request consists of several forms that will allow the Unaccompanied 
Children (UC) Program to implement a new set of hearings (``Risk 
Determination Hearings''), which will serve as due process protections 
for children in ORR care.

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

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: ORR plans to create a new information collection 
containing five instruments in order to implement risk determination 
hearings for unaccompanied children. This new information collection 
will replace the Flores bond hearing process. The new instruments will 
not take effect until the underlying regulations at 45 CFR part 410 on 
which they are based take effect. The UC Program issued a notice of 
proposed rulemaking in October 2023, which aims to adopt and replace 
regulations relating to key aspects of the placement, care, and 
services provided to unaccompanied children referred to ORR. The UC 
Program is currently adjudicating public comments received and 
preparing to publish the Final Rule in the second quarter of calendar 
year 2024; the Final Rule will take effect 30 days after publishing.

Risk Determination Hearing Forms

    These forms are provided to unaccompanied children placed in ORR 
custody by their case manager or by individuals associated with the HHS 
Departmental Appeals Board (DAB), which is responsible for the actual 
day-to-day logistical operations of these hearings. These instruments 
are provided to all unaccompanied children placed in a restrictive 
setting (i.e., secure facilities [including residential treatment 
facilities] and heightened supervision facilities), and to 
unaccompanied children placed in other types of facilities upon 
request. They will be translated into Spanish and other languages, as 
necessary.
     Request for Risk Determination Hearing (Form RDH-1): The 
unaccompanied child, the child's parent/legal guardian, or the child's 
representative may use this instrument to request a Risk Determination 
hearing. Children in heightened security placements who initially waive 
a hearing may use this form to later request a hearing; the form may 
also be used by children in non-restrictive settings to request a 
hearing.
     Risk Determination Hearing Opt-Out (Form RDH-2): The 
unaccompanied child or the child's representative may use this 
instrument to opt out of a Risk Determination hearing.
     Appointment of Representation for Risk Determination 
hearing (Form RDH-3): The unaccompanied child or the child's parent/
legal guardian may use this instrument to appoint a representative to 
act on the child's behalf throughout the Risk Determination hearing 
process and consent to the release of any records that are related to 
the child's case to that representative.
     Risk Determination Hearing Transcript Request (Form RDH-
4): The unaccompanied child, the child's parent/legal guardian, or the 
child's representative may use this instrument to request a written 
transcript of the Risk Determination hearing.
     Request for Appeal of Risk Determination Hearing (Form 
RDH-5): The unaccompanied child, the child's parent/legal guardian, or 
the child's representative may use this instrument to appeal the 
decision of the hearing officer.
    Once the new risk determination hearing forms are in effect, the UC 
Program will prepare a non-substantive change request to the Office of 
Management and Budget (OMB) to discontinue the use of three instruments 
currently approved under the Legal Services for Unaccompanied Children 
information collection (OMB# 0970-0565). The forms to be replaced by 
the Risk Determination Hearing forms described above include the 
following:

 Request for a Flores Bond Hearing (Form LRG-7)
 Motion Requesting a Bond Hearing--Secure or Staff Secure (Form 
LRG-8A)
 Motion Requesting a Bond Hearing--Non-Secure (Form LRG-8B)

    Respondents: ORR grantee and contractor staff, unaccompanied 
children, parents/legal guardians of unaccompanied children, attorneys 
of record, and legal service providers.

                                             Annual Burden Estimates
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                                                                   Annual total
                                                   Annual total      number of        Average      Annual total
                   Instrument                        number of     responses per   burden hours    burden hours
                                                    respondents     respondent     per response
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Request for Risk Determination Hearing (Form RDH-            435               1            0.17            72.5
 1).............................................
Risk Determination Hearing Opt-Out (Form RDH-2).             435               1            0.17            72.5

[[Page 11284]]

 
Appointment of Representative for Risk                      1740               1            0.17             290
 Determination Hearing (Form RDH-3).............
Risk Determination Hearing Transcript Request                 16               1            0.17               3
 (Form RDH-4)...................................
Request for Appeal of Risk Determination Hearing               3               1            0.17              .5
 (Form RDH-5)...................................
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    Estimated Total Annual Burden Hours: 438.5
    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

Mary C. Jones,
ACF/OPRE Certifying Officer.
[FR Doc. 2024-03018 Filed 2-9-24; 4:15 pm]
BILLING CODE 4184-45-P