[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Notices]
[Pages 40485-40486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10188]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Submission for Office of Management and Budget Review; 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 requesting approval from the Office of Management 
and Budget (OMB) and inviting public comments on the proposed 
information 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

[[Page 40486]]

will serve as due process protections for children in ORR care.

DATES: Comments due within 30 days of publication. OMB is required to 
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 plans to create a new information collection 
containing five instruments in order to implement the new 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 has adjudicated public comments received and has announced its 
intention to publish the Final Rule on April 30th, 2024; the Final Rule 
will take effect 60 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 
unaccompanied children placed in a restrictive setting (heightened 
supervision facilities and residential treatment center facilities) 
upon a finding by ORR that a child would present a danger to the 
community if released, and to unaccompanied children placed in other 
types of facilities upon request. They will be translated into Spanish 
and other languages, as needed.
     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.
     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 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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                                                                   Total number   Average burden
                   Instrument                      Annual number   of responses      hours per     Annual total
                                                  of respondents  per respondent     response      burden hours
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Request for Risk Determination Hearing (Form RDH-            250               1            0.17            42.5
 1).............................................
Risk Determination Hearing Opt-Out (Form RDH-2).             250               1            0.17            42.5
Appointment of Representative for Risk                      1000               1            0.17             170
 Determination Hearing (Form RDH-3).............
Risk Determination Hearing Transcript Request                 16               1            0.17             2.7
 (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: 258.2.
    Authority: 6 U.S.C. 279; 8 U.S.C. 1232

Mary C. Jones,
ACF/OPRE Certifying Officer.
[FR Doc. 2024-10188 Filed 5-9-24; 8:45 am]
BILLING CODE 4184-45-P