[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Rules and Regulations]
[Pages 53359-53361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13560]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 410

[Docket #2024-08329]
RIN 0970-AC93


Unaccompanied Children Program Foundational Rule; Correction

AGENCY: Office of Refugee Resettlement (ORR), Administration for 
Children and Families (ACF), U.S. Department of Health and Human 
Services (HHS).

ACTION: Final rule; correction.

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SUMMARY: The ORR is correcting a final rule that appeared in the 
Federal Register on April 30, 2024. The final rule adopted and replaced 
regulations relating to key aspects of the placement, care, and 
services provided to unaccompanied children referred to the ORR, 
pursuant to ORR's responsibilities for coordinating and implementing 
the care and placement of unaccompanied children who are in Federal 
custody by reason of their immigration status under the Homeland 
Security Act of 2002 (HSA) and the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (TVPRA). The final rule 
established a foundation for the Unaccompanied Children Bureau Program 
(UC Bureau Program) that is consistent with ORR's statutory duties, for 
the benefit of unaccompanied children and to enhance public 
transparency as to the policies governing the operation of the UC 
Bureau.

DATES: Effective July 1, 2024.

FOR FURTHER INFORMATION CONTACT: Toby Biswas, Director of Policy, 
Unaccompanied Children Bureau Program, Office of Refugee Resettlement, 
Administration for Children and Families, Department of Health and 
Human Services, Washington, DC, (202) 205-4440 or [email protected].

SUPPLEMENTARY INFORMATION: In the final rule published April 30, 2024 
(89 FR 34384), there were a number of technical errors that are 
identified and corrected in this document. The provisions in this 
correction document are effective as if they had been included in the 
document published April 30, 2024. Accordingly, the following 
corrections are effective July 1, 2024.
    In FR Doc. 2024-08329, appearing on page 34384 in the Federal 
Register of

[[Page 53360]]

Tuesday, April 30, 2024, the following corrections are made:

Corrections to Preamble

    1. On page 34407, in the third column, above the heading ``Section 
410.1102 Care Provider Facility Types'', add a paragraph to read ``ORR 
also made technical revisions to Sec.  410.1101(e) to replace `takes' 
with `shall take' and to delete the word `begin'.''
    2. On page 34408, in the third column, in the third full paragraph, 
the phrase ``Currently, under existing policy, a child is a candidate 
for long-term home care if the child is expected to have a protracted 
stay in ORR and is under the age of 17 and 6 months at the time of 
placement'' is corrected to read, ``Currently, under existing policy, a 
child is a candidate for long-term home care if the child is expected 
to have a protracted stay in ORR care and is under the age of 17 years 
and 6 months at the time of placement''.
    3. On page 34419, in the first column, in the top paragraph 
continuing from the previous page, the sentence ``Further, as discussed 
in section III.B.3 of the proposed rule and this final rule, the 2019 
Final Rule is currently subject to an injunction.'' is corrected to 
read ``Further, as discussed in section IV.B.3 of the proposed rule and 
section III.B.3 of this final rule, the 2019 Final Rule is currently 
subject to an injunction.''
    4. On page 34419, in the second column, in the first full 
paragraph, the third sentence ``Thus, as noted in the NPRM, ORR exceeds 
the statutory requirement by requiring at Sec.  410.1103(d), consistent 
with its existing policy, that all restrictive placements be reviewed 
at least every 30 days to determine whether a new level of care is 
appropriate (88 FR 68998).'' is corrected to read, ``Thus, as noted in 
the NPRM, ORR exceeds the statutory requirement by requiring at Sec.  
410.1103(d), consistent with its existing policy, that all restrictive 
placements be reviewed at least every 30 days to determine whether a 
new level of care is appropriate (88 FR 68921).''.
    5. On page 34421, in the third column, the last sentence of the 
continuing paragraph, ``These exceptions are consistent with placement 
considerations described in the TVPRA at 8 U.S.C. 1232(c)(2)(A) 
(noting, for example, that in making placements HHS `may consider 
danger to self, danger to the community, and risk of flight'), and 
exceptions provided for in section paragraph 19 of the FSA.'' is 
corrected to read, ``These exceptions are consistent with placement 
considerations described in the TVPRA at 8 U.S.C. 1232(c)(2)(A) 
(noting, for example, that in making placements HHS `may consider 
danger to self, danger to the community, and risk of flight'), and 
exceptions provided for in paragraph 19 of the FSA.''.
    6. On page 34427, in the second column, in the second sentence of 
the first full paragraph, the phrase ``The standards at subpart D 
include many of the protections that commenters have requested, 
including significant ones addressing minimum standards applicable at 
standard and secure facilities,'' is corrected to read, ``The standards 
at subpart D include many of the protections that commenters have 
requested, including significant ones addressing minimum standards 
applicable at standard programs and secure facilities,''.
    7. On page 34455, in the third column, the first sentence of the 
second full paragraph, ``After consideration of public comments, ORR is 
making the following modifications to regulatory language at Sec. Sec.  
410.1204(b) and 410.1204(e).'' is corrected to read, ``After 
consideration of public comments, ORR is making the following 
modifications to regulatory language at Sec.  410.1204(b), (d), and 
(e).''.
    8. On page 34499, in the third column, the second sentence of the 
last paragraph, ``Section 410.1303(g) as proposed in the NPRM 
(redesignated to Sec.  410.1303(h)(4) in the final rule) has no bearing 
on whistleblower policy and protections in any way and does not intend 
to infringe upon them.'' is corrected to read, ``Section 410.1303(g)(4) 
as proposed in the NPRM (redesignated to Sec.  410.1303(h)(4) in the 
final rule) has no bearing on whistleblower policy and protections in 
any way and does not intend to infringe upon them.''.
    9. On page 34506, in the third column, the first two sentences of 
the second full paragraph are corrected, and a new third sentence is 
added, to read, ``After consideration of public comments, ORR is 
revising Sec.  410.1304(a) by replacing `must,' as used in the NPRM, to 
`shall' and `care provider facilities shall' instead of `the behavior 
management strategies must.' ORR is revising Sec.  410.1304(a)(1) to 
replace `family/sponsor' with `sponsor.' In addition, ORR is revising 
Sec.  410.1304(a)(2)(ii) to include `religious observation and 
services' as one of the activities that care providers are prohibited 
from denying to unaccompanied children and is otherwise finalizing this 
section as proposed. ORR is also revising Sec.  410.1304(c) to remove 
the phrase `as a behavioral intervention.' ''.
    10. On page 34511, in the third column, the first sentence of the 
last paragraph, ``Lastly, ORR notes that it is finalizing language 
access requirements related to education services at Sec.  410.1306(e), 
healthcare services at Sec.  410.1306(g), and legal services at Sec.  
410.1306(h), so that unaccompanied children understand the services 
that are being offered and/or provided.'' is corrected to read, 
``Lastly, ORR notes that it is finalizing language access requirements 
related to education services at Sec.  410.1306(d), healthcare services 
at Sec.  410.1306(g), and legal services at Sec.  410.1306(h), so that 
unaccompanied children understand the services that are being offered 
and/or provided.''.
    11. On page 34518, in the third column, in third full paragraph, 
the citation ``8 CFR 68946'' is corrected to read ``88 FR 68946''.
    12. On page 34529, in the third column, at the beginning of the 
third full paragraph, add the heading ``Comment:''.
    13. On page 34545, in the first column, in the last sentence in the 
first full paragraph, the CFR citation ``Sec.  410.1307(b)'' is 
corrected to read, ``Sec.  410.1307(c)''.
    14. On page 34547, in the first column, the first sentence of the 
fourth full paragraph, ``ORR notes that pursuant to Sec.  410.1902 as 
proposed in the NPRM and finalized, an unaccompanied child transferred 
to a restrictive placement (secure, heightened supervision or 
Residential Treatment Center) will be able to request reconsideration 
of such placement.'' is corrected to read, ``ORR notes that pursuant to 
Sec.  410.1902 as proposed in the NPRM and finalized in this final 
rule, an unaccompanied child transferred to a restrictive placement 
(secure, heightened supervision or Residential Treatment Center) will 
be able to request reconsideration of such placement.''.
    15. On page 34547, in the third column, the third paragraph, 
``Comment: One commenter recommended the Group Transfer proposal 
include language to protect the individual rights of an unaccompanied 
child within a group of unaccompanied children being transferred so 
that timelines or due process rights of each unaccompanied child is 
recognized.'' is corrected to read, ``Comment: One commenter 
recommended the Group Transfer proposal include language to protect the 
individual rights of an unaccompanied child within a group of 
unaccompanied children being transferred so that timelines or due

[[Page 53361]]

process rights of each unaccompanied child are recognized.''.
    16. On page 89 FR 34547, in the third column, the second sentence 
of the fourth paragraph, ``As previously discussed in Sec.  410.1302, 
care provider facilities, as discussed previously in Sec.  410.1302, 
will continue to follow ORR policy to ensure that the best interests of 
unaccompanied children are met.'' is corrected to read, ``As previously 
discussed in Sec.  410.1302, care provider facilities will continue to 
follow ORR policy to ensure that the best interests of unaccompanied 
children are met.''.
    17. On page 34561, in the third column, beginning on the 22nd line, 
the sentence ``ORR is also replacing `arrested' with `apprehended' at 
Sec.  410.1801(c)(7).'' is corrected to read, ``ORR is also replacing 
`arrested' with `apprehended' at Sec.  410.1801(c)(8).''.
    18. On page 34562, in the third column, the last sentence of the 
paragraph continuing from the second column, ``If a child is placed 
into an EIF as an initial placement and as a result lacks records 
sufficient to indicate particular vulnerability (i.e., immediately upon 
transfer into ORR custody from another Federal agency), ORR screens 
such children for the particular vulnerabilities within 5 days of EIS 
placement and continues to monitor children for particular 
vulnerabilities thereafter.'' is corrected to read, ``If a child is 
placed into an EIF as an initial placement and as a result lacks 
records sufficient to indicate particular vulnerability (i.e., 
immediately upon transfer into ORR custody from another Federal 
agency), ORR screens such children for the particular vulnerabilities 
within 5 days of EIF placement and continues to monitor children for 
particular vulnerabilities thereafter.''.
    19. On page 34564, in the first column, in the paragraph continuing 
from the previous page, beginning on the eighth line, the sentence 
``ORR proposed in the NPRM, at Sec.  410.1901(d), to establish regular 
administrative reviews for restrictive placements (88 FR 68960).'' is 
corrected to read, ``ORR proposed in the NPRM, at Sec.  410.1901(d), to 
establish regular administrative reviews for restrictive placements (88 
FR 68959).''.

Corrections to Regulations


Sec.  410.1000  [Corrected]

0
20. On page 34584, in the third column, in Sec.  410.1000, in paragraph 
(a), ``(UC Program)'' is corrected to read ``(UC Bureau)''.


Sec.  410.1001  [Corrected]

0
21. On page 34586, in the third column, in Sec.  410.1001, in the 
definition of Mechanical restraint, ``Unaccompanied Children Program'' 
is corrected to read ``Unaccompanied Children Bureau''.


Sec.  410.1003  [Corrected]

0
22. On page 34588, in the third column, in Sec.  410.1003, at the end 
of paragraph (e), ``UC Program'' is corrected to read ``UC Bureau''.


Sec.  410.1104  [Corrected]

0
23. On page 34590, in the third column, Sec.  410.1105(b)(2)(iv) is 
corrected to read:
    ``(iv) Has a non-violent criminal or delinquent history not 
warranting placement in a secure facility, such as isolated or petty 
offenses as described in paragraph (a)(3)(i) of this section;''


Sec.  410.1302  [Corrected]

0
24. On page 34597, in the second column, in Sec.  410.1302, the second 
paragraph (c)(2)(iv) is redesignated as paragraph (c)(2)(ix).

Elizabeth J. Gramling,
Executive Secretary, Department of Health and Human Services.
[FR Doc. 2024-13560 Filed 6-25-24; 8:45 am]
BILLING CODE 4184-45-P