[Federal Register Volume 89, Number 140 (Monday, July 22, 2024)]
[Notices]
[Pages 59115-59116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16043]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Proposed Information Collection Activity; Administration of 
Psychotropic Medication to 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.

-----------------------------------------------------------------------

SUMMARY: The Office of Refugee Resettlement (ORR), Administration for 
Children and Families (ACF), U.S. Department of Health and Human 
Services is inviting public comment on the proposed collection. The 
request consists of two forms that will allow the Unaccompanied 
Children (UC) Bureau to obtain informed consent from authorized 
consenters and informed assent or agreement from unaccompanied children 
for the administration of psychotropic medication.

DATES: Comments due September 20, 2024. 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 above.

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: The ORR UC Bureau is proposing two new forms: 
Psychotropic Medication Informed Consent (Form MMH-1) and Psychotropic 
Medication Assent Notice (Form MMH-2). The proposed information 
collection is necessary to allow the ORR UC Bureau to comply with a 
court order and improve processes for the administration of 
psychotropic medication. On June 29, 2018, Plaintiffs filed their 
federal class action lawsuit in the Central District of California, 
western division, captioned Lucas R. et al. v. Becerra et al. (Case No. 
2:18-CV-05741 DMG PLA), asserting claims under the Flores consent 
decree, the Trafficking Victims Protection Reauthorization Act, the Due 
Process clause, and the First Amendment. Plaintiffs allege violation of 
unaccompanied children rights in decisions regarding family 
reunification, placement in restrictive facilities, services for 
children with disabilities, administration of psychotropic medication, 
and access to legal assistance. On May 3, 2024, the Court granted final 
approval for the settlement agreements of the Plaintiffs' claims for 
disabilities, psychotropic medication, and legal assistance. As part of 
the settlement agreement for the psychotropic medication claim, ORR is 
required, whenever possible, to obtain informed consent for the 
administration of psychotropic medication and provide certain 
information to the authorized consenter. Additionally, ORR is required 
to provide a written notice and obtain informed assent or agreement 
from children aged 14 or older before administering psychotropic 
medication. The psychotropic medication settlement agreement must be 
fully implemented by August 3, 2026, but data collection must be 
implemented by February 3, 2025, to ensure compliance with the 
Agreement.
    Respondents: Care provider grantees and contractors
    Annual Burden Estimates:

[[Page 59116]]



----------------------------------------------------------------------------------------------------------------
                                                                     Number of    Average burden
                      Form                         Annual number   responses per     hours per     Total annual
                                                  of respondents    respondent       response      burden hours
----------------------------------------------------------------------------------------------------------------
Psychotropic Medication Informed Consent (Form               300               2            1.50             900
 MMH-1).........................................
Psychotropic Medication Assent Notice (Form MMH-             300               1            0.75             225
 2).............................................
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Burden Hours: 1,125.
    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; 45 CFR 410; Flores v. Reno 
Settlement Agreement, No. CV85-4544-RJK (C.D. Cal. 1996); Lucas R. et 
al. v. Becerra et al. (Case No. 2:18-CV-05741 DMG PLA) Psychotropic 
Medication Settlement Agreement.

Mary C. Jones,
ACF/OPRE Certifying Officer.
[FR Doc. 2024-16043 Filed 7-19-24; 8:45 am]
BILLING CODE 4184-45-P