ORR Unaccompanied Children Program Policy Guide

Current as of:

Introduction

Guide to Terms

Record of Posting and Revision Dates
 

Section 1: Placement in ORR Care Provider Facilities

1.1 Summary of Policies for Placement and Transfer of Unaccompanied Children in ORR Care Provider Facilities

1.2 ORR Standards for Placement and Transfer Decisions
  1.2.1 Placement Considerations
  1.2.2 Children with Special Needs
  1.2.3 Safety Issues
  1.2.4 Secure and Staff Secure Care Provider Facilities
  1.2.5 Unaccompanied Alien Children Who Pose a Risk of Escape
  1.2.6 Long-Term Foster Care
  1.2.7 Placing Family Members (Siblings and Children of Unaccompanied Alien Children)

1.3 Referrals to ORR and Initial Placement  
  1.3.1 Request for Information from the Referring Federal Agency
  1.3.2 ORR Placement Designation
  1.3.3 Care Provider Placement Acceptance
  1.3.4 Transfer of Custody to ORR
  1.3.5 Initial Placements in the Event of an Emergency or Influx
  1.3.6 Saravia Intakes Screening and Placement Determinations

1.4 Transfers within the ORR Care Provider Network
  1.4.1 Least Restrictive Setting
  1.4.2 30 Day Restrictive Placement Case Review
  1.4.3 Long Term Care
  1.4.4 Transfer to Long-Term Foster Care
  1.4.5 Group Transfers
  1.4.6 Residential Treatment Center and Out of Network Placements
  1.4.7 Requesting Reconsideration of a Secure or RTC Placement Designation
  1.4.8 Transfers for Saravia Class Members

1.5 Placement Inquiries
  1.5.1 ORR National Call Center

1.6 Determining the Age of an Individual without Lawful Immigration Status
  1.6.1 Unaccompanied Children in HHS Custody
  1.6.2 Instructions for Age Determinations

1.7 Placement and Operations During an Influx [REPEALED]
Policies related to influx care facilities are found at Section 7 of this Policy Guide.
 1.7.1 Activation of HPCs[REPEALED]
 1.7.2 Placement into HPCs [REPEALED]
 1.7.3 Placement into Influx Care Facilities [REPEALED]
 1.7.4 Admission and Orientation for HPCs and Influx Care Facilities [REPEALED]
 1.7.5 Medical Services [REPEALED]
 1.7.6 HPC and Influx Care Facility Services [REPEALED]
 1.7.7 Transportation During Influx [REPEALED]
 1.7.8 Federal Staffing Plan [REPEALED]
 

Section 2: Safe and Timely Release from ORR Care

2.1 Summary of the Safe and Timely Release Process

2.2 Sponsor Application Process
  2.2.1 Identification of Qualified Sponsors
  2.2.2 Contacting Potential Sponsors
  2.2.3 The Family Reunification Application
  2.2.4 Required Documents for Submission with the Application for Release
  2.2.5 Legal Orientation Program for Custodians
  2.2.6 Additional Questions and Answers on This Topic

2.3 Key Participants in the Release Process
  2.3.1 ORR Federal Field Specialists
  2.3.2 Case Managers
  2.3.3 Case Coordinators
  2.3.4 Child Advocates

2.4 Sponsor Assessment Criteria and Home Studies
  2.4.1 Assessment Criteria
  2.4.2 Home Study Requirement
  2.4.3 Additional Questions and Answers on This Topic

2.5 Sponsorship Assessment Background Check Investigations
  2.5.1 Background Check Requirements
  2.5.2 Results of Background Checks on Release Decisions
  2.5.3 Commonly Asked Questions on the ORR Background Check Process

2.6 Effect of Sponsor Immigration Status on Release

2.7 Recommendations and Decisions on Release
  2.7.1 Approve Release Decisions
  2.7.2 Approve Release with Post-Release Services
  2.7.3 Conduct a Home Study Before a Final Release Decision Can Be Made
  2.7.4 Deny Release Request
  2.7.5 Remand Release Request — Decision Pending
  2.7.6 Issues Related to Recommendations and Decisions
  2.7.7 Notification of Denial
  2.7.8 Appeal of Release Denial
  2.7.9 90-Day Review of Pending Family Reunification Applications

2.8 Release from ORR Custody
  2.8.1 After Care Planning
  2.8.2 Transfer of Physical Custody
  2.8.3 Closing the Case File
  2.8.4 Safety and Well Being Follow Up Call
  2.8.5 Post-Release Services for UAC with Zika Virus Disease or Infection [REPEALED]
  2.8.6 Release for Children with Legal Immigration Status
  2.8.7 Release of Saravia Class Members

2.9 Bond Hearings for Unaccompanied Alien Children
 

Section 3: Services

3.1 Summary of Services

3.2 Care Provider Admissions and Orientation for Unaccompanied Alien Children
  3.2.1 Admissions for Unaccompanied Children
  3.2.2 Orientation

3.3 Care Provider Required Services
  3.3.1 UC Assessment and Case Review
  3.3.2 Long Term and Concurrent Planning
  3.3.3 Screening for Child Trafficking and Services for Victims
  3.3.4 Safety Planning
  3.3.5 Academic Educational Services
  3.3.6 Independent Living and Vocational Educational Services
  3.3.7 Services Related to Culture, Language, and Religious Observation
  3.3.8 Recreation and Leisure Time Services
  3.3.9 Nutritional Services
  3.3.10 Calls, Visitation, Mail and Email 
  3.3.11 Clothing and Personal Grooming
  3.3.12 Assignment of Chores
  3.3.13 Behavior Management
  3.3.14 Transportation Services
  3.3.15 Use of Restraints or Seclusion in Emergency Safety Situations In Residential Treatment Centers (RTCs)
  3.3.16 Notification and Reporting of the Death of an Unaccompanied Child
  3.3.17 Use of Restraints during Transport and in Immigration Court
  3.3.18 Restraints in Immigration Court and Asylum Interviews
  3.3.19 Accommodations for Saravia Hearings

3.4 Health Care Services
  3.4.1 Healthcare Eligibility and General Standards
  3.4.2 Initial Medical and Dental Examinations and Follow-up Care
  3.4.3 Requests for Healthcare Services, including Serious Medical Services Requiring Heightened ORR Involvement 
  3.4.4 Medication Administration and Management
  3.4.5 Responding to Medical Emergencies
  3.4.6 Management of Communicable Diseases
  3.4.7 Maintaining Health Care Records and Confidentiality
  3.4.8 Medical Clearance Prior to Release or Transfer
  3.4.9 Provider Reimbursement

3.5 Guiding Principles for the Care of LGBTQI+ Unaccompanied Children
  3.5.1 Zero Tolerance for Discrimination and Harassment
  3.5.2 Prohibition on Segregation and Isolation
  3.5.3 Confidentiality with Regard to Sexual Orientation and Gender Identity
  3.5.4 Housing
  3.5.5 Restroom and Dressing Area Accommodations
  3.5.6 Prohibition on Sexual Orientation and Gender Identity Change Efforts

3.6 ORR Long Term Foster Care
  3.6.1 ORR Long Term Foster Care Service Provision
  3.6.2 Change in Placements while in ORR Long Term Foster Care
  3.6.3 Additional Questions and Answers about this Topic

3.7 Legal Services
  3.7.1 Know Your Rights Presentation & Screenings for Legal Relief
  3.7.2 Direct Legal Representation
  3.7.3 Attorney Request for Information on UC Case
  3.7.4 Grievances in Relation to Legal Services
  3.7.5 Retaliation for Action Against ORR by Legal Service Providers

Section 4: Preventing, Detecting, and Responding to Sexual Abuse and Harassment

4.1 Definitions
  4.1.1 Sexual Abuse
  4.1.2 Voyeurism
  4.1.3 Sexual Harassment
  4.1.4 Inappropriate Sexual Behavior
  4.1.5 Questions and Answers about the Definitions

4.2 Zero Tolerance Policy
  4.2.1 Application
  4.2.2 Care Provider Requirements

4.3 Personnel
  4.3.1 Prevention of Sexual Abuse Coordinator and Compliance Manager
  4.3.2 Applicant Screening
  4.3.3 Employee Background Investigations
    4.3.3.1 ORR Required Background Investigations
    4.3.3.2 Considerations Regarding Child Abuse and Neglect Background Checks
    4.3.3.3 Suitability Determination Investigation
  4.3.4 Hiring Decisions
  4.3.5 Staff Code of Conduct
  4.3.6 Staff Training
  4.3.7 Employee Performance Evaluations and Promotion Decisions
  4.3.8 Disciplinary Sanctions and Corrective Actions
  4.3.9 Questions and Answers

4.4 Staffing and Supervision
  4.4.1 Staffing Levels
  4.4.2 Staffing Plans and Video Monitoring Restrictions
  4.4.3 Searches of Children and Youth
  4.4.4 Upgrades to Facilities and Technologies

4.5  Responsive Planning
  4.5.1 Access to Community Service Providers and Resources
  4.5.2 Forensic Medical Examinations

4.6 Coordinated Response
  4.6.1 Coordinated Response Policies and Procedures
  4.6.2 Responder Duties
  4.6.3 Protecting Children and Youth
  4.6.4 Interventions for Children or Youth Who Engage in Sexual Abuse

4.7 Educating Children and Youth
  4.7.1 Educating Children and Youth on Sexual Abuse and Sexual Harassment
  4.7.2 Bulletin Board Postings
  4.7.3 Pamphlets on Sexual Abuse and Harassment

4.8 Assessment for Risk
  4.8.1 Assessment for Risk
  4.8.2 Use of Assessment Information

4.9 Medical and Mental Health Care
  4.9.1 Emergency Medical and Mental Health Care Services Following an Incident of Sexual Abuse
  4.9.2 Medical Services for Victims at Risk of Pregnancy
  4.9.3 Ongoing Medical and Mental Health Care
  4.9.4 Religious Objections

4.10 Sexual Abuse Reporting and Follow-up
  4.10.1 Methods for Children and Youth to Report
  4.10.2 Care Provider Reporting Requirements
  4.10.3 Sexual Abuse Follow-up
  4.10.4 Notification and Access to Attorneys/Legal Representatives, Families, Child Advocates, and Sponsors
  4.10.5 Confidentiality
  4.10.6 UC Sexual Abuse Hotline

4.11 Incident Reviews and Data Collection
  4.11.1 Incident Reviews

4.12 Compliance Audits
  4.12.1 Compliance Audit Process
  4.12.2 Care Provider Facilities Requirements
  4.12.3 Auditor Certification
 

Section 5: Program Management

5.1 Responding to Inquiries from the Media
  5.1.1 Policies for ORR Grantees
  5.1.2 How ORR Responds to Press Inquiries
  5.1.3 Requests to Interview a Specific Child
  5.1.4 Requests to Visit a Facility
  5.1.5 Requests for General Information and Data

5.2 ORR Policies on Requests to Visit ORR Care Provider Facilities
  5.2.1 Evaluation Criteria
  5.2.2 Special Arrangements
  5.2.3 Protocol for Tours of Care Provider Facilities
  5.2.4 Congressional Visits
  5.2.5 Protection and Advocacy System Tours and Visits

5.3 Testimony by Employees and Production of Documents Where the United States is Not a Party
  5.3.1 Care Provider Testimony and Views
  5.3.2 Confidentiality of Information
  5.3.3 Release of Records Without Prior Approval

5.4 ORR Policies on Communication and Interaction with Consulates
  5.4.1 Notifications to Consulates
  5.4.2 Unaccompanied Children’s Right to Contact and Visit with their Consulate
  5.4.3 Consulate Officials: Access to Their Citizens and ORR Care Provider Facilities
  5.4.4 Visitation
  5.4.5 Information Requests
  5.4.6 Documentation
  5.4.7 ORR and Consulate Joint Activities

5.5 ORR Monitoring and Compliance
  5.5.1 ORR Monitoring Activities
  5.5.2 Follow Up and Corrective Actions
  5.5.3 Foster Care Monitoring
  5.5.4 Abuse Review Team
  5.5.5 Care Provider Internal Program Monitoring, Evaluation, and Quality Assurance

5.6 Reporting and Record Keeping
  5.6.1 Program Reporting Requirements
  5.6.2 Maintaining Case Files
  5.6.3 Record Management, Retention and Safekeeping

5.7 Policies to Protect Sponsors from Fraud
  5.7.1 ORR Efforts to Help Prevent Fraud
  5.7.2 Responding to Fraud Attempts

5.8 Reporting Child-Level Events and Program-Level Events
  5.8.1 Emergency Incidents
  5.8.2 Significant Incidents
  5.8.3 Program-Level Events
  5.8.4 Report Addendums
  5.8.5 Elevation of Emergencies, Significant Incidents, and Program-Level Events
  5.8.6 Allegations of Sexual Abuse in ORR Care
  5.8.7 Allegations of Child Abuse in DHS Custody
  5.8.8 Reporting SIRs and Historical Disclosures to DHS
  5.8.9 Allegations of Past Abuse that Occurred Outside of the United States
  5.8.10 Allegations of Past Abuse that Occurred Inside of the United States
  5.8.11 Notification to Attorneys, Legal Representatives, Child Advocates, Families, and Sponsors
  5.8.12 Behavioral Notes and Historical Disclosures

5.9 Protecting the Privacy and Confidentiality of UC Information
  5.9.1 Requirement to Inform Children of Limits to Confidentiality
  5.9.2 Protecting Confidentiality of Mental Health and Medical Records

5.10 Information Sharing
  5.10.1 UC Case File Request Process
  5.10.2 Limits to Sharing Information with DHS and EOIR
  5.10.3 Information Sharing with LSPs, Attorneys of Record, and Child Advocates
  5.10.4 Information Sharing Agreements for Child Welfare Purposes
  5.10.5 Information Sharing on Separated Children
  5.10.6 Information Sharing for Cases Involving Children Reported Missing
  5.10.7 Information Sharing with Investigative Agencies 
 

Section 6: Post-Release Services

6.1  Overview of Post-Release Services

6.2 PRS Service Provision Policies
  6.2.1 Referrals and Eligibility
  6.2.2 Prioritization of Services
  6.2.3 Assessments
  6.2.4 Assessing Risk and Protective Factors in Children
  6.2.5 Finding and Accessing Legal Services
  6.2.6 Education and English Language Classes
  6.2.7 Medical and Behavioral Healthcare
  6.2.8 Youth Programming
  6.2.9 Services Related to Cultural and Other Traditions
  6.2.10 Supporting Integration and Independence
  6.2.11 Services for Children Requiring Special Consideration
  6.2.12 Innovative Strategies and Evidence-Based Interventions
  6.2.13 Interpretation

6.3 Level One (1) PRS — Virtual Check-ins

6.4 Level Two (2) PRS — Case Management Services

6.5 Level Three (3) PRS — Intensive In-Home Engagements

6.6 TVPRA Legally-Mandated Cases

6.7 Personnel Requirements for Post-Release Providers
  6.7.1  Qualifications and Licensure
  6.7.2  Background Checks
  6.7.3  Core Competencies and Training Requirements
  6.7.4  Supervision
  6.7.5  Mandated Reporting
  6.7.6  Grievances
  6.7.7  Code of Ethics
  6.7.8  Social Media

6.8 Records and Reporting
  6.8.1  Reporting to ORR
  6.8.2  Case Files 
  6.8.3  Records Management and Retention
  6.8.4  Records Requests
  6.8.5  Privacy
  6.8.6  Notifications of Concern
  6.8.7  Case Closures

6.9  ORR Monitoring
  6.9.1  Monitoring Activities
  6.9.2  Follow Up and Corrective Actions
  6.9.3  Sub-Contract Monitoring
  6.9.4  PRS provider Internal Program Monitoring, Evaluation, and Quality Assurance
  

Section 7: Policies for Influx Care Facilities 

7.1 Overview

7.2 Placement into Influx Care Facilities
  7.2.1 Criteria for Placement
  7.2.2 Operational Capacity
  7.2.3 Transfers to ICF from Emergency Intake Sites

7.3 Transfers During an Influx

7.4 Influx Care Facility Admissions and Orientation

7.5 Influx Care Facility Required Services
  7.5.1 Influx Care Facility Minimum Services
  7.5.2 Influx Care Facility Medical Services

7.6 Temporary Waivers for Influx Care Facilities
  7.6.1 Notifications to Congress of Waivers

7.7 Influx Care Facility Staffing Levels

7.8 Influx Care Facility Federal Staffing Plan

7.9 Requests to Visit Influx Care Facilities

7.10 Influx Care Facility Monitoring

7.11 Agreements with Federal, State, and/or Local Security Providers