ORR Unaccompanied Children Program Policy Guide: Record of Posting and Revision Dates

Current as of:
Section TitleOriginal Posting DateDate(s) of Revision / Revision Description
Section 1: Placement in ORR Care Provider Facilities1/27/15Not Applicable
1.1 Summary of Policies for Placement and Transfer of Unaccompanied Children in ORR Care Provider Facilities1/27/152/22/2024 - Revisions clarify ORR’s ability to begin the reunification process before a child is in federal custody; before ORR receives written referral; or before the child’s transfer to ORR’s physical custody and placement in a care provider facility.
1.2 ORR Standards for Placement & Transfer Decisions1/27/15Not Applicable
1.2.1 Placement Considerations1/27/15Not Applicable
1.2.2 Children with Special Needs1/27/15Not Applicable
1.2.3 Safety Issues1/27/15Not Applicable
1.2.4 Secure & Staff Secure Care Provider Facilities1/27/15

6/12/17 - Revised criteria for placement into secure and staff secure facilities.

10/10/18 - Revised language to clarify when placement in a restrictive setting may be made and under what circumstances. Removed language that allowed placement of UAC with gang involvement or affiliation into a secure facility. Added staff secure placement factors to include UAC with gang involvement or affiliation.

1.2.5 UAC Who Pose Risk of Escape1/27/156/12/17 - Non-substantive revisions for clarity.
1.2.6 Long-Term Foster Care1/27/15

10/5/15 - Clarified that ORR may waive the requirement that a legal service provider identify the UAC as eligible for immigration relief as well as the requirement that the UAC be under the age of 17 years and 6 months at the time of the child’s placement into an ORR long term foster care program.

1/12/2024 - This update edits the section title; clarifies a child’s placement eligibility for Long-Term Foster Care; and adds instructions for legal service providers to provide a recommended list of preferred states for a child’s transfer to LTFC.

1.2.7 Placing Family Members1/27/15Not Applicable
1.3 Referrals to ORR and Initial Placement1/27/152/22/2024 - Revisions to language used to refer to unaccompanied children.
1.3.1 Request for Information from the Referring Federal Agency1/27/15

2/12/21 - Updated to reflect the terms of the Saravia v. Wilkinson settlement agreement.

2/22/24 — Revisions clarify that ORR can request additional information in order to being the vetting process prior to placement in an ORR care provider facility.

1.3.2 ORR Placement Designation1/27/15

4/22/16 - Added human trafficking or smuggling and drug smuggling to the criteria for using the Placement Tool.

10/10/18 - Added references to the Intakes Placement Checklist. Added criteria for consideration of placement into an RTC.

1.3.3 Care Provider Placement Acceptance1/27/15Not Applicable
1.3.4 Transfer of Custody to ORR1/27/15Not Applicable
1.3.5 Initial Placements in the Event of an Emergency or Influx1/27/155/4/16 - Added hyperlink to related section 1.7 Placement and Operations During an Influx
1.3.6 Saravia Intakes Screening and Placement Determinations2/12/21 
1.4 Transfers within the ORR Care Provider Network1/27/15

4/22/16 - Clarified that the FFS makes the final transfer decision.

3/28/23 — Clarified that ORR has final authority on transfer decisions and ORR/FFS act as agents of ORR when making transfer decisions.

1.4.1 Least Restrictive Setting1/27/15Not Applicable
1.4.2 30 Day Restrictive Placement Case Review1/27/15

6/12/17- Clarified use of the Placement Tool, and 30 day review process. Requires Supervisory FFS review of cases in secure placements for over 90 days. Clarified policy on how ORR investigates the veracity of criminal or violent history self-disclosed by a UAC. Revises criteria for step-ups and step-downs. Allows for attorneys, LSPs, and child advocates to be given documents related to a UAC’s step-up/step-down without the need to file a case file request. 

10/10/18 - Removed references to the FAST tool. Included language to specifically add RTCs to the 30 day restrictive placement review process.

1.4.3 Long Term Care1/27/15Not Applicable
1.4.4 Transfer to Long-Term Care1/27/151/12/2024 - Adds instructions for children who are transferring to LTFC.
1.4.5 Group Transfers1/27/154/22/16 - Added emergency event or natural disaster to list of criteria for group transfers.
1.4.6 RTC Placements1/27/1510/10/18 - Updated placement criteria for RTCs to specify the child must be a danger to self or others as determined by a licensed psychologist or psychiatrist.
1.4.7 Requesting Reconsideration of a Secure or RTC Placement Designation6/12/17Not Applicable
1.4.8 Transfers for Saravia Class Members2/12/21 
1.5 Placement Inquiries1/27/15Not Applicable
1.5.1 ORR National Call Center1/27/1510/6/23 — Added footnote describing additional functions of the ORR National Call Center as described in Sections 2.2.3, 2.8.4, 6.2.1, and 6.8.6.
1.6 Determining the Age of an Individual w/o Lawful Immigration Status5/11/158/31/15 - Minor modifications to the existing policy developed jointly by DHS and ORR on determining the age of unaccompanied children when no other information is available.
1.6.1 UC in HHS Custody5/11/158/31/15 - Minor modifications to the existing policy developed jointly by DHS and ORR on determining the age of unaccompanied children when no other information is available.
1.6.2 Instructions for Age Determinations5/11/15

8/31/15 - Minor modifications to the existing policy developed jointly by DHS and ORR on determining the age of unaccompanied children when no other information is available.

7/5/16 - Clarified that dental and skeletal (bone) maturity assessments using radiographs may be used to determine age only in conjunction with other evidence

4/13/22 - Removal of skeletal (bone) maturity assessments since DHS does not accept this form of medical age assessment for age determinations. Additionally, clarification that once a child is determined to be an adult, the program coordinates with the FOJC to transfer the individual out of ORR custody instead of stating the individual will be transferred to an adult DRO facility (DHS has discretion on whether to detain or release the individual).

1.7 Placement and Operations During an Influx3/21/159/18/19 — REPEALED. Policies related to influx care facilities are under Section 7.
1.7.1 Activation of HPCs3/21/159/18/19 — REPEALED. Policies related to influx care facilities are under Section 7.
1.7.2 Placement into HPCs3/21/159/18/19 — REPEALED. Policies related to influx care facilities are under Section 7.
1.7.3 Placement into Influx Care Facilities3/21/159/18/19 — REPEALED. Policies related to influx care facilities are under Section 7.
1.7.4 Admission and Orientation for HPCs and Influx Care Facilities3/21/159/18/19 — REPEALED. Policies related to influx care facilities are under Section 7.
1.7.5 Medical Services3/21/159/18/19 — REPEALED. Policies related to influx care facilities are under Section 7.
1.7.6 HPC and Influx Care Facility Services3/21/159/18/19 — REPEALED. Policies related to influx care facilities are under Section 7.
1.7.7 Transportation During Influx3/21/159/18/19 — REPEALED. Policies related to influx care facilities are under Section 7.
1.7.8 Federal Staffing Plan3/21/159/18/19 — REPEALED. Policies related to influx care facilities are under Section 7.
Section 2: Safe and Timely Release from ORR Care1/27/15Not Applicable
2.1 Summary of the Safe and Timely Release Process1/27/15

6/18/19 - Revised wording to provide clarity.

2/22/24 - Revisions clarify that ORR may begin vetting potential sponsors prior to children being physically transferred into ORR care and custody.

2.2 Application for the Safe and Timely Release of Unaccompanied Children from ORR Care1/27/15

6/18/19 - Renamed section and revised wording to provide clarity.

2/22/24 - Revisions clarify that ORR may begin vetting potential sponsors prior to children being physically transferred into ORR care and custody. Procedural guidance tailored to the requirements and legal authorities of the specific circumstances will guide advance vetting in certain cases.

2.2.1 Identification of Qualified Sponsors1/27/15

4/7/15 - Clarification that first cousins are Category 2 sponsors

4/11/16 - Clarification of sponsor category for children of unaccompanied alien children.

6/18/19 - Split category 2 sponsors into two separate sponsor categories, category 2A and category 2B.

3/8/2022-Clarifies what category of sponsorship applies for cases where a UC enters the United States with their biological child for each UC.

2.2.2 Contacting Potential Sponsors1/27/15Not Applicable
2.2.3 The Application for Release1/27/15

8/24/15 - Added clarification that care providers confirm the relationship of Category 3 sponsors who have a distant relation with youth but no supporting documentation

1/9/17 - Clarified that the care provider informs potential sponsors that they may submit additional information not requested in the FRA, in order to support their application for release of a child.

6/7/18 - Revised to reflect updated fingerprint instructions

6/18/19 - Renamed section and revised list of documents included in the FRP.

5/6/21 - Removed Sponsor Declaration from the list of FRP documents.

3/8/2022- Updates guidance to state that the ORR case manager or other care provider staff can fill out the FRA on behalf of a sponsor, unless there is a safety flag identified that would indicate that the sponsor should fill out the FRA without the case manager's assistance or if the sponsor prefers to fill out the FRA by themselves.

2.2.4 Required Documents for Submission with the Application for Release1/27/15

09/19/16 - Added guidance on the types of documents ORR accepts as evidence of the sponsor’s identity, the identity of household members and adults identified in a sponsor care plan, the sponsor’s address, the child’s identity, and the sponsor-child relationship.

10/3/16 - Revisions to the list of acceptable documents to prove identity for sponsors and household members.

11/14/16 - Updated list of acceptable identity documents, and added an alternative method to verify sponsor address.

4/16/19 — Removed a reference to the Family Reunification Checklist for Sponsors, which was discontinued in April 2018.

6/18/19 - Added a proof of immigration status or U.S. citizenship requirement and an explanation of what is required for category 2A sponsors who need to prove they are/were a primary caregiver.

7/3/19 - Revised policy on release to Cat 3 sponsors who do not have a bona fide preexisting relationship with the UAC.

3/8/2022- Includes ORR Verification of Release form as an acceptable proof of identity document; clarifies that adults in sponsor plan need proof of identity documents.

1/30/23 - Removed proof of immigration status or U.S. citizenship requirement.

2.2.5 LOPC1/27/1512/4/17 - Added attendance at LOPC presentation as an assessment criteria.
2.2.6 Additional Q&As on Topic1/27/15Not Applicable
2.3 Key Participants in Release Process1/27/15

8/1/2016 - Added reference to Child Advocates as participants in the release process and after-care planning.

6/18/19 - Revised wording to provide clarity.

2.3.1 ORR/FFS1/27/15

3/15/16 - Added new footnote (FN4) regarding approval of discretionary home studies described in Section 2.4.2.

8/1/16 - Added reference to Child Advocates as participants in the release process and after-care planning.

3/28/23 — Clarified that ORR has final authority on transfer and release decisions and ORR/FFS act as agents of ORR when making these decisions.

2.3.2 Case Managers1/27/15

8/1/16 - Added reference to Child Advocates as participants in the release process and after-care planning.

4/24/17 - Added requirement that Case Managers provide weekly status updates (monthly for children in LTFC) to the UAC on the child’s case and provision of services, preferably in person.

6/7/18 - Updated to reflect additional case manager duties regarding information sharing and notifications

8/4/2021 - Added reference to the Policy Memorandum: Medical Services Requiring Heightened ORR Involvement.

12/17/2021 - Updated to include hours during which Case Managers are expected to provider case management services.

8/7/23, Effective 8/21/23 — Clarified that child advocates may attend case staffings and which stakeholders case managers must provide weekly case updates to, and what they should include.

2.3.3 Case Coordinators1/27/158/1/16 — Added reference to Child Advocates as participants in the release process and after-care planning.
2.3.4 Child Advocates8/1/168/7/23, Effective 8/21/23  — Clarified that child advocates must keep case file information confidential from non-ORR grantees, contractors and Federal staff.
2.4 Sponsor Assessment & Home Studies1/27/1503/15/16
2.4.1 Assessment Criteria1/27/15

12/4/17 - Added attendance at LOPC presentation as an assessment criteria.

1/30/23 - Removed the bar on release to unrelated individuals with an outstanding order of removal and replace it with a new assessment criteria that will factor outstanding orders of removal into the sponsor assessment process.

2.4.2 Home Study Requirements1/27/15

7/27/15 - Added “ORR also requires a mandatory home study before releasing any child to a non-relative sponsor who is seeking to sponsor multiple children, or has previously sponsored a child and is seeking to sponsor additional children.”

9/14/15 - Added Q&As on mandatory home study questions

3/15/16 - Added policy on discretionary home studies, which may be recommended by the Case Manager and Case Coordinator where a home study is not already required, but must be approved by an ORR/FFS Supervisor.

3/28/16 - Added the requirement that ORR requires a home study for children who are 12 years and under before releasing to a non-relative sponsor.

5/9/16 - Provided additional information about House Studies and the Home Study Report and Recommendation.

1/9/17 - Clarified that the care provider must inform the potential sponsor whenever a home study is conducted, and provide a copy of the home study report to potential sponsors whose release requests are denied.

1/30/23 - Added a new requirement that within three (3) calendar days of the home study referral, the home study provider must accept the referral and staff the case with a case manager. Revised the existing requirement for home study providers to submit the written report within 10 business days of receipt of the referral to within 10 calendar days of receipt of the referral. Requests by the home study provider to extend beyond 10 calendar days or to cancel a home study must be submitted in writing to the ORR Federal Field Specialist for consideration. Amended the policy to require home study providers to conduct home studies in-person but, in the event of exceptional circumstances, permit ORR to approve virtual home studies.

3/28/23 — Reformatted ORR mandatory home study requirements into bullet points. Clarified in Footnote 6 that the ORR Director delegates final authority for approving discretionary home studies to ORR/FFS Supervisors who act as agents of HHS/ORR. Clarified that ORR/FFS act as agents of HHS/ORR to approve all release requests.

2.4.3 Additional Q&A on Topic1/27/15Not Applicable
2.5 ORR Policies on Requesting Background Checks of Sponsors1/27/15

1/17/16 - Added the note that an Authorization for Release of Information is no longer required to perform either a public records check or sex offender registry check.

6/7/18 - Updated background check policies

12/18/18 - Added “when applicable” to fingerprint submission requirements to reflect changes to background check policies.

6/18/19 - Renamed section and revised wording to provide clarity.

2.5.1 Criteria for Background Checks1/27/15

3/23/15 - Added requirement that all Category 3 sponsors must undergo Child Abuse and Neglect Checks.

1/17/16 - Summary of changes:
- All individuals undergoing a public records check will also undergo a sex offender registry check.
- All non-sponsor adult household members and adult care givers identified in a sponsor care plan will undergo a public records check and a sex offender registry check.
- A revised Family Reunification Application will collect the date of birth of household members and contact and biographic information of adult care givers identified in the sponsor care plan. This information is needed to perform the public records check and sex offender registry check.

3/31/16 - Clarified home study policies.

4/11/16 — Clarification that table represents minimum standards.

6/7/18 - Updates with changes to background checks by DHS and fingerprint and background check requirements

12/18/18 - Revised criteria and table to reflect changes to fingerprint submission requirements for some household members.

6/18/19 - Added a brief description of the transmission process for background checks, including identification of Federal and state agencies involved in the process. Removed requirement of DHS immigration status checks and criminal history checks. Revised/added fingerprint check criteria for category 1, 2A, and 2B sponsors. Revised CA/N check criteria for category 3 sponsors.

2.5.2 Results of Background Checks on Release Decisions1/27/15

6/7/18 - Added information sharing policy to results of background checks

6/18/19 - Revised information sharing policy for results of background checks. Made policy on criminal history also applicable to adverse child welfare findings. Moved language on sponsor immigration status to Section 2.6. Added policy concerning derogatory information obtained after the child is released. Updated table on next steps to remove language on immigration status, add language on criminal history pending results, and revise language on CA/N checks pending results.

2.5.3 Commonly Asked Questions on the ORR Background Check Process1/27/15

6/7/18 - Clarified that adult household members must agree to a background check.

6/18/19 - Renamed section (previously Additional Questions and Answers on this Topic). Removed question on deadline for providing fingerprints. Revised answers to Q1, Q4, and Q5. Added questions Q6 and Q7, relating to information sharing of background check results.

6/4/21 — Updated date until which DHS is restricted from using information.

2.6 Sponsor Immigration Status and Release of UAC1/27/15

6/7/18 - Added information sharing policy to section

6/18/19 - Added language that was previously in Section 2.5.2 on use of immigration status information. Removed all subsections.

1/30/23 - Removed references to the sponsor care plan. Revised to state that ORR doesn’t collect immigration status information directly from the sponsor, clarified how ORR may obtain this information through FBI background checks, and that ORR does not share this information. Removed bar on release to unrelated individuals with an outstanding order of removal.

2.6.1 Application Process1/27/156/18/19 - Removed subsection.
2.6.2 Fingerprints1/27/15

6/7/18 - Updated with new fingerprinting requirements and information sharing

6/18/19 - Removed subsection.

2.6.3 Other Background Checks Related to Immigration1/27/156/18/19 - Removed subsection.
2.6.4 Results of Immigration-Related Checks1/27/15

6/7/18 - Added link to sponsor care plan section

6/18/19 - Removed subsection.

2.7 Recommendations and Decisions on Release1/27/15

3/15/16 - Added description of care providers’ duty to provide ORR with recommendations concerning release of unaccompanied alien children in their care

8/1/16 - Added reference to Child Advocates as participants in the release process and after-care planning.

6/12/17 - Requirement that the ORR Director, or designee, review any case for release where the UAC is placed at or previously placed at a secure or staff-secure facility.

3/28/23 — Clarified that ORR/FFS act as agents of HHS/ORR to approve all release requests.

6/29/18 - Director review removed.

2.7.1 Approve Release Decisions1/27/153/28/23 — Clarified that ORR/FFS act as agents of HHS/ORR when making release decisions.
2.7.2 Approve Release with Post-Release Services1/27/15

4/16/19 — Removed a reference to post release service timeframes and added a hyperlink to section 6.2.

3/28/23 — Clarified that ORR/FFS act as agents of HHS/ORR when approving a release with post-release services.

2.7.3 Conduct a HS Before Final Release Decision1/27/153/28/23 — Clarified that ORR/FFS act as agents of HHS/ORR when approving that a home study be conducted.
2.7.4 Deny Release Request1/27/15

1/17/16 - Certain criminal history and substantiated child welfare findings will automatically disqualify potential Category 2 and Category 3 sponsors. Additionally, disqualifying criteria now appears only in section 2.7.4.

6/18/19 - Revised to reflect separation of category 2 sponsors into category 2A and category 2B.

2.7.5 Remand Release Request1/27/15Not Applicable
2.7.6 Issues Related to Recommendations and Decisions1/27/15

6/7/18 - Added post release services to safety plan and added details on sponsor care plan

1/30/23 - Revised to require that all sponsors identify an alternate adult caregiver.

2.7.7 Notification of Denial
 
1/27/15

1/9/17 - In conjunction with new subsection 2.7.8, revised and expanded policy on sponsors’ ability to request reconsideration of denied release request. Under 2.7.7, distinguished timelines and requirements for notifications of denial to Category 1 potential sponsors and non-Category 1 potential sponsors, as well as denials based solely on a child’s danger to him or herself or the community.

5/2/17 - Extended timeframe for ORR Director’s notification of denial to parent or legal guardian from 7 to 30 days. Changed terminology from “Review and Reconsideration” to “Appeal.”

7/21/23 - Revision to specify that a copy of the Notification of Denial Letter is provided to a child’s attorney of record

2.7.8 Appeal of Release Denial1/9/175/2/17 - Streamlined appeal process, allowing appeals to go directly to the Assistant Secretary. Removed role of Reconsideration Officer.  In cases where denial is based on UAC being a danger to self or community, revised policy to allow UAC to appeal, provided that the parent/guardian is not also seeking an appeal.
2.8 Release from ORR Custody1/27/15Not Applicable
2.8.1 After Care Planning1/27/15

8/1/16 - Clarified that Child Advocates have access to their clients’ forms and documents.

6/7/18 - Added reference to sponsor care agreement

3/25/24 — Updated to match revisions made to the Sponsor Care Agreement

2.8.2 Transfer of Physical Custody1/27/15

03/14/16 - Clarified and added safeguards to the actions care providers must take concerning a sponsor’s presentation of identity documents.

6/18/19 - Added clarification regarding use of travel agents.

1/10/22 - Removed language stating that the sponsor is responsible for transportation costs and that ORR will not pay for sponsor airfare. Added broader language stating that the case manager will assist in arranging transportation.

2.8.3 Closing the Case File1/27/15Not Applicable
2.8.4 Safety & Well Being Follow-Up Call8/17/15Not Applicable
2.8.5 Post-Release Services for UAC with Zika Virus Disease or Infection5/2/1610/6/23 — Repealed
2.8.6 Release for Children with Legal Immigration Status5/8/17Not Applicable
2.8.7 Release of Saravia Class Members2/12/21 
2.9 Bond Hearings for Unaccompanied Alien Children7/7/177/19/17 - Removed procedural language (revised language to be communicated separately after consultation with partner agencies); specified that Notice will be provided to UAC in secure and staff secure facilities.
Section 3: Services1/28/15Not Applicable
3.1 Summary of Services1/28/158/1/16 - Added reference to Child Advocates as participants in the release process and after-care planning.
3.2 Care Provider Admissions & Orientation for UAC1/28/158/1/16 - Added reference to Child Advocates as participants in the release process and after-care planning.
3.2.1 Admissions for Unaccompanied ChildrenRevised 05/31/2022; Effective 06/27/2022

6/12/17 - Added requirement that care providers warn UC during the admissions process that self-disclosure of criminal or violent history while in care may result in the UC’s transfer to another care provider and may affect their release.

4/3/18 — Removed reference to the Assessment for Risk, which must be completed within 72 hours of a child’s admission to a care provider facility, not within 24 hours.

05/31/22- Revised to include requirement for care providers to review the Disclosure Notice with each child prior to completing the UC Assessment and prior to starting counseling services with each child and cross-reference to Section 5.9.1 added.

Posted Date: 1/8/2024; Effective Date: 1/15/2024 - Updates related to health condition inquiries during the UC admissions process and proper elevation of any medical concerns.

3.2.2 Orientation1/28/15Not Applicable
3.3 Care Provider Required Services1/28/15

5/23/16 - Modified language related to family planning services

05/31/22- Revised to include requirement for care provider clinicians to review the Disclosure Notice with each child prior to completing the UC Assessment and at the start of clinical services.

08/02/23 - Added reference to Historical Disclosures and Behavioral Notes

3.3.1 UC Assessment & Case Review1/28/15

12/16/16 - Changed completion date from 7 to 5 days

08/02/23 - Added reference to Historical Disclosures

3.3.2 Long Term & Concurrent Planning1/28/15Not Applicable
3.3.3 Screening for Child Trafficking & Services for Victims1/28/15

7/03/17 - Changed definition of human trafficking and provides information about how to better identify trafficking victims.

08/02/23 - Added reference to Historical Disclosures

3.3.4 Safety Planning1/28/15

8/8/16 - Added guidance on safety planning for field trips or other off-site outings

4/24/17 - Added off-site religious services to list requiring safety planning.

6/3/22 - Technical revisions clarify the assessment necessary for outing participation when a child has runaway or is at risk of running away from their ORR placement. Removed the 30-day assessment period, replacing the timeframe with a seven-day assessment period, and described in detail what evidence would constitute active runaway planning. Revisions also clarify that UC must continue to receive minimum required services regardless of runaway risk.

3.3.5 Academic Educational Services1/28/154/24/17 - Added 72-hour time frame for educational assessment. Added pre-approval requirement for academic breaks.
3.3.6 Vocational Educational Services1/28/15Not Applicable
3.3.7 Services Related to Culture, Language, & Religious Observation1/28/15Not Applicable
3.3.8 Recreation & Leisure Time Services1/28/15Not Applicable
3.3.9 Nutritional Services1/28/15Not Applicable
3.3.10 Calls, Visitation, Mail and Email1/28/156/15/23 - Changed title; distinguished email from mail and added sub headers; clarified and emphasized minimum call times for children; added 45 minute minimum call times for children during weekends, holidays, child’s birthdays and added unlimited calls during exceptional circumstances; included preference for video calls over audio-only calls; added language on what a ’call attempt’ or call opportunity is.
3.3.11 Clothing & Personal Grooming1/28/154/24/17 - Clarified that child may wear his/her own appropriate clothing and that footwear may not be used to control behavior.
3.3.12 Assignment of Chores1/28/15Not Applicable
3.3.13 Behavior Management1/28/1512/23/22 - Provide further detail on how care providers are expected to develop their child behavior management practices so as to: avoid negative reinforcement and punitive measures; utilize behavior management practices that are trauma-informed, age appropriate, and evidence-based to help children develop healthy skills, habits, and adjustment; and never threaten children in any way, especially by using threats of incident reporting to manage behavior.
3.3.14 Transportation Services1/28/15Not Applicable
3.3.15 Use of Restraints or Seclusion in Emergency Safety Situations in RTCs3/2/15Not Applicable
3.3.16 Notification and Reporting of the Death of UAC3/16/15

5/31/16 - Updated list of notifications in the event of a death of an unaccompanied alien child.

7/22/19 — Added notification to Congressional officials.

8/2/2023 — Updated list of Congressional committees to be notified. Added that the Embassy must be notified of the death. Added that HHS-OIG must be notified of the death. Allowed some notifications to be made by e-mail instead of phone.

3.3.17 Use of Restraints during Transport4/27/157/12/16  - Clarifies that ORR only allows the use of soft restraints during transport when a child poses a serious risk of escape, or physical harm to self or others, and that care providers must take into account the child’s medical and/or mental health issues before employing soft restraints.
3.3.18 Restraints in Immigration Court and Asylum Interviews7/12/16Not Applicable
3.3.19 Accommodations for Saravia Hearings2/12/21 
3.4 Health Care Services8/4/21

5/23/16 - Modified language related to family planning services

8/4/2021 - Added reference to the Policy Memorandum: Medical Services Requiring Heightened ORR Involvement.

Posted Date: 1/8/2024; Effective Date: 1/15/2024 - Updates explicitly requiring care providers have medical services in place prior to children being placed with the care provider.

3.4.1 Health Care Eligibility & General Standards5/11/15Posted Date: 1/8/2024; Effective Date: 1/15/2024 - Updates to address Medicaid and CHIP eligibility for classes of children, and the process by which care providers should enroll eligible children for Medicaid and CHIP benefits.
3.4.2 Initial Medical and Dental Examinations and Follow-up Care1/24/16

1/24/16 - Updates to reflect current practices; no changes to actual services

Posted Date: 1/8/2024; Effective Date: 1/15/2024 - Updates to dental policies to align with UC MAP provisions.

3.4.3 Requests for Healthcare Services, including Serious Medical Services Requiring Heightened ORR Involvement8/4/21

8/4/2021 — Added reference to the Policy Memorandum: Medical Services Requiring Heightened ORR Involvement.

Posted Date: 1/8/2024; Effective Date: 1/15/2024 - Updates regarding response times for non-emergency medical concerns from 24-48 hours to conducting triage within two hours and steps for completing te Serious Medical Procedure Request form.

3.4.4 Medication Administration & Management5/11/159/12/15 - Removed requirement that care providers must report all medication errors to ORR.
3.4.5 Responding to Medical Emergencies5/11/15

8/4/2021 — Added reference to the Policy Memorandum: Medical Services Requiring Heightened ORR Involvement.

08/02/23 - Updated definition of Medical Emergency

3.4.6 Management of Communicable Diseases5/11/15Not Applicable
3.4.7 Maintaining Health Care Records & Confidentiality5/11/158/4/2021 — Added reference to the Policy Memorandum: Medical Services Requiring Heightened ORR Involvement.
3.4.8 Medical Clearance Prior to Release or Transfer5/11/15Not Applicable
3.4.9 Provider Reimbursement5/11/15

8/4/2021 — Modified language related to provider reimbursement.

12/20/23 — Updated to state ORR does not permit or reimburse sexual orientation and gender identity (SOGI) change efforts, commonly referred to as “conversion therapy,” for children in ORR custody under any circumstances.

3.5 Guiding Principles for the Care of LGBTQI+ Unaccompanied Children6/17/1512/20/23 — Non-substantive revisions for clarity and added cross reference to Section 5.10.
3.5.1 Zero Tolerance for Discrimination and Harassment6/17/1512/20/23 — Non-substantive revisions for clarity.
3.5.2 Prohibition on Segregation & Isolation6/17/1512/20/23 — Non-substantive revisions for clarity.
3.5.3 Confidentiality with Regard to Sexual Orientation & Gender Identity6/17/1512/20/23 — Non-substantive revisions for clarity and added cross reference to Section 5.10.
3.5.4 Housing6/17/1512/20/23 — Non-substantive revisions for clarity.
3.5.5 Restroom & Dressing Area Accommodations6/17/1512/20/23 — Non-substantive revisions for clarity.
3.5.6 Prohibition on Sexual Orientation and Gender Identity Change Efforts12/20/23Not Applicable
3.6 Long Term Foster Care10/5/15Not Applicable
3.6.1 ORR LTFC Service Provisions10/5/15Not Applicable
3.6.2 Change in Placements While in ORR LTFC10/5/15Not Applicable
3.6.2 Change in Placements While in ORR LTFC10/5/15Not Applicable
3.6.3 Additional Q&As10/5/15Not Applicable
3.7 Legal Services5/31/22Not Applicable
3.7.1 Know Your Rights Presentation & Screenings for Legal Relief5/31/22

8/7/23, Effective 8/21/23 — Clarified that legal service providers may request additional documents for legal screenings but must go through the case file process.

9/7/23 —Removed sentence stating the KYR presentation provides unaccompanied children with legal services information and provides each child a copy of the Legal Resource Guide for Unaccompanied Children. Care provider staff, not Legal Service Providers (LSPs), provide children the documents in the Legal Resource Guide for Unaccompanied Children.

3.7.2 Direct Legal Representation5/31/228/7/23, Effective 8/21/23  — Added specification about who should use a Notice of Attorney Representation form.
3.7.3 Attorney Request for Information on UC Case5/31/22Not Applicable
3.7.4 Grievances in Relation to Legal Services5/31/22Not Applicable
3.7.5 Retaliation for Action Against ORR by Legal Service Providers5/31/22Not Applicable
Section 4: Preventing, Detecting & Responding to Sexual Abuse & Harassment2/22/15Not Applicable
4.1 Definitions2/5/18Not Applicable
4.1.1 Sexual Abuse2/5/1808/02/23 - Updated definition of Sexual Abuse to align with the Interim Final Rule, Standards to Prevent, Detect, and Respond to Sexual Abuse and Sexual Harassment Involving Unaccompanied Children, 45 CFR 411
4.1.2 Voyeurism2/5/18Not Applicable
4.1.3 Sexual Harassment2/5/18Not Applicable
4.1.4 Inappropriate Sexual Behavior2/5/1808/02/23 - Updated definition of Inappropriate Sexual Behavior
4.1.5 Questions and Answers about the Definitions2/5/1812/23/22 - Miscellaneous revisions for clarity and updating references of “UAC” to “UC”
4.2 Zero Tolerance Policy2/22/15Not Applicable
4.2.1 Application2/22/15Not Applicable
4.2.2 Care Provider Requirements2/22/15

12/23/22 - Clarify expectations on how staff and children may engage in limited physical contact for comfort or affection when a child is in distress, in accordance with child welfare best practices.

12/20/23 — Non-substantive revisions for clarity.

4.3 Personnel2/22/15

1/14/19 - Excluded secure facilities because they are subject to US Dept. of Justice national standards for prevention, detection, and responding to PREA.

3/11/19 - Excluded Long Term Foster Care

4.3.1 Prevention of SA Coordinator & Compliance Manager2/22/151/14/19 - Minor updates to reflect the shift from “implementation” of IFR (now accomplished) to “compliance” since section was first posted in 2015
4.3.2 Applicant Screening2/22/151/14/19 - Added new section to ensure applicant screening includes component for sexual abuse prevention.
4.3.3 Employee Background Investigations2/22/15

1/14/19 - Moved some requirements into next section (4.3.4) to create new section. Added new requirement that care providers notify ORR in writing if they are unable to complete any required component of a background investigation

12/21/23 - Technical Revisions

4.3.3.1 ORR Required Background Investigations 12/18/2312/21/23 - Technical Revisions
4.3.3.3 Suitability Determination Investigation12/18/2312/21/23 - Technical Revisions
4.3.4 Hiring Decisions2/22/15

1/14/19 - Added new requirement that care providers submit the name of each new staff member, including youth care workers, to ORR for final approval to ensure a staff member was not previously terminated by another care provider for sexual abuse, sexual harassment, or inappropriate sexual behavior; added new requirement that care providers notify ORR of all terminations for violations of ORR’s or the care provider’s policies regarding sexual abuse and sexual harassment; added new guidance on hiring decisions and a prohibition on hiring or utilizing the services of any applicant, contractor, or volunteer who, as an adult, perpetrated any crime involving a child, regardless of how long ago the incident occurred, or any violent crime within the past 10 years.

3/11/19 - Added domestic violence to prohibition on hiring

4.3.5 Staff Code of Conduct2/22/15

1/14/19 - New subsection section added

3/11/19 - Excluded Foster Care from requirement

4.3.6 Staff Training2/22/15

1/14/19 - Added new requirement that all employees receive ORR-provided refresher training about avoiding inappropriate relationships and reporting sexual abuse and sexual harassment every six months.

3/11/19 - Clarified that training requirement was before access to UAC

4.3.7 Employee Performance Evaluations and Promotion Decisions2/22/151/14/19 - Added to list of misconduct “crime involving a minor or any violent crime” and added reference to 4.3.4.
4.3.8 Disciplinary Sanctions and Corrective Actions2/22/151/14/19 - Added references to Sections 4.10 and 4.6.3.
4.3.9 Questions and Answers3/11/19Not Applicable
4.4 Staff & Supervision3/16/15Not Applicable
4.4.1 Staffing Levels3/16/15

5/30/16 - Minor changes concerning direct supervision of UC by care provider staff

4/14/22 — The definition of youth care workers was clarified to cross reference the ORR Cooperative Agreement; clarification was added for licensed care providers to follow staffing ratios of case managers and clinicians as outlined in the ORR Cooperative Agreement; additional cross references to Section 7.7 and ORR Field Guidance #13 were added for staffing ratios for ICF and EIS; appropriations citations were added; and the FY2016 waiver language in footnote was removed.

4.4.2 Staffing Plans and Video Monitoring Restrictions3/16/15Not Applicable
4.4.3 Searches of Children and Youth3/16/15Not Applicable
4.4.4 Upgrades to Facilities and Technologies3/16/15Not Applicable
4.5 Responsive Planning3/23/15Not Applicable
4.5.1 Access to Community Service Providers and Resources3/23/15Not Applicable
4.5.2 Forensic Medical Examinations3/23/15Not Applicable
4.6 Coordinated Response4/6/15Not Applicable
4.6.1 Coordinated Response Policies & Procedures4/6/15Not Applicable
4.6.2 Responder Duties4/6/15Not Applicable
4.6.3 Protecting Children and Youth4/6/15Not Applicable
4.6.4 Interventions for Children or Youth Who Engage in Sexual Abuse4/6/15Not Applicable
4.7 Educating Children and Youth6/22/15Not Applicable
4.7.1 Educating Children & Youth on SA and SH6/22/15Not Applicable
4.7.2 Bulletin Board Postings6/22/1511/6/15 - Added in link to new ORR posters and pamphlets
4.7.3 Pamphlets on SA and SH6/22/1511/6/15 - Added in link to new ORR posters and pamphlets
4.8 Assessment for Risk6/22/15Not Applicable
4.8.1 Assessment for Risk6/22/15Not Applicable
4.8.2 Use of Assessment Information6/22/15Not Applicable
4.9 Medical and Mental Health Care6/22/15Not Applicable
4.9.1 Emergency Medical & Mental Health Care Services Following an Incident of SA6/22/15Not Applicable
4.9.2 Medical Services for Victims at risk of Pregnancy6/22/15Not Applicable
4.9.3 Ongoing Medical & Mental Health Care6/22/15Not Applicable
4.9.4 Religious Objections6/22/15Not Applicable
4.10 Sexual Abuse Reporting & Follow-Up9/28/15

3/21/16 - Clarified that the section applies to individual foster homes.

6/7/21 - Retitled (previously Reporting and Follow-up). Added language on reporting staff code of conduct violations.

08/02/23 - Technical revisions

4.10.1 Methods for Children and Youth to Report9/28/15

3/21/16 - Added that secure care providers may have modified requirements for preprogrammed telephones to ensure the security of the facility.

6/7/21 - Added language on reporting staff code of conduct violations.

08/02/23 - Technical revisions

4.10.2 Care Provider Reporting Requirements9/28/15

3/21/16 - Summary of Changes
- Added requirement that allegations of sexual abuse involving an adult be reported to local law enforcement.
- Added requirement to submit SA/SIR Addendums within 24 hours.
- Added a requirement to report allegations of sexual abuse as defined in 42 U.S.C. 13031(c)(4) to the FBI within 4 hours.

11/20/17 - Added a quick reference chart summarizing required notifications for incidents of sexual abuse, sexual harassment, and inappropriate sexual behavior.

6/7/21 - Added language on reporting staff code of conduct violations. Changed reporting timeframes to 4 hours for sexual abuse and 24 hours for sexual harassment, inappropriate sexual behavior, and staff code of conduct violations. All SA/SIR categories must be reported to the ORR Prevention of Sexual Abuse Coordinator.

7/12/21 - PSAC does not review incidents of verbal or physical abuse of a child, although it is a staff code of conduct violation. These reports should be captured on the Abuse/Neglect in ORR Care on a standard or emergency SIR depending on whether the incident is an immediate threat to the child. All other types of staff code of conduct violations should be reported to PSAC.

12/23/22 - Reiterate prohibition on staff threatening children with incident reporting.

08/02/23 - Added reference to Historical Disclosures and SIR Triage Team; technical revisions

8/7/23, Effective 8/21/23  — Added that case file records requests from FBI and OIG should go through the case file request process in UC Policy Guide Section 5.10.1

4.10.3 Sexual Abuse Follow-Up9/28/15

6/7/21 - Retitled (previously Sexual Abuse and Harassment Follow-Up). Added requirement to remain informed of and track investigations resulting from reports of inappropriate sexual behavior and staff code of conduct violations.

08/02/23 - Added reference to SIR Triage Team

8/7/23, Effective 8/21/23  — Added that investigating authorities must submit a case file records request to obtain case file records for reports on sexual abuse, sexual harassment, inappropriate sexual behavior, or staff code of conduct violations.

4.10.4 Notification and Access to Attorneys/Legal Representatives, Families, Child Advocates, and Sponsors9/28/15

3/21/16 - Summary of Changes
- Added charts to clarify notification requirements.
- Added requirement to notify child advocates of allegations of sexual abuse and harassment.

6/7/21 - Added notification requirements for staff code of conduct violations.

08/02/23 - Updated processes for referrals to legal service providers, attorneys of record, and child advocates; technical revisions

4.10.5 Confidentiality9/28/15

6/7/21 - Added requirement to ensure confidentiality of information related to staff code of conduct violations.

08/02/23 - Technical revisions

4.10.6 UC Sexual Abuse Hotline9/28/156/7/21 - Added staff code of conduct violations as a reason someone may contact the hotline.
4.11 Incident Reviews and Data Collection7/08/19Not Applicable
4.11.1 Incident Reviews7/08/19Not Applicable
4.12 Compliance Audits12/10/18Not Applicable
4.12.1 Compliance Audit Process12/10/1808/02/23 - Technical revisions
4.12.2 Care Provider Facilities Requirements12/10/18Not Applicable
4.12.3 Auditor Certification12/10/18Not Applicable
Section 5: Program Management3/16/15Not Applicable
5.1 Responding to Inquiries from the Media3/16/154/20/15 - Added phone number for the ACF Office of Public Affairs.
5.1.1 Policies for ORR Grantees3/16/15Not Applicable
5.1.2 How ORR Responds to Press Inquiries3/16/15Not Applicable
5.1.3 Requests to Interview a Specific Child3/16/15Not Applicable
5.1.4 Requests to Visit a Facility3/16/15Not Applicable
5.1.5 Requests for General Information & Data3/16/15Not Applicable
5.2 ORR Policies on Requests to Tour ORR Care Provider Facilities3/30/159/18/23 - Updated to define tour and visit.
5.2.1 Evaluation Criteria3/30/159/18/23 - Updated to differentiate between a facility tour and visit with a child.
5.2.2 Special Arrangements3/30/159/18/23 - Updated to differentiate between a facility tour and visit with a child.
5.2.3 Protocol for Tours of Care Provider Facilities3/30/159/18/23 - Updated language to make clear and standardized tour protocol, protecting children’s privacy and welfare.
5.2.4 Congressional Tours10/3/199/18/23 - Changed the title of this section to distinguish between a facility tour and a visit with children. 
5.2.5 Protection and Advocacy System Tours and VisitsNew9/18/23 - Provides policy guidance and protocol on the special considerations for P&A access to ORR care provider facilities serving children with disabilities.
5.3 Testimony by Employees and Production of documents Where the US is Not a Party3/30/15Not Applicable
5.3.1 Care Provider Testimony & Views3/30/15Not Applicable
5.3.2 Confidentiality of Information3/30/15Not Applicable
5.3.3 Release of Records Without Prior Approval3/30/158/7/23, Effective 8/21/23  — Renamed the section from “Release of Records without Prior Approval”
5.4 ORR Policies on Communication and Interaction with Consulates4/27/159/18/23 - Updated language based on ORR standards and removed outdated reference to section 5.4.7
5.4.1 Notification to Consulates4/27/15Not Applicable
5.4.2 Unaccompanied Children’s Right to Contact and Visit with their Consulate4/27/159/18/23 - Updated language from “meet” “tour” to “visit” to align with other changes in this section.
5.4.3 Consulate Officials: Access to Their Citizens and ORR Care Provider Facilities4/27/159/18/23 - Updated language from “meet” “tour” to “visit” to align with other changes in this section.
5.4.4 Visitation4/27/15Not Applicable
5.4.5 Information Requests4/27/15Not Applicable
5.4.6 Documentation4/27/15Not Applicable
5.4.7 ORR and Consulate Joint Activities4/27/15Not Applicable
5.5 ORR Monitoring and Compliance6/15/15Not Applicable
5.5.1 ORR Monitoring Activities6/15/15Not Applicable
5.5.2 Follow-Up and Corrective Actions6/15/15Not Applicable
5.5.3 Foster Care Monitoring6/15/15Not Applicable
5.5.4  Abuse Review Team8/30/1808/02/23 - Technical revisions
5.5.5 Care Provider Internal Program Monitoring, Evaluation, and Quality Assurance6/15/15Not Applicable
5.6 Reporting & Record Keeping7/27/15Not Applicable
5.6.1 Program Reporting Requirements7/27/15Not Applicable
5.6.2 Maintaining Case Files7/27/15

10/10/18 - Updated list of required forms for inclusion in a UC case file.

05/31/22- Revised information that should be contained under legal information for a UC case file.

08/02/23 - Added reference to Historical Disclosures and Behavioral Notes

5.6.3 Record Management, Retention and Safekeeping7/27/15Added that electronic records cannot be accessed outside the US, and care provider policies should be consistent with ORR policy on this matter.
5.7 ORR Policies to Protect Sponsors from Fraud7/27/15Not Applicable
5.7.1 ORR Efforts to Help Prevent Fraud7/27/15Not Applicable
5.7.2 Responding to Fraud Attempts7/27/158/7/23, Effective 8/21/23  — Added that OIG must follow the case file request process to obtain case file records on fraud attempt cases it is investigating.
5.8 Reporting Child-Level Events and Program-Level Events8/31/15

3/21/16 - Clarified that an SIR must be filed for each child involved in an incident and multiple SIR Addendums may be required to provide all updated and additional information.

6/7/21 - Retitled section (previously Significant Incident Reports and Notification Requirements) and updated language to more clearly describe the purpose and various types of significant incident reports.

12/23/22 - Reiterate prohibition on staff threatening children with incident reporting.

08/02/23 - Adding reference to Child-Level Event, Historical Disclosures, Behavioral Notes, and SIR Triage Team

5.8.1 Emergency Incidents8/31/15

3/21/16 - Added the unauthorized absence of a child from a care provider to the category of emergency incidents.

6/7/18 - Added notification to DHS in death of a child cases.

7/22/19 - Added notification to Congressional officials in death of child cases.

6/7/21 - Revised the list of Emergency SIR categories. Emergency SIRs are not elevated to the FFS Supervisor instead of the ORR Intakes Hotline.

08/02/23 - Adding reference to Child-Level Event, Historical Disclosures, Behavioral Notes, and SIR Triage Team

5.8.2 Significant Incidents8/31/15

3/21/16 - Added potential fraud schemes and any type of non-emergency incident that endangers the safety and well-being of a minor to the list of significant incidents that must be reported to ORR.

6/7/18 - Added definition of SIRs that are incidents of violence.

6/7/21 - Revised the list of SIR categories and changed the reporting timeframe to 24 hours.

7/12/21 - PSAC does not have the capacity to receive reports of all sexual abuse and sexual harassment occurring outside of ORR care other than in DHS custody. This change will make Section 5.8.2 consistent with the quick reference chart in Section 4.10.2.

8/02/23 - Clarified definitions and added reference to SIR Triage Team

2/9/24 - Updates regarding the process of reporting fraud-related Significant Incidents to ORR and elevation of those incidents to HHS OIG.

5.8.3 Program-Level Events6/7/21

7/12/21 - SA/SIRs can only be completed when there is an associated UC to link to the SA/SIR in the Portal. The only way to report an incident without associating with a UC is to submit a program level event. PSAC has been receiving a lot of reports of allegations of staff sexual abuse of children without an associated victim, particularly from the EIS. PSAC has told programs to report this information as a PLE. This will bring the policy with current reporting practices.

08/02/23 - Added reference to SIR Triage Team; technical revisions

5.8.4 SIR Addendums8/31/15

3/21/16 - Added requirement to submit SIR Addendums within 24 hours.

6/7/21 - Renumbered section (previously 5.8.7) and added requirement to update PLE Reports with new information within 24 hours.

5.8.5 Elevation of Emergencies, Significant Incidents, and Program-Level Events8/31/15

3/21/16 - Added an unauthorized absence of a minor from a care provider and any situation which is reasonably likely to require ORR leadership oversight or escalation to ACF and/or HHS leadership to the list of incidents that should be elevated within ORR.

6/7/21 - Retitled and renumbered section (previously 5.8.9 Elevation of Emergencies and Serious Incidents). ORR staff will now elevate the types of incidents listed in this section to their immediate supervisor, rather than directly to the Senior FFS Supervisor. Revised the list of ORR leadership staff to whom the types of incidents listed in this section are elevated and included a quick reference chart. Added language on how ORR staff must elevate cases of a potential infectious disease outbreaks.

08/02/23 - Added reference to SIR Triage Team; technical revisions

5.8.6 Allegations of Sexual Abuse in ORR Care8/31/156/7/21 - Retitled and renumbered section (previously 5.8.3 Allegation of Sexual Abuse and Harassment in ORR Care).
5.8.7 Allegations of Child Abuse in DHS Custody8/31/15

9/29/15 - Replaced “OIG” with “DHS/CRCL”

3/21/16 - Revised the reporting policy to DHS to require reporting allegations of sexual abuse to CRCL, CBP, and ICE by emailing a copy of the SIR
 

6/7/21 - Retitled and renumbered section (previously 5.8.4 Allegations of Abuse that Occurred in DHS Custody). Revised to be inclusive of all types of child abuse as defined under 34 U.S.C. § 20341. Changed process through which allegations are reported to DHS.

08/02/23 - Added reference to Historical Disclosures; technical revisions

5.8.8 Reporting SIRs and Historical Disclosures to DHS8/2/18

6/7/21 - Renumbered section (previously 5.8.5). Added requirement that care providers must not include clinical or mental health information in SIRs that are reported to DHS unless required by mandatory reporting laws. Removed Incidents of Violence by a Child as a type of incident that care providers must report to DHS. Removed Alleged or Suspected Fraud and Gang-related Activity as types of incidents that FFS must report to DHS.

10/21/21 - Added requirement for care providers to report facility evacuations that result in the relocation of UC to another facility to DHS.

08/02/23 - Added reference to Historical Disclosures and SIR Triage Team; technical revisions

5.8.9 Allegations of Past Abuse that Occurred Outside the U.S.8/31/15

6/7/18 - Changed section to Reporting SIRs to DHS and added table of notifications to DHS for specific SIRs.

6/7/21 - Renumbered section (previously 5.8.6).

08/02/23 - Added reference to Historical Disclosures and SIR Triage Team

5.8.10 Allegations of Past Abuse that Occurred Inside the U.S.8/31/15

6/7/21 - Renumbered section (previously 5.8.7). Added language regarding duplicate reporting in situations where State licensing or CPS report allegations directly to local law enforcement.

08/02/23 - Added reference to Historical Disclosures and SIR Triage Team

5.8.11 Notification to Attorneys, Legal Representatives, Child Advocates, Families, and Sponsors8/31/15

3/21/16 - Added a section to notify attorneys/legal representatives, child advocates, families, and sponsors of any type of abuse or neglect and any unauthorized absences.  Added that parents and legal guardians be notified of hospitalizations and serious medical services.

6/7/21 - Renumbered section (previously 5.8.8) and added quick reference charts.

08/02/23 - Updated processes for referrals to legal service providers, attorneys of record, and child advocates; technical revisions

5.8.12 Behavioral Notes and Historical DisclosuresN/A08/02/23 - Created new section on Behavioral Notes and Historical Disclosures
5.9 Protecting the Privacy and Confidentiality of UC Information10/30/17

5/31/2022-Previous Section 5.9 Sharing Information with Local Communities is superseded with new Section 5.10.4 Sharing  Information with State and Local Governments. New Section 5.9 Protecting the Privacy and Confidentiality of UC Information outlines privacy protections for UC Information.

8/7/23, Effective 8/21/23  — Added a definition of UC program records.

5.9.1 Requirement to Inform Children of Limits to Confidentiality5/31/22

08/02/23 - Technical revisions

8/7/23, Effective 8/21/23  — Added that the Disclosure Notification must be reviewed again whenever a child is transferred. Added that investigative agencies must request any medical records through the case file request process for missing children cases and the UC Program Director must approve their release before they are sent.

5.9.2 Protecting Confidentiality of Mental Health and Medical Records  5/31/22Not applicable
5.10 Information Sharing5/31/22

08/02/23 - Technical revisions

8/7/23, Effective 8/21/23  — Summarized additional information added within 5.10.

5.10.1 UC Case File Request Process5/31/228/7/23, Effective 8/21/23  — Specified that representatives of other government agencies must include the scope of their investigation and a case number when requesting case files. Added sub-numbering within 5.10.1. Added that ORR may share a photograph of the child can be shared without an authorizing signature from the child. Added categories of records for which ORR may follow an expedited release of case files.
5.10.2 Limits to Sharing Information with DHS and EOIR5/31/228/7/23, Effective 8/21/23  — Added that information on a child could be shared to facilitate sponsors’ participation in Legal Orientation Programs for Custodians at EOIR. Added that ORR may provide a photograph of a UC
5.10.3 Information Sharing with LSPs, Attorneys of Record, and Child Advocates5/31/228/7/23, Effective 8/21/23  — Clarified that legal service providers can receive additional case files through the case file request process. Added details on case management updates care providers must provide legal service providers and other stakeholders. Added encouragement that LSPs and attorneys of record seek permission from the child to share updates with the child’s case manager.
5.10.4 Information Sharing with State and Local Governments5/31/228/7/23, Effective 8/21/23  — Renamed the section from “Information Sharing with State and Local Governments.” Added the ORR may enter into agreements with other child welfare agencies.
5.10.5 Information Sharing on Separated Children5/31/228/7/23, Effective 8/21/23  — Renamed sub-section “Communication with LSPs” to “Communication with LSPs, Attorneys of Record, and Child Advocates”
5.10.6 Information Sharing with the National Center for Missing and Exploited Children (NCMEC)10/30/178/7/23, Effective 8/21/23  — Renamed from “Information Sharing with the National Center for Missing and Exploited Children (NCMEC).” Added policy allowing ORR to share some information with investigating agencies without going through the full case file request process if they are investigating a missing children’s case. Added that the child’s address can be shared with NCMEC or an investigating agency without going through the full case file process. Added the new process for requesting telephone and visitor logs. Specified the process for requesting other case files for missing children, including medical or mental health files.
5.10.7 Information Sharing with Investigative Agencies8/7/23, Effective 8/21/23Not Applicable
Section 6: Post-Release Services6/15/1610/6/23, Effective 1/1/24  — Renamed the section from “Resources and Services Available After Release from ORR Care.”
6.1 Overview of Post-Release Services6/15/16

9/11/17 - Expands information about post release services including defining levels of service, areas of service, and timeframes for services.

10/6/23, Effective 1/1/24  — Updated to reflect PRS expansion. Renamed the section from “Summary of Resources and Services Available After Release from ORR Care.” Replaced Safety and Well Being Follow-Up Call with Section 6.3 Level One (1) PRS — Virtual Check-ins; also addressed in Section 2.8.4 Safety and Well Being Follow Up Call. Moved ORR National Call Center guidance to 6.8.6 Notifications of Concern and footnote regarding other functions of ORR National Call Center to Section 1.5.1. Moved UAC Sexual Abuse Hotline guidance to 6.8.6 Notifications of Concern; also addressed in Section 4.10.5.

Moved Notification of Concern guidance to 6.8.6 Notifications of Concern.

6.2 PRS Service Provision Policies9/11/1710/6/23, Effective 1/1/24  — Updated to reflect PRS expansion. Renamed the section from “Post Release Services.” Moved and updated the list of services into Sections 6.2.5-6.2.13 and moved other guidance into Sections 6.1 Overview of Post-Release Services, 6.2.3 Assessments and 6.8.6 Notifications of Concern.
6.2.1 Referrals and Eligibility9/11/17

2/1/23 - Added a requirement that PRS providers must conduct the initial engagement in-person. If there are no safety concerns, providers may conduct subsequent engagements either in-person or virtually, but must complete an in-person home visit at least two times before case closure.  For engagements that are required to be in-person, PRS providers may request approval on a case-by-case basis from ORR to conduct the engagement virtually in the event of exceptional circumstances where conducting the engagement virtually would be in the best interest of the child.

10/6/23, Effective 1/1/24  — Updated to reflect PRS expansion. Renamed the section from “Levels of Post Release Services.” Updated guidance and moved into Sections 6.2 PRS Service Provision Policies, 6.2.3 Assessments, 6.4 Level Two (2) PRS — Case Management Services, and 6.5 Level Three (3) PRS — Intensive In-Home Engagements.

6.2.2 Prioritization of Services9/11/1710/6/23, Effective 1/1/24  — Updated to reflect PRS expansion. Renamed the section from “Post Release Service Areas.” Updated service areas and moved to Sections 6.2.5-6.2.13. Incorporated reporting guidance into Sections 6.3-6.6 and 6.8 Records and Reporting.
6.2.3 Assessments9/5/1810/6/23, Effective 1/1/24  — Updated to reflect PRS expansion. Renamed the section from “Timeframe for Post Release Services.” Incorporated timeframe guidance into Sections 6.3-6.6.
6.2.4 Assessing Risk and Protective Factors in Children7/12/1610/6/23, Effective 1/1/24  — Updated to reflect PRS expansion. Renamed the section from “Post Release Service Providers: Case Reporting.” Incorporated reporting guidance into Section 6.8 Records and Reporting.
6.2.5 Finding and Accessing Legal Services7/12/1610/6/23, Effective 1/1/24  — Updated to reflect PRS expansion. Renamed the section from “Post-Release Service Records Management, Retention and Information Sharing.” Incorporated records guidance into Section 6.8 Records and Reporting.
6.2.6 Education and English Language Classes10/6/23, Effective 1/1/24Not Applicable
6.2.7 Medical and Behavioral Healthcare10/6/23, Effective 1/1/24Not Applicable
6.2.8 Youth Programming10/6/23, Effective 1/1/24Not Applicable
6.2.9 Services Related to Cultural and Other Traditions10/6/23, Effective 1/1/24Not Applicable
6.2.10 Supporting Integration and Independence10/6/23, Effective 1/1/24Not Applicable
6.2.11 Services for Children Requiring Special Consideration10/6/23, Effective 1/1/2412/20/23, Effective 1/1/24  — Added cross reference to Section 3.5.6.
6.2.12 Innovative Strategies and Evidence-Based Interventions10/6/23, Effective 1/1/24Not Applicable
6.2.13 Interpretation10/6/23, Effective 1/1/24Not Applicable
6.3 Level One (1) PRS — Virtual Check-ins10/6/23, Effective 1/1/24Not Applicable
6.4 Level Two (2) PRS — Case Management Services7/12/16Updated to reflect PRS expansion. Renamed the section from “ORR National Call Center.”  Moved ORR National Call Center guidance to 6.8.6 Notifications of Concern and footnote regarding other functions of ORR National Call Center to Section 1.5.1.
6.5 Level Three (3) PRS — Intensive In-Home Engagements10/6/23, Effective 1/1/24Not Applicable
6.6 TVPRA Legally-Mandated Cases10/6/23, Effective 1/1/24Not Applicable
6.7 Personnel Requirements for Post-Release Providers10/6/23, Effective 1/1/24Not Applicable
6.7.1 Qualifications and Licensure Medical and Behavioral Healthcare10/6/23, Effective 1/1/24Not Applicable
6.7.2 Background Checks10/6/23, Effective 1/1/24Not Applicable
6.7.3 Core Competencies and Training Requirements10/6/23, Effective 1/1/24Not Applicable
6.7.4 Supervision10/6/23, Effective 1/1/24Not Applicable
6.7.5 Mandated Reporting10/6/23, Effective 1/1/24Not Applicable
6.7.6 Grievances10/6/23, Effective 1/1/24Not Applicable
6.7.7 Code of Ethics10/6/23, Effective 1/1/24Not Applicable
6.7.8 Social Media10/6/23, Effective 1/1/24Not Applicable
6.8 Records and Reporting10/6/23, Effective 1/1/24Not Applicable
6.8.1 Reporting to ORR10/6/23, Effective 1/1/24Not Applicable
6.8.2 Case Files10/6/23, Effective 1/1/24Not Applicable
6.8.3 Records Management and Retention10/6/23, Effective 1/1/24Not Applicable
6.8.4  Records Requests10/6/23, Effective 1/1/24Not Applicable
6.8.5 Privacy10/6/23, Effective 1/1/24Not Applicable
6.8.6  Notifications of Concern10/6/23, Effective 1/1/24Not Applicable
6.8.7  Case Closures10/6/23, Effective 1/1/24Not Applicable
6.9  Records Requests10/6/23, Effective 1/1/24Not Applicable
6.9.1  Monitoring Activities10/6/23, Effective 1/1/24Not Applicable
6.9.2  Follow Up and Corrective Actions10/6/23, Effective 1/1/24Not Applicable
6.9.3  Sub-Contract Monitoring10/6/23, Effective 1/1/24Not Applicable
6.9.4  PRS provider Internal Program Monitoring, Evaluation, and Quality Assurance10/6/23, Effective 1/1/24Not Applicable
Section 7: Policies for Influx Care Facilities9/18/19 
Preamble9/18/19 
7.1 Overview9/18/19 
7.2 Placement into Influx Care Facilities9/18/19 
7.2.1 Criteria for Placement9/18/19 
7.2.2 Operational Capacity9/18/19 
7.3 Transfers during an Influx9/18/19 
7.4 Influx Care Facility Admissions and Orientation9/18/19 
7.5 Influx Care Facility Required Services9/18/19 
7.5.1 Influx Care Facility Minimum Services9/18/19 
7.5.2 Influx Care Facility9/18/19 
7.6 Temporary Waivers for Influx Care Facilities9/18/19 
7.7 Influx Care Facility Staffing Levels9/18/194/14/22 - Clarification was added for ICF to follow case manager staffing ratio of one (1) case manager to every eight (8) children; appropriations citations were added; and the FY2016 waiver language in footnote was removed.
7.8 Influx Care Facility Federal Staffing Plan9/18/19 
7.9 Requests to Visit Influx Care Facilities9/18/19 
7.10 Influx Care Facility Monitoring9/18/19 
7.11 Agreements with Federal, State, and/or Local Security Providers9/18/19