ORR Unaccompanied Children Program Policy Guide: Section 6
Post-Release Services
6.1 Overview of Post-Release Services
After the Office of Refugee Resettlement (ORR) releases an unaccompanied child1 from its care and custody to a sponsor, ORR provides post-release services (PRS) to facilitate a continuum of care and provide support for children transitioning into their new communities. ORR’s PRS program is governed by the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 USC § 1232(c)(3)(B)) and these PRS policies. Under ORR policy, all released children are eligible to receive PRS. Children are legally-mandated to receive PRS in cases where the child’s sponsor was subject to a mandatory home study by the Trafficking Victims Protection Reauthorization Act (TVPRA) of 20082or by ORR policy (See ORR Policy Guide Section 2.4.2 Home Study Requirement).
ORR provides three levels of PRS: 1) Level One — Virtual Check-ins; 2) Level Two - Case Management Services - referrals and connection to community resources; and 3) Level Three - Intensive In-home Engagements — intensive services if needed for specific challenges. These services are offered by a network of ORR-funded non-profit providers across the United States. ORR requires the use of evidence-based child welfare best practices that are culturally- and linguistically- appropriate to the unique needs of each child and are grounded in a trauma-informed approach. PRS providers may help released children find and access legal services, education and English language classes, medical and behavioral health care, positive youth programming, and more.
Children released from the care and custody of ORR into the community need physical and emotional safety; access to services and support that meet their individual needs and allow them to cultivate and preserve family and community relationships; and protection from abuse, abandonment, neglect, and other harm.
PRS providers are responsible for assessing for safety and providing psychoeducation to released children and their sponsor families on the impact of prolonged separation from their families, significant changes to family composition and functioning, trauma from community or family violence, and more in order to maintain a safe and stable home.
At each level of PRS, the PRS provider must ensure that all required contacts with the released child and sponsor are conducted both individually and together, unless the child’s Category 2A, 2B, or 3 sponsor chooses to disengage from these services (See Section 2.2.1 Identification of Qualified Sponsors). PRS are not mandatory; once a child is released to a sponsor, they are no longer in the custody of ORR. If a child’s Category 2A, 2B, or 3 sponsor chooses to disengage from PRS and the child wishes to continue receiving PRS, ORR may continue to make PRS available to the child through coordination between the PRS provider and the ORR Project Officer (PO). In any circumstance where a released child is at risk of harm or there is a present safety concern, the PRS provider must submit a Notification of Concern to ORR (See Section 6.8.6 Notifications of Concern). Additional details on types of harm, including human trafficking, abuse, disappearance, organized crime, and special circumstances, that warrant a Notification of Concern, can be found in Section 6.8.6.
In all cases, PRS may be provided for the pendency of the released child’s immigration case but must end upon receipt of lawful immigration status, an order of removal, or when the released child turns 18 years of age.
6.2 PRS Service Provision Policies
This section details eligibility requirements and the levels of PRS, as well as policies for PRS providers. PRS cover three areas of support:
- Level One (1) - Virtual Check-ins (See Section 6.3)
- Level Two (2) - Case Management Services (See Section 6.4)
- Level Three (3) - Intensive In-home Engagements (See Section 6.5)
A released child may move between levels of PRS depending on the needs and circumstances of the child and their sponsor family, as determined by the PRS provider through regular and repeated assessments. If the PRS provider determines a child and their sponsor should receive a higher or lower level of PRS than they are receiving, the PRS provider should make the referral internally. If the PRS Provider lacks capacity to accept a higher referral, ORR will facilitate transfer of cases between PRS providers with capacity to accept the higher referral to avoid service disruption.
Revised 10/6/23, Effective 1/1/24
6.2.1 Referrals and Eligibility
ORR may fund PRS to any child released from the care and custody of ORR to a sponsor. The ORR care provider program makes referrals to PRS while the child is still in ORR’s custody. ORR may, at its discretion, also refer a released child to PRS at any point during the pendency of the child’s immigration case and while the child is under age 18, if it becomes aware (e.g., through a NOC, or a call to the National Call Center) of a situation warranting such referral. In that event, ORR would require the relevant PRS provider to follow up with the child and assess whether PRS would be appropriate. ORR will determine the appropriate level for which to refer all children to PRS, i.e., Level One (1), Two (2), and/or Three (3)—depending on the needs and the circumstances of the case, and will make PRS referrals accordingly.
Children who are legally mandated to receive PRS will be referred automatically for Level Two (2) — Case Management Services and/or Level Three (3) — Intensive In-Home Family Engagement.
ORR will not delay the release of the child if there is a referral delay or a waitlist for PRS, unless there is a determination that the sponsor would not be able to suitably care for the physical and mental well-being of the child if PRS were not in place at the time of release. If there is a waitlist for referrals of legally-mandated PRS for children to receive Level Two and/or Level Three PRS, ORR will release affected children with referrals for Level One (1) PRS - Virtual Check-ins, which they will be able to receive while their referrals for higher levels of PRS are pending with the PRS provider.
Revised 10/6/23, Effective 1/1/24
6.2.2 Prioritization of Services
In times where there is a high volume of referrals for PRS and ORR has created a waitlist as a result, providers will prioritize serving released children in the following order:
- Tender-age children (0-12 years of age) who meet criteria to receive legally-mandated PRS;
- Children turning 18 years of age within 2 months who meet criteria to receive legally-mandated PRS;
- Children (13-17 years of age) who meet criteria to receive legally-mandated PRS;
- All other tender-age children (0-12 years of age);
- All other children turning 18 years of age within 2 months; and
- All other children (13-17 years of age).
ORR reserves the right to prioritize children for PRS outside of the order listed above, based on emergent needs, unique circumstances, or other issues.
If there is a waitlist for referrals of legally-mandated PRS for children to receive Level Two and/or Level Three PRS, children will receive Level One (1) PRS — Virtual Check-ins while they are pending referral acceptance for Level Two (2) and/or Level Three (3) PRS.
6.2.3 Assessments
ORR determines the appropriate level for which to refer all children to PRS depending on the needs and the circumstances of the case. PRS providers are then responsible for conducting regular and repeated assessments of the released child and sponsor to affirm the level and intensity of PRS that should be provided in direct response to the released child’s and sponsor’s needs. For Level One (1) PRS, the PRS provider assesses whether the child is healthy and safe and whether the child needs a higher level of PRS. For Level Two (2) and Level Three (3) PRS, the PRS provider must conduct an age-appropriate comprehensive assessment to understand the levels of need for the following: sponsor family functioning, legal services, education, medical care, behavioral healthcare (including substance abuse, mental health, and overall well-being), support appropriate for a child’s personal belief system, healthy relationships, food and material goods security (e.g., adequate clothing for each season), transportation, housing, and any special circumstance.
If the PRS provider determines a child and their sponsor should receive a higher or lower level of PRS than they are receiving, the PRS provider should make the referral internally so children and their sponsors seamlessly scale the different PRS levels after each assessment.
Typically, the assessment is started during the first virtual check-in or in-home visit and then at periodic intervals as determined by the PRS provider’s policies. The assessment must be developmentally appropriate, trauma-informed and focused on the needs of the child and sponsor. The assessment must be documented in the released child’s PRS case file.
PRS providers must also assess the sponsors’ ability to access community resources and review the Sponsor Care Agreement with them to ensure compliance with the agreement.
Revised 10/6/23, Effective 1/1/24
6.2.4 Assessing Risk and Protective Factors in Children
After ORR’s determination of the appropriate level for which to refer all children to PRS, PRS providers are responsible for regularly and repeatedly assessing risk and protective factors in released children to inform their service provision. PRS providers must help to educate children and their sponsor families on identifying risks and red flags that may lead to child exploitation; sex and labor trafficking; substance abuse; physical, emotional, or sexual abuse3; coercion by gangs or gang affiliation; or other situations where the child would be in danger or at risk of harm.
PRS providers must also work with the child and sponsor family to identify their unique protective factors and tailor PRS accordingly, with the goals of building up the child’s resilience, fostering well-being, and promoting healthy development.
In any circumstance where a released child is at risk of harm or there is a present safety concern, the PRS provider must submit a Notification of Concern to ORR (See Section 6.8.6 Notifications of Concern). Additional details on types of harm, including human trafficking, abuse, disappearance, organized crime, and special circumstances, that warrant a Notification of Concern, can be found in Section 6.8.6.
In the event that the PRS provider cannot reach the child or sponsor family, and there is a safety concern related to potential child abuse, maltreatment, or neglect, the PRS provider must follow the mandated reporter guidelines for the locality in which they are providing services, which may involve contacting local law enforcement and requesting a well-being check on the child, in addition to submitting a Notification of Concern.
For Level Two (2) and Level Three (3) PRS, PRS providers assist released children in accessing and connecting with the core community-based services listed below (See Section 6.2.5-6.2.13). If the PRS providers identify a need for these services at Level One (1) PRS, they refer the child for Level Two (2) or Level Three (3) PRS.
6.2.5 Finding and Accessing Legal Services
PRS case managers ensure the sponsor has a plan for the child to attend all immigration proceedings and educate the child and sponsor family on compliance with those proceedings.
PRS case managers also refer released children to legal services for other immigration-related matters and/or juvenile justice issues, if needed.
For sponsors who do not have legal guardianship of the children in their care, the PRS case manager refers them to legal services that can assist with the process of establishing guardianship with a local court in a reasonable timeframe, according to the Sponsor Care Agreement (See Section 2.8.1 After Care Planning). Guardianship establishes a legal relationship between sponsor (who is not the parent or legal guardian) and the released child and allows for the sponsor to make certain decisions for the child under their care.
Revised 10/6/23, Effective 1/1/24
6.2.6 Education and English Language Classes
For released children who are within a State’s age requirements for mandatory school attendance, the PRS case manager educates the child and sponsor family on schooling options, educational supports (e.g., special education services), and school requirements and assists with the school enrollment process, including obtaining records of the child’s previous schooling, if available and necessary. The PRS case manager serves as an initial liaison between the family and the school if barriers exist that would prohibit the sponsor from communicating directly with the school. The PRS case manager also reviews the minor’s educational progress and psychosocial well-being in school and offers additional referrals and resources (e.g., after-school tutoring, school counselor, school social worker, etc.) when needed.
For released children who exceed a State’s minimum age requirement for mandatory school attendance, the PRS case manager educates the child and sponsor family on available alternative education options (e.g., community college, General Education Diploma classes, etc.) and assists them in obtaining records of the child’s prior education, if needed and available.
The PRS case manager also informs all minors who are English language learners or those with limited literacy skills of the availability of local English language classes, if not readily available within the child’s school setting, and assists them with enrollment.
Posted 10/6/23, Effective 1/1/24
6.2.7 Medical and Behavioral Healthcare
PRS case managers must assess for the medical and behavioral health needs of released children in their caseload by applying understanding of the physical and psychological impacts of forced displacement, migration, and childhood trauma, as well as the stages of child and adolescent development.
PRS case managers may provide referrals to community health centers and healthcare providers. Released children may require primary pediatric care, physical therapy, dental services, mental healthcare, substance abuse services, individual or family counseling, treatment for behavior disorders, or other specialized services, such as pre- or postnatal care.
PRS case managers may also inform released children and sponsor families of medical insurance options, including supplemental coverage, and assist them in obtaining insurance, if possible, so that the family is able to effectively manage the child’s health-related needs. The PRS case manager, when appropriate and as needed, acts as a liaison between the medical or behavioral healthcare provider, facilitating communication about the child’s prescribed treatment plan and appointments.
Trauma
Released children require special consideration for their particular vulnerability as unaccompanied children with adverse childhood experiences4 (ACEs), including separation from family, exposure to household and community violence, torture,5 neglect, sexual abuse, and more. PRS case managers may need to connect them, along with their sponsor family, with specialized services and provide psychoeducation on trauma and on the short- and long-term effects of ACEs on the child and family.
Pregnant or Parenting Children
For released children who are pregnant or parenting, PRS case managers must assist the released child with enrollment in medical insurance, as eligible and applicable under State statute, and provide referrals to community-based resources to support the released child with birthing, parenting, breastfeeding, childcare, Early Childhood Development, Head Start or other appropriate school enrollment, and Early Intervention planning, as applicable, based on their assessed needs. If the child is eligible, the PRS case manager must also assist with enrollment in the Special Supplemental Nutrition Program for Women, Infants and Children (WIC). The PRS case manager may also assist with applying for a passport for the released child’s baby.
Infectious Diseases
For released children who are diagnosed with an infectious disease which requires long-term medical services, PRS case managers must refer them to appropriate medical care and notify ORR at DCSMedical@acf.hhs.gov.
Posted 10/6/23, Effective 1/1/24
6.2.8 Youth Programming
PRS case managers must apply an understanding of the intersection of child and adolescent development and the educational, familial, and community responsibilities of living in a bilingual and bicultural context when assisting released children in accessing youth programming in their schools, places of worship, or in the community that will help them create connections in their new communities and learn how to build safe and healthy relationships with others.
PRS case managers may refer and connect released children to youth mentoring, tutoring, afterschool and vocational programs, sports clubs, STEM (Science, Technology, Engineering, Math) clubs, art and drama classes, volunteer opportunities, and others, as appropriate to the child’s age, needs, and interests.
Posted 10/6/23, Effective 1/1/24
6.2.9 Services Related to Cultural and Other Traditions
Released children, who arrived in the United States predominantly from the Northern Triangle countries of Central America (i.e., El Salvador, Guatemala, and Honduras), represent a rich array of cultures, traditions, practices, and beliefs. PRS case managers may help connect children with communities, groups, and activities that foster the growth of their personal beliefs and practices and that celebrate their cultural heritage.
Posted 10/6/23, Effective 1/1/24
6.2.10 Supporting Integration and Independence
PRS case managers must provide a comprehensive orientation to released children on their new communities, including providing information to help them navigate their new communities safely (e.g., using public transportation, how and when to contact the police, where to find the nearest emergency room, how to access community gardens, etc.).
For released adolescents who are approaching or at the minimum age for employment and have legal authorization to work in the United States, PRS case managers must provide guidance on employment rights and laws, job readiness (e.g., applying for jobs and filling out job applications), workforce development trainings, and basic financial literacy.
For those who will soon age out of ORR’s PRS program when they turn 18 years, PRS case managers will work cooperatively with the child on a post-18 year transition plan and help to educate them on the rights, responsibilities, and opportunities of adulthood in the United States.
Posted 10/6/23, Effective 1/1/24
6.2.11 Services for Children Requiring Special Consideration
All children described below require special consideration of their case-specific needs and will be referred for Level Two (2) and possibly Level Three (3) PRS. A case-by-case review may determine that such a child only needs Level One (1) PRS, but PRS providers should clearly document their reasoning in these instances and never provide only Level One (1) PRS due to lack of resources.
Children with Individualized Needs
A child with individualized needs is a child whose mental and/or physical condition requires special services and/or treatment by PRS providers. A released child’s individualized needs may be due to drug or alcohol abuse, serious emotional disturbance, mental illness, intellectual disability, or a physical condition or chronic illness that requires special services or treatment. A released child who has suffered serious neglect, abuse, or other harm may also be considered to have individualized needs if the child requires specialized services or treatment as a result of long-term impacts of trauma.
Children with Disabilities
Children with disabilities, as defined by section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102), must have an equal opportunity to participate in PRS so that they may receive referrals and connection to appropriate services in their communities. All PRS for disabled children must meet the requirements in Section 504 of the Rehabilitation Act of 1973.6
LGBTQI+ Children
ORR recognizes that lesbian, gay, bisexual, transgender, questioning, or intersex (LGBTQI+) and gender non-conforming or nonbinary children may have unique needs and concerns or require access to specialized services, all of which should be addressed as part of their PRS care. PRS providers must treat released children who identify as LGBTQI+ and/or gender non-conforming or nonbinary fairly and provide inclusive, safe, and nondiscriminatory services. PRS providers may not refer LGBTQI+ and gender non-conforming or nonbinary children in their caseload to sexual orientation and gender identity (SOGI) change efforts. (See Section 3.5.6 Prohibition on Sexual Orientation and Gender Identity Change Efforts.) PRS providers must maintain the privacy and confidentiality of information concerning sexual orientation and the gender identity of children in their caseload. (See Section 5.10 Information Sharing) ORR requires the use of the child’s chosen name/pronoun in accordance with the child’s self-determined gender identity.
Adjudicated Youth and Youth at High Risk of Involvement with the Juvenile Justice System
An adjudicated unaccompanied child is one who has been adjudicated by a judge in a State juvenile court and has been found guilty of having committed a delinquent act, defined as an act committed by a juvenile for which an adult could be prosecuted in a criminal court (Please refer to the U.S. Department of Justice’s Office of Juvenile Justice and Delinquency Prevention for more information on the juvenile justice system and its definitions).
Adjudicated unaccompanied children may be referred to ORR by other federal entities. These youth may be sheltered, for a time, in an ORR secure care provider.
PRS providers must ensure adjudicated youth receiving PRS receive a specialized case management approach that focuses on the following protective factors: building supportive family relationships, healthy friendships, academic achievement, self-esteem, and empathy. In addition to community-based services, PRS providers, if appropriate, must refer and attempt to connect adjudicated youth, and those at risk of entering the juvenile justice system, to organizations that use evidence-based practices aimed at the following: delinquency prevention, gang prevention or intervention, substance abuse prevention or treatment, mentoring, anger management, stress reduction, conflict resolution, family counseling, recovery from childhood trauma, rehabilitation services, if available, and/or other similar service areas. In addition to services referrals required for all released children receiving PRS, such as finding and accessing legal services (see Section 6.2.5).
PRS case managers should review the terms of any parole and probation, court-ordered services, and any restraining orders or orders of protection so that the minor understands what is required to remain in full compliance and to reduce the chances of recidivism.
Separated Children
Children who were separated from their parents or legal guardians at the U.S. — Mexico border pursuant to the former zero tolerance policy, as defined by section 7 of Executive Order 14011 of 2021, or related policies, and their eligible family members, may be eligible to receive federally-funded family reunification services (e.g., mental health treatment and other services) to address the effects of their forced separation. As applicable, ORR’s PRS providers should collaborate with the contractor that is coordinating and implementing services for separated children and their families to ensure that there is no duplication of services and that the needs of the children are being appropriately addressed.
Human Trafficking
Children who are victims of human trafficking are eligible for certain services offered by the Office on Trafficking in Persons (OTIP) authorized by the TVPRA. OTIP issues Eligibility Letters and Interim Assistance Letters (as described in Section 3.3.3 Screening for Child Trafficking and Services for Victims) to eligible children, allowing them to access trafficking-specific case management services, medical services, food assistance, cash assistance, health insurance, and other services available to refugees. PRS providers should assist released children with applying for an OTIP Eligibility Letter and accessing the services provided. For more information about the program, please visit acf.hhs.gov/otip/victim-assistance/child-eligibility-letters; and the Child Eligibility Handout: https://www.acf.hhs.gov/sites/default/files/documents/otip/child_eligibility_handout.pdf (PDF).
Parolees
Children who entered the United States following a special operation (such as the Operation Allies Welcome) may have lawful presence in the United States, such as Humanitarian Parole, without lawful immigration status. PRS may be provided while the child seeks permanent immigration status. The PRS provider must consider the unique needs and eligibility of the released child as a parolee and assist with connecting the child with legal services and other benefits. In some cases, refugee benefits may be extended to these categories of released children. PRS providers should request additional information from their Project Officer, in addition to referencing ORR’s policies, procedures, and additional guidance.
Revised 12/20/23, Effective 1/1/24
6.2.12 Innovative Strategies and Evidence-Based Interventions
ORR encourages PRS providers to create opportunities to regularly meet with other PRS providers to share emerging, promising, and best practices and innovative strategies for working with released unaccompanied children. However, PRS providers must use evidence-based interventions in contexts where the intervention is known to effectively address a public health issue affecting children. The goal of evidence-based PRS service provision is to improve outcomes for children across all life domains as they form new relationships and settle into their new homes and communities.
Posted 10/6/23, Effective 1/1/24
6.2.13 Interpretation
Interpretation refers to the oral exchange of information and communication between two or more parties from one language into another.
Though Spanish is the predominant language spoken by children in the Unaccompanied Children Program, released children may speak other languages. PRS providers must make every effort to conduct PRS in the preferred language of the released child. If the PRS provider is not highly proficient in the child’s preferred language, they must use an interpreter. The PRS provider must refrain from having the child or a family member interpret for them.
Posted 10/6/23, Effective 1/1/24
All children released from ORR custody to a sponsor will be referred for Level One (1) PRS, except for children legally-mandated to receive PRS, and other children determined to need Level Two (2) or Level Three (3) PRS.
For Level One (1) PRS cases, the PRS caseworker conducts three virtual check-ins at seven (7) business days, fourteen (14) business days, and thirty (30) business days after the child’s release from ORR custody to a sponsor. During these three virtual check-ins, the PRS caseworker confirms that the child is residing with the sponsor, is enrolled in and attending school, is aware of upcoming court dates, and is healthy and safe.
PRS caseworkers must document the outcome of each virtual check-in in the child’s PRS case file, including if the PRS caseworker is unable to contact the sponsor or child after reasonable efforts have been exhausted.
If the PRS caseworker discovers that the released child’s placement has been disrupted or is at risk for disruption, or if the child and/or sponsor would benefit from additional support or services, the PRS provider will refer the case, as appropriate, for Level Two (2) and/or Level Three (3) PRS.
If the PRS provider believes that the child is unsafe, the PRS provider must comply with mandatory reporting laws, State licensing requirements, and Federal laws and regulations for reporting to local child protective agencies and/or law enforcement. The PRS provider must also submit a Notification of Concern, according to Section 6.8.6.
Case Closure
PRS for Level One (1) cases are terminated under the following conditions: 1) the three virtual check-ins (7-day, 14-day and 30-day) are completed and documented in the child’s PRS case file, and the PRS provider determines that no further PRS are needed; 2) the released child turns 18 years of age; or 3) the sponsor of the released child chooses to disengage from these services. If a child’s Category 2A, 2B, or 3 sponsor chooses to disengage from PRS and the child wishes to continue receiving PRS, ORR may continue to make PRS available to the child through coordination between the PRS provider and the assigned ORR Project Officer (PO). In any circumstance where a released child is at risk of harm or there is a present safety concern, the PRS provider must submit a Notification of Concern to ORR (See Section 6.8.6 Notifications of Concern). Additional details on types of harm, including human trafficking, abuse, disappearance, organized crime, and special circumstances, that warrant a Notification of Concern, can be found in Section 6.8.6.
Posted 10/6/23, Effective 1/1/24
For Level Two (2) PRS, the PRS case manager provides referrals and connections to community resources for the child and sponsor for six (6) months. PRS case managers are responsible for conducting assessments, creating strengths-based case management plans, assessing for progress and adherence to their case plan, writing case notes, record-keeping, and referring and connecting children to services in the community, based on the individual needs of the child.
Initial Contact
PRS case managers must make initial contact with the child and/or sponsor for Level Two (2) PRS within two (2) business days of a referral being accepted by the PRS provider. At the point of initial contact, the PRS case manager inquires about the welfare and whereabouts of the released child and sets a time and date for the first in-home visit.
First In-Home Visit
PRS case managers are required to make an in-home visit for Level Two (2) PRS within fourteen (14) business days of referral acceptance. The purpose of this visit is to conduct the initial comprehensive assessment of needs, assess for safety concerns and provide psychoeducation tailored to the child and sponsor’s needs; assess the sponsor’s ability to access community resources; review the Sponsor Care Agreement; and provide an overview of PRS, community-based services, and other resources. The PRS case manager must also inform the child and sponsor that PRS are not mandatory and that their participation in these services is voluntary.
Ongoing Check-Ins and In-Home Visits
Ongoing contact with the released child and sponsor should be determined by the level of need and support required, in consultation with the released child and sponsor. After the first in-home visit, PRS case managers must make monthly visits for six (6) months. Monthly visits may occur in-person or, if there are no safety concerns, virtually. At minimum, in-person contact in sponsor’s home must be established every 90 calendar days.
For engagements that are required to be in-person, PRS providers may request approval on a case-by-case basis from ORR Project Officer 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.
In-person visits can be in the child’s home, the PRS provider’s office, or a community setting (such as a library, park, eatery, etc) depending on the circumstances and needs of the family. PRS case managers must document all ongoing check-ins and in-home visits, as well as document progress and outcomes of their home visits in the child’s PRS case file.
If the PRS case manager is unable to reach the child or sponsor by phone through reasonable attempts or if the child or sponsor decline an in-home visit, the PRS case manager should document all attempts made and the reasons, if known, for why contact was not made or services were declined (e.g., child is safe and secure and no longer requires services, sponsor’s working schedule conflicts with case manager’s schedule for an in-home visit, etc.).
Case Closure
PRS for Level Two (2) cases are terminated under the following conditions: 1) the released child turns 18 years of age; 2) a PRS case manager assesses that Level Two (2) PRS are no longer needed; 3) the sponsor of the released child chooses to disengage from these services; or 4) PRS have been provided for six months following referral acceptance(See additional requirements for termination of PRS for TVPRA legally mandated cases in Section 6.6 TVPRA Legally-Mandated Cases. Thiry-day extensions of PRS are considered on a case by case basis by the Project Officer. If a child’s Category 2A, 2B, or 3 sponsor chooses to disengage from PRS and the child wishes to continue receiving PRS, ORR may continue to make PRS available to the child through coordination between the PRS provider and the ORR Project Officer (PO). In any circumstance where a released child is at risk of harm or there is a present safety concern, the PRS provider must submit a Notification of Concern to ORR (See Section 6.8.6 Notifications of Concern). Additional details on types of harm, including human trafficking, abuse, disappearance, organized crime, and special circumstances, that warrant a Notification of Concern, can be found in Section 6.8.6.
Referrals to Community Resources
Successful referrals depend on strong communication among the PRS case manager, the service provider, and the released child and their sponsor to establish trust, provide culturally responsive case coordination and care, and resolve barriers.
A PRS case manager must also work with released children and their sponsors so that they will be able to contact the service provider directly; make appointments; communicate effectively with their provider; ask for interpretation services, if needed; and understand the service’s costs, if applicable.
Referrals and their outcomes must be documented in the released child’s PRS case file.
In some Level Two (2) PRS cases, PRS case managers will determine that more targeted intensive case management services are needed and make referrals for Level Three (3) PRS (See Section 6.5 Level Three (3) PRS — Intensive In-Home Engagements).
Revised 10/6/23, Effective 1/1/24
6.5 Level Three (3) PRS — Intensive In-Home Engagements
Level Three (3) PRS is a higher level of intensive in-home services and engagement. Level Three (3) PRS is provided by PRS clinicians to released children and their sponsor families through a trauma-informed, intensive case management approach if the family needs additional support for specific challenges or special circumstances (e.g., medically or psychologically vulnerable children, family conflict or crisis, education-related issues, etc.). The intent of Level Three (3) PRS is to focus on stabilizing the family unit and the clinical intervention(s) utilized should be tailored to the needs of the family, connecting the released child and sponsor family with community-based services to address concerns that require long-term care (such as a mental health diagnosis). While PRS clinicians will generally provide Level Three (3) clinical services, PRS case managers may also provide some Level Three (3) PRS, depending on the needs of the case.
Initial Contact
A PRS clinician must make initial contact with the child and/or sponsor for Level Three (3) PRS within two (2) business days of a referral being accepted by the PRS provider. At the point of initial contact, the PRS clinician inquires about the welfare and whereabouts of the released child and sets a time and date for the first in-home visit.
Level Three (3) In-Home Visits
The PRS clinician conducts an initial in-home assessment within seven (7) business days of referral acceptance, followed by weekly in-person contacts for the first 45 to 60 calendar days, depending on the presenting needs of the released child and sponsor family.
Level Three (3) PRS is a targeted clinical intervention for released children and sponsor families in crisis. It involves crisis intervention, safety planning, a focus on family preservation, intensive case management and additional therapeutic support. Trauma-Focused Cognitive Behavioral Therapy (TF-CBT) is the most well-supported and effective treatment for children who have been abused or traumatized. TF-CBT helps children and caregivers process traumatic events and learn skills to promote emotional and behavioral stability.
Children and their sponsor families who are in need of intensive support may be living in uncertain and overwhelming circumstances and may not be aware of or have access to critical services to address their needs. PRS clinicians must have some expertise in areas where child welfare, immigration, and childhood trauma intersect in order to effectively address issues with the released child and their sponsor family (See Section 6.7.3 Core Competencies and Training Requirements).
Level Three (3) PRS interventions and outcomes must be documented in the released child’s PRS case file.
Additional Contacts
Following the initial period of weekly in-home visits, the PRS clinician will determine whether the released child and the sponsor family can be moved to monthly in-person or virtual contacts, conducted either by the PRS clinician or a PRS case manager. Once monthly contacts begin, they will continue until PRS have been provided for six (6) months from the original PRS referral acceptance. While Level Three (3) PRS is intended to be short-term, it may continue as long as necessary to stabilize the placement and ensure the safety of the child. Thirty-day extensions of PRS are considered on a case-by-case basis by the Project Officer.
For Level Three (3) PRS engagements that are required to be in-person, PRS providers may request ORR’s case-by-case approval 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.
Case Closure
PRS for Level Three (3) cases are terminated under the following conditions: 1) the released child turns 18 years of age; 2) a PRS clinician assesses that Level Three (3) PRS are no longer needed; 3) the sponsor of the released child chooses to disengage from these services; or 4) PRS have been provided for six (6) months following referral acceptance (See additional requirements for termination of PRS for TVPRA legally mandated cases in Section 6.6 TVPRA Legally-Mandated Cases. Thirty-day extensions of PRS are considered on a case by case basis by the Project Officer. If a child’s Category 2A, 2B, or 3 sponsor chooses to disengage from PRS and the child wishes to continue receiving PRS, ORR may continue to make PRS available to the child through coordination between the PRS provider and the ORR Project Officer (PO). In any circumstance where a released child is at risk of harm or there is a present safety concern, the PRS provider must submit a Notification of Concern to ORR (See Section 6.8.6 Notifications of Concern). Additional details on types of harm, including human trafficking, abuse, disappearance, organized crime, and special circumstances, that warrant a Notification of Concern, can be found in Section 6.8.6.
Posted 10/6/23, Effective 1/1/24
6.6 TVPRA Legally-Mandated Cases
For a released child who is legally mandated by TVPRA to receive PRS (see Section 6.2.1 Referrals and Eligibility), the PRS provider must start services within two (2) days of the child’s release from ORR custody. However, ORR does not delay the release of a child if PRS is not immediately available, unless the care provider case manager conducts an individualized assessment and determines that, given the particularized needs of the child, PRS must be in place to ensure a safe release. The case manager must document the specific reasons that PRS must be in place.
For a released child who is legally mandated by TVPRA to receive PRS (see Section 6.2.1 Referrals and Eligibility), Level Two (2) and/or Three (3) PRS may continue beyond the timeframes noted in sections 6.4 and 6.5.
For TVPRA legally-mandated cases, TVPRA requires PRS to be provided during the pendency of an unaccompanied child’s removal proceedings. Based on the needs of the child and case circumstances, PRS will be provided for a portion of or the entirety of the pendency of the immigration proceedings.
For TVPRA legally-mandated cases receiving Level Two (2) or Three (3) PRS, PRS case managers and/or clinicians 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, but must make at least two in-home visits within the first year of the child’s release, at or near six (6) months and one (1) year following release. If a TVPRA legally-mandated case has been active and engaged in services for more than a year and the PRS case manager and/or clinician has assessed that the risk levels with respect to concerns identified at 8 U.S.C. § 1232I(3)(B) are low and there are no other safety concerns (e.g., no concerns related to trafficking, disability-related needs, abuse, maltreatment, or exploitation, acute mental health crisis, placement disruption, etc.), the PRS case manager and/or clinician may limit their check-ins to a quarterly or biannual basis, based on the circumstances of the individual child and sponsor family.
Case Closure
PRS for TVPRA legally-mandated cases must end if: 1) the child turns 18; 2) the child is granted voluntary departure or immigration status or the child receives an order of removal, regardless of the case type; or 3) if the sponsor of the released child chooses not to engage in PRS, the PRS provider may close the case after 30 calendar days from last contact. In the event the child is granted voluntary departure or receives an order of removal, services cannot continue until the child is repatriated; they must end once the case is terminated. At their discretion, the PRS provider may close the case after 30 calendar days from last contact; or, after receiving PRS for one (1) year, a PRS provider determines that PRS are no longer needed. If a child’s Category 2A, 2B, or 3 sponsor chooses to disengage from PRS and the child wishes to continue receiving PRS, ORR may continue to make PRS available to the child through coordination between the PRS provider and the ORR Project Officer (PO). In any circumstance where a released child is at risk of harm or there is a present safety concern, the PRS provider must submit a Notification of Concern to ORR (See Section 6.8.6 Notifications of Concern). Additional details on types of harm, including human trafficking, abuse, disappearance, organized crime, and special circumstances, that warrant a Notification of Concern, can be found in Section 6.8.6.
Posted 10/6/23, Effective 1/1/24
6.7 Personnel Requirements for Post-Release Providers
6.7.1 Qualifications and Licensure
PRS caseworkers who have direct contact with released children must be at least 21 years of age, highly proficient in Spanish or have access to qualified interpreters and have at least one year of experience working with children.
PRS case managers must have at least a bachelor’s degree, ideally in the behavioral sciences, human services or social services fields, and be highly proficient in Spanish or have access to qualified interpreters. PRS case managers must have knowledge of local community social services and should have specialized experience working with immigrant populations and be knowledgeable about family preservation, kinship care, and/or general child welfare.
PRS case manager supervisors must have a master’s degree in the behavioral sciences, human services or social services fields; or a bachelor’s degree with at least three years of progressive employment experience that demonstrates supervisory and case management experience.
PRS clinicians are responsible for intensive case management and must have a master’s degree in social work, psychology, sociology, or other relevant behavioral science in which direct clinical experience is a program requirement; or a bachelor’s degree with at least five years of clinical experience. They may be licensed, or eligible for licensure, and must be highly proficient in Spanish or have access to qualified interpreters.
Clinical supervisors must have a master’s degree in social work, psychology, sociology, or other relevant behavioral science in which clinical experience is a program requirement, plus at least two years of postgraduate direct service experience; or a bachelor’s degree with at least six years of clinical employment experience in the behavioral sciences. Clinical supervisors must have prior supervisory experience and be licensed to provide clinical supervision.
Posted 10/6/23, Effective 1/1/24
6.7.2 Background Checks
PRS providers must complete background investigations on all of their staff, contractors, and volunteers. They must successfully complete the following checks with favorable results prior to an offer of employment as a PRS provider or as a volunteer who has direct access to released children:
- An FBI fingerprint check of national and state criminal history repositories;
- A child protective services check with the staff’s State(s) of U.S. residence for the last five years;
- Driver’s Record and Clearance (if transporting children); and
- Background investigation updates at a minimum of every five years of the staff, contractor, or volunteer’s start date or last background investigation update.
Background investigation updates must be favorably adjudicated for the PRS provider to continue direct service provision. PRS providers may require the updated background investigation more frequently as necessary.
All results must be kept in the employee’s personnel file.
Posted 10/6/23, Effective 1/1/24
6.7.3 Core Competencies and Training Requirements
Core Competencies
All PRS providers should have a foundational knowledge of case management principles and practice, child welfare principles, family preservation, child and adolescent development, trauma-informed care, and issues related to forced migration.
Initial Training Requirements
Following an offer of employment and before providing services to children and sponsors, PRS staff providing direct services must complete 40 hours of training on the following topics (though more topics may be covered, at the discretion of the recipient):
Administration: ORR policies and procedures; other relevant authorities and agency guidance impacting the provision of PRS; writing effective case notes; and current country conditions in the Northern Triangle (or other relevant countries).
Child Welfare: Stages of healthy child and adolescent development; childhood trauma and its long-term effects (i.e., Complex PTSD); understanding and responding to risk and protective factors in children; family stabilization and preservation; state child abuse laws and mandatory reporting (See Section 6.7.5 Mandated Reporting).
Direct Service Provision: CLAS standards; core areas of PRS service provision (see Section 6.2. PRS Service Provision Policies); trauma-informed care; making specialized referrals; child-friendly interviewing; client boundaries; and role of the interpreter and best practices in intercultural interpretation.
Staff Wellness: Understanding and responding to compassion fatigue, burnout, vicarious trauma, and secondary traumatic stress; and ethical considerations in serving the PRS population.
Annual Training Requirements
PRS providers must complete at least 40 hours of training annually on topics most pertinent to their scope of practice or caseload. Annual training records must be kept in the employee’s personnel file.
Posted 10/6/23, Effective 1/1/24
6.7.4 Supervision
Core Competencies
PRS providers must have ongoing supervision and access to the organizational support they need as they work with released children and their sponsor families. Supervision for all positions should include the following four elements:
Administrative Supervision: Administrative supervision includes quality control checks (e.g., reviewing the supervisee’s client case files) and ensures that PRS providers are adhering to Federal and State laws, regulations, policies, and other standards as well as organizational requirements.
Training-Focused Supervision: Training-focused supervision ensures that PRS providers understand what is required of them and have access to the tools needed (e.g., educational material) to effectively carry out their work or scope of practice, and that appropriate and quality services are being provided.
Clinical Supervision: Clinical supervision is appropriate for licensed and non-licensed professionals in the PRS context. Clinical supervision should be client-focused7 and used to discuss the clinical elements of PRS service provision, such as containment with clients, boundaries and boundary violations, trauma-informed care, etc.
Supportive Supervision: Supportive supervision creates a space for the PRS provider to reflect on their work with released children and sponsor families. The supervisor and supervisee should be able to constructively discuss their different approaches to case management or clinical care, if present, as well as ethical considerations that may arise during service delivery. Supportive supervision should address issues of compassion fatigue, burnout, vicarious trauma, and secondary traumatic stress.
6.7.5 Mandated Reporting
PRS providers must train staff on State-specific mandated reporting laws for all states where PRS is being provided and have written procedures for meeting State-mandated reporting requirements (i.e., reporting suspected neglect, maltreatment, abuse and/or sexual abuse).
Posted 10/6/23, Effective 1/1/24
6.7.6 Grievances
PRS providers must have a process or system for documenting, responding to, and resolving grievances or complaints made by a released child, sponsor, or PRS provider about PRS direct service provision (e.g., case management or in-home interventions).
Posted 10/6/23, Effective 1/1/24
6.7.7 Code of Ethics
PRS providers should have a code of ethics or an ethical framework for PRS providers that sets the standards for ethical conduct in PRS service provision, including clinical care.
Licensed professionals are required to follow relevant State laws and regulations in their area of practice, and, if applicable, to adhere to the code of ethics relevant to their scope of practice or work (e.g., National Association of Social Workers Code of Ethics).
Posted 10/6/23, Effective 1/1/24
6.7.8 Social Media
ORR prohibits PRS providers from interacting with children who are in their caseloads or under their supervision on social media (e.g., Instagram, Facebook, etc.), in order to maintain professional boundaries and protect the privacy of the child.
Posted 10/6/23, Effective 1/1/24
6.8 Records and Reporting
This section details policies on reporting to ORR, records management and retention, and information-sharing. PRS providers must maintain adequate case file records and make regular reports as required by ORR that permit ORR to monitor and enforce the requirements and standards of ORR policies.
Posted 10/6/23, Effective 1/1/24
6.8.1 Reporting to ORR
PRS recipients are required to follow quarterly and annual performance and financial reporting requirements, as outlined in cooperative agreements with ORR.
Posted 10/6/23, Effective 1/1/24
6.8.2 Case Files
All PRS documentation on individual service provision (e.g., client case notes, referral summaries, assessments, etc.) must be uploaded to ORR’s online case management system within five to seven days of completion. PRS providers must follow requirements for records management and retention as outlined in Section 6.8.3 Records Management and Retention.
All case file information must be kept together, in the recipient’s physical and electronic files, in addition to ORR’s online case management system.
Posted 10/6/23, Effective 1/1/24
6.8.3 Records Management and Retention
PRS recipients must have written policies and procedures for organizing and maintaining the content of active and closed case files, which incorporate ORR policies and procedures.
PRS recipients must have established administrative and physical controls to preserve the confidentiality of case file records and information and protect the records and information from prevent unauthorized access, use, or disclosure to both electronic and paper records. Physical case files that include sensitive health information must be kept in a recipient’s locked cabinets, rooms, or buildings when not in use. The PRS recipient’s policies and procedures must also address preventing the physical damage or destruction of records.
The records included in case files are the property of ORR and PRS providers may not release those records without prior approval from ORR except for limited program administration purposes. PRS providers must provide case file records to ORR immediately upon ORR request. If a recipient is no longer providing PRS for ORR, the recipient must provide all active and closed case file records to ORR according to instructions issued by ORR. Recipients must keep PRS case files in the original format.
Employees, former employees, or contractors of a PRS provider must not disclose case file records or information about unaccompanied children, their sponsors, family or household members to anyone for any purpose, except for purposes of program administration, without first providing advanced notice to ORR to allow ORR to ensure that disclosure of unaccompanied children’s information is compatible with program goals and to ensure the safety and privacy of unaccompanied children.
Posted 10/6/23, Effective 1/1/24
6.8.4 Records Requests
Released children or other authorized parties (e.g., attorneys of record) may request access to the released child’s PRS case file records according to ORR Policy Guide Section 5.10.1 UC Case File Request Process.
Posted 10/6/23, Effective 1/1/24
6.8.5 Privacy
PRS providers must have a formal process in place that protects the sensitive information of released children from access by unauthorized users. PRS providers must encrypt electronic communication (including, but not limited to, email and text messaging) containing sensitive healthcare or identifying information of released children. PRS providers must explain to released children and their sponsors how, when, and under what circumstances sensitive information may be shared during the course of PRS service provision.
PRS providers must ensure appropriate controls on information-sharing within the PRS provider network, including but not limited to subcontractors, to ensure that sensitive information is not exploited to the detriment of the released child.
Posted 10/6/23, Effective 1/1/24
6.8.6 Notifications of Concern
A Notification of Concern (NOC) is an instrument used by home study and PRS providers, ORR care providers, and the ORR National Call Center staff to document and notify ORR of certain concerns that arise after a child is released from ORR care and custody.
The NOC also serves as an important mechanism to better understand if the sponsorship assessment and release process was safe and appropriate and whether the sponsor is adhering to the Sponsorship Care Agreement in providing for the released child’s well-being.
PRS providers must submit a NOC when documenting certain reason(s) for concern:
- Emergencies (death of a released child, destruction of property following a natural disaster, illness or injury requiring immediate hospitalization, etc.);
- Human trafficking concerns;
- Abuse (including sexual abuse), abandonment, neglect, and maltreatment;
- Kidnapping, disappearances, or a runaway;
- Alleged criminal activity;
- Child protection services involvement;
- Potential fraud, such as document fraud or fees charged for services that are to be provided free of charge;
- Released child behavioral incident that raises safety concerns;
- Media attention;
- Sponsor declined services;
- Contact by or involvement with organized crime;
- PRS provider unable to make contact with released child within 30 days of release or referral acceptance; and/or,
- PRS provider is providing services on an ongoing case and loses contact with the child and there are safety concerns.
NOCs must be submitted to ORR as soon as possible or no later than 24 hours of first suspicion or knowledge of the event(s) and documented in the released child’s PRS case file.
PRS providers are mandatory reporters and must report certain circumstances to the appropriate authorities, as detailed in Section 6.7.5 Mandated Reporting, Section 6.2.3 Assessments and below.
Human Trafficking
If the PRS provider suspects that the released child may be or is a victim of human trafficking, the PRS provider must also report the concerns to the HHS Office on Trafficking in Persons as well as to other appropriate authorities (e.g., Child Protective Services) within 24 hours of first suspicion. The referral is appropriate if 1) the PRS provider suspects the child was or may be a victim of human trafficking at any point in the child’s life and in any country, and it was not previously reported by the care provider or 2) the PRS provider receives new or clarifying information related to previously reported concerns.
Abuse, Including Sexual Abuse, and Other Harm
If the released child has been or is at risk of being subjected to abuse, abandonment, neglect or maltreatment, the PRS provider must complete a NOC and notify State child protective services and/or local law enforcement. The NOC should be given as soon as it is practicable or no later than 24 hours after the event or after becoming aware of the risk or threat or incident.
In addition, if there is an allegation of sexual abuse or sexual harassment that may have occurred while the released child was in ORR’s custody, the PRS provider must complete a NOC and report the allegation to their Project Officer. The Project Office will elevate the allegation to the Prevention of Sexual Abuse Coordinator (PSAC) in the case of sexual abuse involving care provider staff. The Project Office will also share the NOC with the implicated care provider program where the incident is alleged to have occurred, including the care provider’s FFS. The FFS directs the implicated care provider program to follow the required reporting procedures that accompany ORR Policy Guide Section 4.10.2 Care Provider Reporting Requirements.
In addition, if there is an allegation of sexual abuse or sexual harassment that may have occurred while the released child was in federal custody (but not ORR custody), the PRS provider must complete a NOC and report the allegation to their Project Officer. The Project Office will elevate the NOC to DHSSIRs@acf.hhs.gov, following procedures in that accompany ORR Policy Guide Section 5.8.7 Allegations of Child Abuse in DHS Custody and the Prevention of Sexual Abuse Coordinator (PSAC), if the allegation is sexual in nature.
Disappearances
If a released child disappears, in addition to submitting a NOC to ORR, the PRS provider will support and encourage the sponsor to notify local law enforcement and the National Center for Missing and Exploited Children (at 1-800-843-5678). Notice should be given as soon as it becomes practicable or no later than 24 hours after learning of the child’s disappearance. (See Section 2.8.1 After-Care Planning.)
Organized Crime
If the released child is contacted in any way by an individual believed to represent an alien smuggling syndicate, organized crime, or a human trafficking organization, the PRS provider must complete a Notification of Concern and report the allegation to ORR as soon as possible or no later than 24 hours after becoming aware of the information. (See Section 2.8.1 After-Care Planning).
Posted 10/6/23, Effective 1/1/24
6.8.7 Case Closures
A case must be formally closed when the PRS provider terminates PRS, in accordance with the timeframe for each Level of PRS (see Section 6.3 Level One (1) PRS — Virtual Check-ins; Section 6.4 Level Two (2) PRS - Case Management Services; Section 6.5 Level Three (3) PRS - Intensive In-Home Engagements; and Section 6.6 TVPRA Legally-Mandated Cases). PRS providers must upload the ORR Case Closure form into ORR’s online case management system within 30 calendar days of a case’s closure.
Posted 10/6/23, Effective 1/1/24
6.9 ORR Monitoring
ORR provides consistent oversight of all components of a PRS provider’s program, including program design, management, safety, child protection, case management, personnel management, and stakeholder relations. The purpose of ORR monitoring of PRS providers is to help ensure that they perform relevant services in accord with ORR policies. To that end, the monitoring policies addressed in this section are those that create formal accountability standards and check points at regularly scheduled intervals.
This section specifically concerns monitoring of PRS providers’ activities under ORR policies. Under this policy, if ORR becomes aware of a risk to the welfare of a child formerly in its custody (e.g., through an interview with a child conducted as part of PRS monitoring activities), ORR would ensure the PRS provider followed mandatory reporting requirements as outlined in Sections 6.7.5 Mandated Reporting and 6.8.6 Notifications of Concern.
Posted 10/6/23, Effective 1/1/24
6.9.1 Monitoring Activities
ORR monitoring activities include the following:
- Desk Monitoring: Ongoing oversight based on the HHS grants management model, which includes monthly check-ins with the PRS provider’s Project Officer (PO), regular record and report reviews, financial/budget statements analysis, and communications review.
- Monitoring Visits: Week-long monitoring to the PRS provider’s office not less than every two (2) years to conduct a comprehensive review of the program.
- Site Visits in Response to PO or Other Requests: Visits to the PRS provider’s office for a specific purpose or investigation, for example, in response to a corrective action plan.
Desk Monitoring
Desk monitoring refers to ongoing oversight from ORR headquarters. Desk monitoring includes regular reviews of records and reports, such as annual goals and objectives, quarterly program reports, Notifications of Concern (NOC), grievances, ORR reports about the timely and accurate use of the ORR’s online case management system, and financial reports. It also involves regular calls with PRS provider Program Directors and others to become knowledgeable about the infrastructure and management systems of the individual programs. Desk monitoring includes reviewing data in required documents and reports to ensure compliance with policies and procedures and to follow-up on NOCs.
Monitoring Visits
The monitoring visit to the PRS provider’s office, conducted not less than every two years, consists of a comprehensive inspection based on information submitted by the PRS provider prior to the visit and during the visit and interviews with staff, minors, and stakeholders. The formal monitoring visit utilizes templates and checklists and other tools that must be completed at each site. The last step in the process is ORR’s submission of a monitoring report to the PRS provider (30 days after the visit) with a list of corrective actions that must be addressed. A corrective action is any finding that indicates noncompliance with explicit policies or procedures defined by ORR or for a serious situation in which the safety of a minor is of concern. The recipient has up to 30 days to submit a response to the corrective action plan, indicating how the program has corrected or will remedy any noncompliance. However, ORR may require more immediate action when appropriate and will notify the PRS provider.
Prior to the Monitoring Visit, the PRS provider must provide to ORR written responses to standardized questions about their operations (the Site Visit Guide), including questions on internal quality assurance practices, child protection, case management, appropriate referrals, and administration. As detailed below, PRS providers also provide documents to ORR prior to the visit and during the visit.
Relevant documents, reports, and files examined prior to and during a monitoring site visit include but are not limited to:
- Grant application/cooperative agreements;
- Completed answers to the Site Visit Guide;
- Recent organizational chart of PRS and home study staff;
- Geographical areas served;
- Community partnerships with stakeholders;
- Training;
- Quality assurance procedures and internal monitoring resources;
- Most recent Quarterly Report;
- Current approved Fiscal year budget;
- Recent NOCs;
- Reports from previous monitoring visits (including corrective action plans);
- Childs’ PRS case files;
- PRS provider staff personnel files;
- PRS provider’s internal policies and procedures;
- PRS provider’s grievances policies, copies of minors and sponsors’ grievances, and
- Materials and reports about the provider’s timely and accurate use of the online case management system.
The week-long Monitoring Visit includes, but is not limited to, standardized interviews with PRS and home study staff, as well as the Program Director, stakeholders (such as the local Legal Service Provider, non-HHS Federal agency partners, and others) and released minors. As with any monitoring activity, PRS providers must comply with ORR requests for access to the office, program information and case files.
Each monitoring visit generally involves the review of 3-15 randomly chosen case files and related documentation; review of personnel files, review of related documents from the list above; and review of submitted NOC from the PRS provider.
The ORR Monitor consults with the assigned Project Officer and meets with the PO to discuss any findings and any positive or negative trends identified. Trends can include but are not limited to: the quality of case notes, reports, and documentation of in-home visits.
ORR monitoring and compliance responsibilities are divided among the teams noted in the table below. The teams work collaboratively but also independently in order to provide a higher level of scrutiny and focused attention on various tasks.
Roles and Responsibilities in ORR Monitoring and Compliance Model
Team | Responsibilities | Timeframe |
---|---|---|
ORR Project Officer (PO) Team: Project Officers that are assigned to oversee specific PRS provider programs and who may elevate issues that arise based on day-to-day oversight. | Conducts ongoing desk monitoring by reviewing all required documents and reports. POs are responsible for overseeing the PRS provider’s implementation of its corrective action plans | Ongoing; Monthly conference calls with assigned PRS providers. |
ORR Monitoring Team: Monitors who are assigned exclusively to monitoring and overseeing compliance with program management, services, safety and security, child protection case management, and personnel management. | The monitoring includes review of policies and procedures, reports, case files, and a 5-day on-site visit. The visit includes but is not limited to review of additional reports, case files, and supporting documentation, observation of caseworker in-home visits, interviews with staff, youth, sponsors, and potentially community partners and stakeholders. A monitoring report (30 days after the visit) documents corrective actions. PRS providers must respond with a corrective action plan within 30 days. | Every two years. |
Posted 10/6/23, Effective 1/1/24
6.9.2 Follow Up and Corrective Actions
If a PRS provider is found to be out of compliance with ORR policies or procedures based on monitoring activities, ORR will communicate the concerns in writing to the Program Director or appropriate person through a written monitoring or site visit report, with corrective actions and child welfare best practice recommendations. The need for a corrective action occurs when the PRS provider is in noncompliance with ORR policy and procedures.
Following the issuance of corrective actions, the PO will request a response to the corrective action findings from the Program Director and determine a timeframe for resolution and the disciplinary consequences for not responding within the required timeframes.
The PRS provider’s corrective action plan must include:
- The cause of noncompliance, because effective corrective action cannot be taken without first making a determination of the cause of noncompliance;
- Clear and concise statements of corrective actions (include person/s responsible and timelines);
- Thorough descriptions of corrective actions that reference specific documents, procedures, etc.;
- The date of completion of the corrective actions; and
- Evidence supporting the claim that a corrective action has been fully and effectively implemented and that the corrective action has been performed in the way that it was described.
For more information about the termination of grants and enforcement, see 45 CFR § 74 .
Posted 10/6/23, Effective 1/1/24
6.9.3 Sub-Contract Monitoring
PRS providers who provide services for minors through a sub-contract or sub-grant are responsible for conducting annual monitoring or site visits of the sub-recipient, as well as weekly desk monitoring. This includes evaluating the PRS provider’s compliance with applicable Federal, State and local laws. PRS providers must provide findings of such reviews to the designated ORR PO.
To assess PRS providers with sub-contracts or sub-grants arrangements, ORR evaluates and monitors the primary PRS provider on-site and through desk monitoring but may also conduct monitoring at sub-contractors or sub-PRS providers, as necessary.
PRS providers with sub-contracts or sub-grants arrangements are subject to the same monitoring schedule as other PRS provider facilities but the activities are tailored to the sub-contracts or sub-grants arrangement. For example, ORR Monitors, during on site monitoring visits, may schedule a visit with the PRS provider staff of a particular sub-contract or sub-grant to conduct a first-hand assessment of the program and the PRS provider oversight of those programs and services.
Posted 10/6/23, Effective 1/1/24
6.9.4 PRS provider Internal Program Monitoring, Evaluation, and Quality Assurance
PRS providers must have their own internal monitoring processes that may be set by the PRS provider’s organization. PRS providers are expected to conduct internal monitoring, evaluation, and continuance quality assurance assessments on a quarterly basis in order to identify areas in need of improvement and/or modification. The PRS provider’s monitoring, evaluation, and quality assessment plan must include measures to evaluate how the program:
- Complies with Federal and applicable State laws and regulations, and ORR policies, procedures, and other ORR guidance.
- Fulfills the program’s Statement of Work with ORR as well as the terms of the cooperative agreement or contract.
- Reviews PRS and home study reports for quality and accuracy.
- Identifies issues subject to corrective action plans.
PRS providers are required to evaluate their program’s strengths and weaknesses based on the following performance indicators:
- Number/type of grievances filed by minors, sponsors, and staff.
- Surveying/interviewing program participants, (i.e., sponsors and minors).
- Allegations and findings of staff misconduct.
- Timeliness of service delivery.
- Activities related to corrective action plans, if applicable.
- PRS providers’ quarterly internal monitoring reports must be made available to ORR upon request.
Posted 10/6/23, Effective 1/1/24
Footnotes
1. As defined in 6 USC § 279(g)
3. 34 USC § 20341 and 45 CFR 411.6
4. Defined by the Centers for Disease Control and Prevention as “all types of abuse, neglect, and other potentially traumatic experiences that occur to people under the age of 18.” Retrieved from: https://www.cdc.gov/violenceprevention/childabuseandneglect/acestudy/aboutace.html
7. Harkness, D., & Hensley, H. (1991). Changing the focus of social work supervision: Effects on client satisfaction and generalized contentment. Social Work, 36(6), 506-512.