ORR Unaccompanied Children Bureau Policy Guide: Guide to Terms

Publication Date: March 21, 2016
Current as of:


 

ACF — The Administration for Children and Families, Department of Health and Human Services.

Abandonment — Generally considered a type of neglect, abandonment of a child occurs when a parent's identity or whereabouts are unknown; or the child has been left by a parent in circumstances in which the child suffers serious harm; or a parent has failed to maintain contact with the child for a specific period of time; or a parent fails to provide reasonable support for a specific period of time (based on the definition of abandonment from the Administration for Children and Families, Children’s Bureau).

Attorney of Record — An attorney who represents an unaccompanied child in legal proceedings or matters subject to the consent of the unaccompanied child. In order to be recognized as an unaccompanied child’s attorney of record by the Office of Refugee Resettlement (ORR), for matters within ORR’s authority, the individual must provide proof of representation of the child to ORR by filing a completed Form L-3 Notice of Attorney Representation (PDF) with ORR. ORR notes that that attorneys of record may engage with ORR in the course of this representation in order to obtain custody-related documents and to engage in other communications necessary to facilitate the representation.

Behavioral Note — Documentation of positive events or developments in a child’s daily life while in ORR care, such as demonstrating significant improvement in developing life skills, doing particularly well in a class, program, or activity. Behavioral notes can also include documentation of patterns of behavior that potentially merit intervention or support over time, such as developmentally appropriate horseplay or adolescent non-compliance with staff instructions. Documenting behavioral notes is optional and at the care provider’s discretion on whether a given observation is worth documenting.

Best Interests — Best interests is a standard ORR applies in determining the types of decisions and actions it makes in relation to the care of an unaccompanied child. When evaluating what is in a child’s best interests, ORR considers, as appropriate, the following non-exhaustive list of factors:

  • The unaccompanied child’s expressed interests, in accordance with the unaccompanied child’s age and maturity; 

  • The unaccompanied child’s mental and physical health; 

  • The wishes of the unaccompanied child’s parents or legal guardians; 

  • The intimacy of relationship(s) between the unaccompanied child and the child’s family, including the interactions and interrelationship of the unaccompanied child with the child’s parents, siblings, and any other person who may significantly affect the unaccompanied child’s well-being; 

  • The unaccompanied child’s adjustment to the community; 

  • The unaccompanied child’s cultural background and primary language; 

  • Length or lack of time the unaccompanied child has lived in a stable environment; 

  • Individualized needs, including any needs related to the unaccompanied child’s disability; and

  • The unaccompanied child’s development and identity.

Burnout — Refers to “stress and frustration caused by the workplace.”

Care Provider Facility — Any physical site, including an individual family home, that houses one or more unaccompanied children in ORR custody and is operated by an ORR-funded program that provides residential services for unaccompanied children. Out-of-network (OON) placements are not included within this definition.

Case Coordinators (CC) — ORR non-governmental contractor field staff who act as a local ORR liaison with care providers and stakeholders and who are responsible for making transfer and release recommendations. ORR/CC are assigned to care providers on the basis of an ORR/CC to bed ratio; therefore, an individual ORR/CC may be assigned to one or several care providers and a care provider with a large bed capacity may have more than one ORR/CC. 

Case File — The physical and electronic records for each unaccompanied child that are pertinent to the care and placement of the child. Case file materials include, but are not limited to: 

  • Biographical information on each unaccompanied child; 

  • Copies of birth and marriage certificates; 

  • Various ORR forms and supporting documents (and attachments, e.g., photographs); 

  • Incident reports; 

  • Medical and dental records; 

  • Mental health evaluations; 

  • Case notes and records, including educational records clinical notes and records; 

  • Immigration forms and notifications; 

  • Legal papers; 

  • Home studies and/or post-release service records on a sponsor of an unaccompanied child; 

  • Family reunification information including the sponsor’s individual and financial data; 

  • Case disposition; correspondence regarding the child’s case (e.g., correspondence between care provider staff and other stakeholders to the child’s care); 

  • Social Security number (SSN); 

  • Juvenile/criminal history records; and 

  • Other relevant records.

The records of unaccompanied children are the property of ORR, whether in the possession of ORR or a grantee or contractor, and grantees and contractors may not release these records without prior approval from ORR, except for program administration purposes.

Case Manager — The individual that coordinates, in whole or in part, assessments of unaccompanied children, individual service plans, and efforts to release unaccompanied children from ORR custody. Case managers also ensure services for unaccompanied children are documented within the case files for each unaccompanied child.

Certified Medical Interpreter — A Certified Healthcare Interpreter (CHI), Associate Healthcare Interpreter (AHI), or Certified Medical Interpreter (CMI) is a bilingual or multilingual person who can communicate between patients and healthcare professionals who do not share a common language. They are trained and experienced in healthcare settings, and can translate clinical conversations, medical information, and texts and documents in real time. Certified medical interpreters also consider cultural aspects and slang and adhere to ethical standards (See UC Policy Guide Section 3.4.1 Healthcare Eligibility and General Standards). 

Chemical Restraints — Chemical restraints include, but are not limited to, drugs administered to children to chemically restrain them, and external chemicals such as pepper spray or other forms of inflammatory and/or aerosol agents. Care providers are prohibited from using chemical restraints (see Section 3.3.13 Behavior Management).

Child Abuse and neglect — Means any act or failure to act which results in death, serious physical or emotional harm, sexual abuse, or exploitation of a child; or an act or failure to act which presents an imminent risk of serious harm to a child including but not limited to physical abuse, verbal or emotional abuse, sexual harassment, sexual abuse, inappropriate sexual behavior, neglect, and medical neglect. 

Child Advocate — Child advocates are third parties, appointed by ORR consistent with its authority under TVPRA at 8 U.S.C. 1232(c)(6), who make independent recommendations regarding the best interests of an unaccompanied child.

Child-Level Event (CLE) — Incidents, events, or observations that affect the health, safety, and wellbeing of individual children and include emergency incidents, significant incidents, behavioral notes, and historical disclosures.

Clear and Convincing Evidence — A standard of evidence requiring that a factfinder be convinced that a contention is highly probable—i.e., substantially more likely to be true than untrue.

Clinician — Care provider staff that provides clinical and/or counseling services for unaccompanied children and provides oversight for the unaccompanied child’s mental and emotional health.

Close Relative — A brother, sister, grandparent, aunt, uncle, first cousin, or other immediate biological relative, or immediate relative through legal marriage or adoption, and half-sibling.

Compassion fatigue — Refers to “the profound emotional and physical erosion that takes place when helpers are unable to refuel and regenerate."1

Confidential Legal Consultation — A meeting between a legal service provider (LSP) and a child to assess: 

  1. A child’s immigration-related case, including potential forms of immigration relief, such as being the victim of trafficking; 

  2. How best to match the child with legal representation; and 

  3. Other relevant legal support services. 

LSPs shall provide confidential legal consultations to children in ORR custody generally within ten (10) business days of a child’s first admission to an ORR facility and ten (10) business days of a child’s transfer to a new ORR facility (except long-term home care, where LSPs instead will offer representation or other legal assistance upon a child’s arrival). A follow-up confidential legal consultation may be requested by ORR, the care provider, or the LSP when new information or previously unknown information has been identified that may affect the child’s immigration case.

Corrective Action — Steps taken to correct any care provider facility noncompliance identified by ORR.

Covered Allegation — Refers to adult-on-child allegations of child abuse or neglect such as inappropriate sexual behavior, neglect, medical neglect, physical abuse, sexual abuse, sexual harassment, and verbal or emotional abuse that occur in facilities funded by ORR to provide residential and other services for unaccompanied children.  These allegations are investigated by the Division of Child Protection Investigations (DCPI) when a state agency, typically responsible for such investigations, declines to investigate incidents in ORR-funded care provider facilities and EIFs. (see Section 5.11 ORR Child Protection Investigations). 

Covered Individual — Staff, contractors or sub-grantees, and volunteers of the care provider facility (and EIF), or other adult individuals who have access to children in ORR care through contracts or grants with ORR who are the subject of an ORR Division of Child Protection Investigations (DCPI). Foster parents are not considered as covered individuals subject to ORR investigations, as they remain subject to state licensing requirements and state investigations. (see Section 5.11 ORR Child Protection Investigations).

Culturally and Linguistically Appropriate Services (CLAS) — CLAS standards are intended to “provide effective, equitable, understandable, and respectful quality care and services that are responsive to diverse cultural health beliefs and practices, preferred languages, health literacy, and other communication needs.”

DHS — The U.S. Department of Homeland Security.

Director — The Deputy Assistant Secretary for Humanitarian Services and the Director of the Office of Refugee Resettlement (ORR), Administration for Children and Families, U.S. Department of Health and Human Services. 

Disability — With respect to an individual, the definition provided by section 3 of the Americans with Disabilities Act of 1990, 42 U.S.C. 12102, which is adopted by reference in section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794(a), and its implementing regulations, 45 CFR 84.3 (programs receiving Department of Health and Human Services (HHS) financial assistance) and 85.3 (programs conducted by HHS), as well as in the TVPRA at 8 U.S.C. 1232 (c)(3)(B).

Discharge — Exiting an unaccompanied child from a care provider facility and/or from ORR custody. When transferring a child from one care provider facility to another, the child must be discharged from their current care provider before they may be admitted to the receiving care provider. Discharge may also refer to exiting a child from ORR custody. There are several types of discharge from ORR custody, including but not limited to, release to an ORR-vetted and approved sponsor, discharge to an ORR-vetted program/facility (e.g., discharge to the Unaccompanied Refugee Minor Program), voluntary departure, order of removal, age determination (individual determined to be an adult), and age out (child reaches 18 years of age).

 Disposition -  A finding at the conclusion of an ORR Division of Child Protection Investigation (DCPI). (see Section 5.11 ORR Child Protection Investigations). 

Emergency — An act or event (including, but not limited to, a natural disaster, facility fire, civil disturbance, or medical or public health concerns at one or more facilities) that prevents timely transport or placement of unaccompanied children, or otherwise impacts the care or services provided to unaccompanied children.

Emergency Incident — Urgent situations in which there is an immediate and severe threat to a child’s safety and well-being that requires immediate action, and also includes unauthorized absences of unaccompanied children from a care provider facility. Emergency incidents are reported to ORR via an Emergency Significant Incident Report, a type of Child-Level Event (see Section 5.8.1 Emergency Incidents). 

Emergency or Influx Care Facility (EIF) — A type of care provider facility that opens temporarily to provide shelter and services for unaccompanied children during an influx or emergency. An EIF is not defined as a standard program, shelter, or secure facility. Because of the emergency nature of EIFs, they may be unlicensed or may be exempted from licensing requirements by State and/or local licensing agencies. EIFs may be operated on federally-owned or leased property.

Emergency Safety Situation — A situation in which a child presents a risk of imminent physical harm to themselves, or others, as demonstrated by overt acts or expressed threats.

Family Planning Services — Family planning services include, but are not limited to, Food and Drug Administration (FDA)-approved contraceptive products (including emergency contraception), pregnancy testing and non-directive options counseling, sexually transmitted infection (STI) services, and referrals to appropriate specialists. ORR notes that the term “family planning services” does not include abortions. Instead, abortion is included in the definition of medical services requiring heightened ORR involvement.

Family Reunification — Refers to the process of releasing an unaccompanied child to the care of a parent, relative, or other sponsor.

Family Reunification Packet (FRP) — An application and supporting documentation which must be completed by a potential sponsor who wishes to have an unaccompanied child released from ORR to their care. ORR uses the application and supporting documentation, as well as other procedures, to determine the sponsor’s ability to provide for the unaccompanied child’s physical and mental well-being.

Group Home — A care provider facility that offers a group home setting and that specializes in caring for specific populations (e.g., teen mothers). A group home, which is run by 24-hour staff or house parents, typically houses 4 to 12 unaccompanied children.

Heightened Supervision Facility — A facility that is operated by a program, agency or organization licensed by an appropriate State agency, or that meets the requirements of State licensing that would otherwise be applicable if it is in a State that does not allow state licensing of programs providing care and services to unaccompanied children, and that meets the standards for standard programs set forth in 45 CFR § 410.1302, and that is designed for an unaccompanied child who requires close supervision but does not need placement in a secure facility, including a residential treatment center (RTC). It provides 24-hour supervision, custody, care, and treatment. It maintains stricter security measures than a shelter, such as intensive staff supervision, in order to provide supports, manage problem behavior, and prevent children from running away. A heightened supervision facility may have a secure perimeter but shall not be equipped internally with major restraining construction or procedures typically associated with juvenile detention centers or correctional facilities. Historically, this type of facility was referred to as “staff secure” in ORR sub-regulatory guidance and information collections.

HHS — The U.S. Department of Health and Human Services.

Historical Disclosure — Incidents that have occurred prior to the child coming into ORR care that include past incidents of abuse, neglect, other harm, or threats of harm that may inform how a care provider can best meet a child’s needs, such as by providing relevant mental health support or other relevant services or resources.

Home Study — An in-depth investigation of the potential sponsor’s ability to ensure the child’s safety and well-being, initiated by ORR as part of the sponsor suitability assessment. A home study includes an investigation of the living conditions in which the unaccompanied child would be placed if released to a particular potential sponsor, the standard of care that the unaccompanied child would receive, and interviews with the potential sponsor and other household members. A home study is conducted for any case where it is required by the TVPRA, mandated by ORR sub-regulatory guidance, and for other cases at ORR’s discretion, including for those in which the safety and well-being of the unaccompanied child is in question. 

Home Study Provider — A non-governmental agency funded by ORR to conduct home studies.

Individual Service Plan (ISP) — A plan prepared by the care provider for an individual unaccompanied child that identifies placement and case outcome goals, and delineates services, action steps, and individuals responsible for tasks to achieve the goals.

Influx — For purposes of HHS operations, a situation in which the net bed capacity of ORR’s standard programs that is occupied or held for placement by unaccompanied children meets or exceeds 85 percent for a period of seven consecutive days. 

Influx Care Facility (ICF) — A type of Emergency or Influx Care Facility (EIF) that is opened to provide temporary emergency shelter and services for unaccompanied children during an influx or emergency. Influx care facilities may be opened on Federally owned or leased properties, in which case, the facility would not be subject to State or local licensing standards; or, at facilities otherwise exempted by the State licensing authority.

Inappropriate sexual behavior Inappropriate sexual behavior includes instances of inappropriate, sexual, derogatory, or offensive conduct that does not rise to the level of sexual abuse or sexual harassment.

Know-Your-Rights (KYR) Presentations — Presentations by the legal service provider (LSP) that provide information on the immigration court process, children’s obligation to attend their hearings, children’s legal rights and responsibilities, forms of immigration relief commonly available to children, and the legal service provider’s role and that of other agencies and persons involved in the child’s immigration matter.

Labor Trafficking — Any scheme, plan, or pattern to recruit, transport, hold, or use a child for the purpose of performing labor through force, fraud, or coercion.

Legal Guardian — An individual who has been lawfully vested with the power, and charged with the duty of caring for, including managing the property, rights, and affairs of, a child or incapacitated adult by a court of competent jurisdiction, whether foreign or domestic. 

Legal Service Provider (LSP) — An organization or individual attorney who provides legal services to unaccompanied children, either on a pro bono basis, through ORR funding for unaccompanied children’s legal services, or through other non-ORR funding. Legal service providers provide Know Your Rights presentations and confidential legal consultations to unaccompanied children, and/or direct legal representation to unaccompanied children. 

LGBTQI+  — Includes unaccompanied children who identify as lesbian, gay, bisexual, transgender, queer or questioning, and intersex (see Section 3.5 Guiding Principles for the Care of LGBTQI+ Unaccompanied Children for related policies).

Long Term Foster Care (LTFC) — An ORR-funded family or group home placement in a community-based setting. An unaccompanied child may be placed in long-term foster care if ORR determines that the child will be in ORR custody for an extended period of time. Unaccompanied children in ORR long-term foster care typically attend public school and receive community-based services. This definition is consistent with the definition of long-term home care at 45 CFR § 410.1001. 

Mechanical Restraint — Any device attached to, or adjacent to, the child’s body that they cannot easily remove and restricts freedom of movement or normal access to their body. Mechanical restraints are prohibited across all care provider types except in secure facilities, where they are permitted only in emergency safety situations and as consistent with State licensure requirements (see Section 3.3.13 Behavior Management).

 

Medical Chaperone — A medical chaperone is a member of the healthcare team who has been trained to act as a witness for the patient and the healthcare professional during a physical exam.

Medical Coordinator — Care provider staff who makes medical and dental appointments on behalf of unaccompanied children in care, and maintains documentation on an unaccompanied child’s health related information.

Medical Neglect — Refers to any failure to provide medical care or access to medical services that endangers the health of the child

Medical Services Requiring Heightened ORR Involvement — 

  1. Significant surgical or medical procedures; 

  2. Abortions; and 

  3. Medical services necessary to address threats to the life of or serious jeopardy to the health of an unaccompanied child.

Neglect — Refers to any failure to provide adequate food, water, clothing, shelter, or other basic necessities; punitive, careless, and/or unnecessary denial of access to other basic entitlements such as education, legal aid, exercise, recreation, bathroom usage, and communication/correspondence with families, sponsors, or attorneys (based on the definition of neglect from 42 U.S.C. § 5101, Note § 3, CAPTA Reauthorization Act of 2010 (P.L. 111-320), as referenced by the Administration for Children and Families Guide to Definitions on Child Abuse and Neglect  (PDF)).

Notice of Placement in a Restrictive Setting (NOP) — A written notice provided to unaccompanied children placed in restrictive placements, explaining the reasons for placement in the restrictive placement and kept as part of the child’s case file. The care provider facility where the unaccompanied child is placed must provide the NOP to the child within 48 hours after an unaccompanied child’s arrival at a restrictive placement, as well as at minimum every 30 days the child remains in a restrictive placement.

Notification of Concern (NOC) — An instrument used by home study and post-release services 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.

ORR — The Office of Refugee Resettlement, Administration for Children and Families, U.S. Department of Health and Human Services.

ORR Central Registry — A database maintained by ORR consisting of ORR findings of sustained perpetrators of child abuse and neglect at Tier I (see Section 5.11.1 Investigations of Allegations of Child Abuse or Neglect). 

ORR/Federal Field Specialist (ORR/FFS) Field staff who act as the local ORR liaison with care providers and stakeholders. An ORR/FFS is assigned to multiple care providers within a determined region and, acting as an agent of HHS/ORR, serves as the regional approval authority for unaccompanied children transfer and release decisions.

ORR/Project Officer (ORR/PO) - ORR staff who provide program oversight to care providers and home study (HS) and post-release services (PRS) providers. An ORR/PO is assigned to multiple care providers and/or HS/PRS providers who are funded by ORR. ORR/POs work under the Division of Grants Management within the Unaccompanied Children Bureau.

Out-of-Network Placement (OON) — A facility that is licensed by an appropriate State agency and that provides physical care and services for individual unaccompanied children as requested by ORR on a case-by-case basis, that operates under a single case agreement for care of a specific child between ORR and the OON provider. OON may include hospitals, restrictive settings, or other settings outside of the ORR network of care. An OON placement is not defined as a standard program under 45 CFR Subpart A.

Peer Restraints — Asking or permitting other children to physically restrain another child. Care providers are prohibited from using peer restraints (see Section 3.3.13 Behavior Management).

Personal Restraint — The application of physical force without the use of any device, for the purpose of restraining the free movement of a child’s body. This does not include briefly holding a child without undue force in order to calm or comfort them. Personal restraint may only be used to ensure the immediate physical safety of the child and others during an emergency safety situation and may never be used as a means of coercion, discipline, convenience, or retaliation by staff (see Section 3.3.15 Use of Restraints or Seclusion in Emergency Safety Situations).

Physical Abuse — Physical harm to a child that includes, but is not limited to, bruises, cuts, sprains, welts, fractures, burns, lacerations, missing or broken teeth, muscle strains, or internal injuries; in addition to physical mistreatment such as whipping, punching, shoving, kicking, hitting, biting, shaking, dragging, throwing, stabbing, or choking a child, as well as the inappropriate use of restraints (based on the definition of abuse from 42 U.S.C. § 5101, Note § 3, CAPTA Reauthorization Act of 2010 (P.L. 111-320), as referenced by Administration for Children and Families Guide to Definitions on Child Abuse and Neglect  (PDF)). ORR care provider staff, contractors, and volunteers are prohibited from engaging in any form of physical abuse (see Section 4.3.5 Staff Code of Conduct). 

Physical Exam — Any diagnostic and/or therapeutic evaluation performed by a health care provider (HCP) that involves observation, inspection, palpation, percussion, and/or auscultation of any part of a child’s body.

Placements — Delivering the unaccompanied child to the physical custody and care of either a care provider facility or an alternative to such a facility. An unaccompanied child who is placed pursuant to 45 CFR Subpart A is in the legal custody of ORR and may only be transferred or released by ORR. An unaccompanied child remains in the custody of a referring agency until the child is physically transferred to a care provider facility or an alternative to such a facility. 

Placement Review Panel (PRP) — A three-member panel consisting of ORR’s senior-level career staff with requisite experience in child welfare that is convened for the purposes of reviewing requests for reconsideration of restrictive placements. An ORR staff member who was involved with the decision to step-up an unaccompanied child to a restrictive placement may not serve as a Placement Review Panel member with respect to that unaccompanied child’s placement.

Post-Release Services (PRS) — Post-release services (PRS) mean follow-up services as that term is used in the William Wilberforce Trafficking Victims Protection Reauthorization Act at 8 U.S.C. 1232(c)(3)(B). PRS are ORR-approved services which may, and when required by statute must, be provided to an unaccompanied child and the child’s sponsor, subject to available resources as determined by ORR, after the child’s release from ORR custody. Assistance may include linking families to educational and community resources, home visits, case management, in-home counseling, and other social welfare services, as needed. When follow-up services are required by statute, the nature and extent of those services would be subject to available resources. 

Post-Release Services (PRS) Caseworker — PRS provider staff responsible for providing Level One (1) PRS - Virtual Check-ins, to released children and their sponsor families to confirm 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.

Post-release Services (PRS) Case Manager — PRS staff responsible for providing Level Two (2) PRS — Case Management Services, to released children and their sponsor families to provide referrals and connections to community resources for the child and sponsor. A PRS case manager may also provide Level One (1) PRS and Level Three (3) PRS.

Post-release Services Clinician — PRS staff responsible for providing Level Three (3) PRS — Intensive, In-home Engagements, to released children and their sponsor families through a trauma-informed, intensive case management approach, which may include providing clinical and/or counseling services.

Post-Release Service Provider (PRS) Provider — An organization funded by ORR to connect the sponsor and unaccompanied child to community resources for the child and for other child welfare services, as needed, following the release of the unaccompanied child from ORR custody. 

Prevention of Child Abuse and Neglect (PCAN) Team — The PCAN Team, which is part of the Unaccompanied Children Bureau’s Division of Quality Improvement and Performance Management, provides policy guidance, technical assistance, and training to ORR care providers to support the prevention of child abuse and neglect in ORR care, as well as oversee compliance with related policies and procedures and the Interim Final Rule 45 C.F.R. § 411.6, Standards to Prevent, Detect, and Respond to Sexual Abuse and Sexual Harassment Involving Unaccompanied Children). The PCAN Team works to ensure that unaccompanied children are safe, nurtured, and free from abuse and neglect by prioritizing the prevention of child maltreatment.

Prevention of Sexual Abuse Coordinator (PSAC) — Oversees compliance with the Interim Final Rule 45 C.F.R. § 411.6, Standards to Prevent, Detect, and Respond to Sexual Abuse and Sexual Harassment Involving Unaccompanied Children) and related policies and procedures at all care provider facilities.

Program-Level Events (PLE) — Situations that affect the entire care provider facility and/or unaccompanied children, and its staff within, and require immediate action. Program-level events are reported to ORR via a Program-Level Event Report (see Section 5.8.3 Program-Level Events). 

Prone Physical Restraint — A restraint restricting a child’s breathing, restricting a child’s joints or hyperextending a child’s joints, or requiring a child to take an uncomfortable position. Care providers are prohibited from using prone physical restraints (see Section 3.3.13 Behavior Management).

Protection and Advocacy System (P&A) — A Federally mandated, state-level program to protect the rights of individuals with disabilities. These systems are independent of service-providing agencies and provide legal representation, protection, advocacy, and assistance to individuals of that State or Territory with disabilities.

Psychotropic Medication — Medication that is prescribed for the treatment of symptoms of psychosis or another mental, emotional, or behavioral disorder and that are used to exercise an effect on the central nervous system to influence and modify behavior, cognition, or affective state. The term includes the following categories: 

  1. Psychomotor stimulants; 

  2. Antidepressants; 

  3. Antipsychotics or neuroleptics; 

  4. Agents for control of mania or depression; 

  5. Antianxiety agents; and 

  6. Sedatives, hypnotics, or other sleep-promoting medications.

Qualified Interpreter — 

  1. For an individual with a disability, an interpreter who, via a video remote interpreting service (VRI) or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cued-language transliterators.

  2. For a limited English proficient individual, an interpreter who via a remote interpreting service or an on-site appearance: 

    1. Has demonstrated proficiency in speaking and understanding both spoken English and at least one other spoken language; and

    2. Is able to interpret effectively, accurately, and impartially to and from such language(s) and English, using any necessary specialized vocabulary or terms without changes, omissions, or additions and while preserving the tone, sentiment, and emotional level of the original oral statement.

  3. Adheres to generally accepted interpreter ethics principles, including client confidentiality.

Qualified Translator — A translator who: 

  1. Has demonstrated proficiency in writing and understanding both written English and at least one other written non-English language; 

  2. Is able to translate effectively, accurately, and impartially to and from such language(s) and English, using any necessary specialized vocabulary or terms without changes, omissions, or additions and while preserving the tone, sentiment, and emotional level of the original written statement; and

  3. Adheres to generally accepted translator ethics principles, including client confidentiality.

Referred Placement — A referred placement occurs when an unaccompanied child is referred to ORR by any department or agency of the Federal government for placement into ORR custody.

Release — Discharge of an unaccompanied child to an ORR-vetted and approved sponsor. After release, ORR does not have legal custody of the unaccompanied child, and the sponsor becomes responsible for providing for the unaccompanied child’s physical and mental well-being. 

Residential Treatment Center (RTC) — A sub-acute, time limited, interdisciplinary, psycho-educational, and therapeutic 24-hour-a-day structured program with community linkages, provided through non-coercive, coordinated, individualized care, specialized services, and interventions. RTCs provide highly customized care and services to individuals following either a community-based placement or more intensive intervention, with the aim of moving individuals toward a stable, less intensive level of care or independence. RTCs are a type of secure facility and are not a standard program.

Restrictive Placement — A secure facility, including RTCs, or a heightened supervision facility.

Runaway Risk — Runaway risk means it is highly probable or reasonably certain that an unaccompanied child will attempt to abscond from ORR care. Such determinations must be made in view of a totality of the circumstances and should not be based solely on a past attempt to run away.

Seclusion — The involuntary confinement of a child alone in a room or area from which the child is physically prevented from leaving. Seclusion may only be used to ensure the immediate physical safety of the child and others during an emergency safety situation. Seclusion may never be used as a means of coercion, discipline, convenience, or retaliation by staff (see Section 3.3.15 Use of Restraints or Seclusion in Emergency Safety Situations).

Secondary Traumatic Stress — The result of bearing witness to a traumatic event (or series of events), which can lead to Post Traumatic Stress Disorder-like symptoms.

Secure Facility — A facility with an ORR contract or cooperative agreement having separate accommodations for children, in a physically secure structure with staff able to control violent behavior. ORR uses a secure facility as the most restrictive placement option for an unaccompanied child who poses a danger to self or others or has been charged with having committed a criminal offense. A secure facility is not defined as a standard program or shelter. 

Sensitive Physical Exam — Any diagnostic and/or therapeutic evaluation performed by a healthcare provider that involves inspection and/or palpation of the genitals, rectal area, or the female breasts (including examinations of female-identifying transgender and non-binary children). Healthcare providers will respect children's self-determined gender identity and use gender-affirming techniques and language during examinations at all times.

Sex Trafficking — Sex trafficking occurs when a child has been recruited, held, transported, or solicited for—or otherwise made to engage in—a commercial sex act in exchange for something of value (food, shelter, money, debt, etc.), regardless of whether there was fraud, force, or coercion.

Sexual Abuse — See definition in Section 4.1.1 Sexual Abuse

Sexual Harassment — See definition in Section 4.1.3 Sexual Harassment

Sexual Orientation Gender Identity (SOGI) Change Efforts (aka “conversion therapy”): Any treatment or practice that seeks to suppress or change an individual’s sexual orientation, gender identity, or gender expression. Includes efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex. Does not include counseling that provides assistance to a person undergoing gender transition or that provides acceptance, support, and understanding of a person or facilitates a person’s coping, social support, and identity exploration and development, such as sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to change an individual’s sexual orientation or gender identity.

Shelter — A kind of standard program in which all of the programmatic components are administered on-site, consistent with the standards set forth in 45 CFR § 410.1302. Shelters are considered a least restrictive environment. 

Significant Incidents — Non-emergency situations that may immediately affect the safety and well-being of a child. Significant incidents are reported to ORR via a Non-Emergency Significant Incident Report, a type of Child-Level Event (see Section 5.8.2 Significant Incidents). 

Significant Incident Report (SIR) Triage Team — The SIR Triage Team receives SIRs, Historical Disclosures, and Program-Level Event Reports and ensures that appropriate ORR staff are notified of relevant incidents so that all necessary follow-up, compliance, and oversight actions take place. 

Sponsor — An individual (or entity) to whom ORR releases an unaccompanied child out of ORR custody, in accordance with ORR’s sponsor suitability assessment process and release procedures.

Sponsor Care Agreement — An agreement the sponsor enters into with the Federal government agreeing to comply with certain provisions to ensure the child’s safety and well-being while the child is in their care (see Section 2.8.1 After Care Planning).

Staff Code of Conduct — The set of personnel requirements established by ORR in order to promote a safe environment for unaccompanied children in its care, including protecting unaccompanied children from sexual abuse and sexual harassment. See Section 4.3.5 Staff Code of Conduct

Standard Program — Any program, agency, or organization that is licensed by an appropriate State agency to provide residential, group, or transitional or long-term foster care services for dependent children, including a program operating family or group homes, or facilities for unaccompanied children with specific individualized needs; or that meets the requirements of State licensing that would otherwise be applicable if it is in a State that does not allow state licensing of programs providing care and services to unaccompanied children. A standard program must meet the standards set forth in Section 3.3 Care Provider Required Services. All homes and facilities operated by a standard program, including facilities for unaccompanied children with specific individualized needs, shall be non-secure as required under State law. However, a facility for unaccompanied children with specific individualized needs may maintain that level of security permitted under State law, which is necessary for the protection of an unaccompanied child or others in appropriate circumstances.

Tender Age — Twelve years of age or younger.

Therapeutic Foster Care — Therapeutic foster care is a foster family placement funded by ORR for unaccompanied children whose exceptional needs cannot be met in regular or basic level family foster care homes. The child resides with licensed foster parent(s) and receives additional treatment services and/or supervision specific to the child’s identified treatment needs. Children with significant emotional, behavioral, medical, psychiatric and/or developmental needs receive structured treatment within a therapeutic foster care setting. Foster care programs work in collaboration with foster parent(s) to provide interventions, treatment, protection, care, and nurturance to meet the needs of children. The unaccompanied child typically attends public school and receives community-based services.

Transitional Foster Care (TFC) — An ORR-funded short-term placement in a family or group home. Transitional foster care is an initial placement option for unaccompanied children under 13 years of age, sibling groups with one sibling under 13 years of age, pregnant/parenting teens, or unaccompanied children with specific individualized needs. Children in ORR transitional foster care typically attend school and receive most service components at the care provider site. However, some children may attend public school and/or receive limited community-based services in addition to services provide onsite. This definition is consistent with the definition of transitional home care at 45 CFR § 410.1001.

Transfer — The movement of an unaccompanied child from one ORR care provider facility to another ORR care provider facility, such that the receiving care provider facility takes over physical custody of the child. ORR sometimes uses the terms “step-up” and “step-down” to describe transfers of unaccompanied children to or from restrictive placements. For example, if ORR transfers an unaccompanied child from a shelter facility to a heightened supervision facility, that transfer would be a “step-up,” and a transfer from a heightened supervision facility to a shelter facility would be a “step-down.” But transfers between facilities that are least restrictive or have the same level of restriction (e.g., shelter to shelter, long-term foster care to shelter, secure to residential treatment center), sometimes referred to as lateral transfers, would not be a step-up or a step-down. 

Trauma Bond — Under 45 CFR 410.1001 , ORR’s UC Policy Guide uses “trauma bond” to describe when a trafficker uses rewards and punishments within cycles of abuse to foster a powerful emotional connection with the victim.

Trauma-Informed — A system, standard, process, or practice that realizes the widespread impact of trauma and understands potential paths for recovery; recognizes the signs and symptoms of trauma in unaccompanied children, families, staff, and others involved with the system; and responds by fully integrating knowledge about trauma into policies, procedures, and practices, and seeks to actively resist re-traumatization.

Unaccompanied Child/Children — A child who:

  1. Has no lawful immigration status in the United States; 

  2. Has not attained 18 years of age; and 

  3. With respect to whom: 

    1. There is no parent or legal guardian in the United States; or 

    2. No parent or legal guardian in the United States is available to provide care and physical custody. 

Unaccompanied Children (UC) Bureau — The Unaccompanied Children Bureau is directly responsible for providing care and services to unaccompanied children who are in Federal custody by reason of their immigration status and are referred to ORR for care and custody, pursuant to the Homeland Security Act of 2002 and the William Wilberforce Trafficking Victims Protections Reauthorization Act of 2008. See ORR's Statement of Organization, Functions, and Delegations of Authority (89 FR 49889) for further information.

Unaccompanied Refugee Minors Program (URM) — An ORR-funded child welfare services program available pursuant to 8 U.S.C. § 1522(d). The URM program provides specialized foster care for refugees and other eligible populations of children (such as children granted asylum, Special Immigrant Juvenile Status, T or U status). States in which an eligible children are placed establish legal responsibility for the child, under State law, to ensure that the child receives the same range of child welfare benefits and services available to domestic foster children in the state, as well as additional unique services designed to address cultural, linguistic, and religious needs, as required by ORR regulations.

Verbal/Emotional Abuse — Refers to any criticisms, comments, behaviors, or threats that cause harm to a child’s psychological, intellectual, or emotional functioning or self-esteem, which may be exhibited by a child’s anxiety, loneliness, fear, sadness, withdrawal, aggression, and/or loss of trust with staff (based on the definition of emotional abuse from 42 U.S.C. § 5101, Note § 3, CAPTA Reauthorization Act of 2010 (P.L. 111-320), as referenced by the Administration for Children and Families Guide to Definitions on Child Abuse and Neglect  (PDF)). 

Vicarious Trauma — Refers to “the transformation of our view of the world due to cumulative exposure to traumatic images and stories.”

 


Footnotes

1. Mathieu, F. (2012). The Compassion Fatigue Workbook. In Routledge eBooks. https://books.google.com.tj/books?id=ZFaBtAEACAAJ&printsec=copyright#v=onepage&q&f=false