ORR Unaccompanied Alien Children Program Policy Guide: Record of Posting and Revision Dates
SECTION TITLE | ORIGINAL POSTING DATE | DATE(S) OF REVISION / REVISION DESCRIPTION |
---|---|---|
Section 1: Placement in ORR Care Provider Facilities | 1/27/15 | Not applicable. |
1.1 Summary of Policies for Placement and Transfer of Unaccompanied Children in ORR Care Provider Facilities | 1/27/15 | 10/27/22, Effective 11/21/22 — Revisions incorporate the requirements outlined in the Preliminary Injunction issued in Lucas R. v. Becerra, including clarifying that ORR may place children in out-of-network facilities at any of the identified levels of care. 2/22/24 — Revisions clarify ORR’s ability to begin the reunification process before a child is in federal custody; before ORR receives written referral; or before the child’s transfer to ORR’s physical custody and placement in a care provider facility. 8/1/24 — Revisions incorporate language from the UC Foundational Rule, includes clarifying general principles for care and placement of children. |
1.2 ORR Standards for Placement & Transfer Decisions | 1/27/15 | 10/27/22, Effective 11/21/22 — Revisions incorporate the requirements outlined in the Preliminary Injunction issued in Lucas R. v. Becerra and outline the circumstances where ORR may rely upon an out-of-network provider, including where an in-network provider is not able to provide the specialized services needed to meet child’s identified needs or where no in-network provider able to meet the child’s needs has capacity to accept a new placement. 8/1/24 — Revisions incorporate language from the UC Foundational Rule, includes clarifying that during influx ORR may place children in care provider facilities that meet criteria in Section 7 and that ORR places all children in standard programs that are not restrictive expect when a child meets criteria in 1.2.4 and 1.4.6 for placement in a restrictive setting (and in event of influx when ORR places children as expeditiously as possible). |
1.2.1 Placement Considerations | 1/27/15 | 8/1/24 — Revisions incorporate language from the UC Foundational Rule, includes adding 17 factors that ORR considers for placement, and that ORR will place children in facilities that can provide care (to the extent possible) for children that required specialized services or treatment. |
1.2.2 Children with Specific Individualized Needs | 1/27/15 | 8/1/24 — Revisions incorporate language from the UC Foundational Rule, include updating the title of the section; and lists factors that may be used to determine a child’s placement where particular services, equipment and treatment by staff may be needed. |
1.2.3 Safety Issues | 1/27/15 | 8/1/24 — Revisions update terminology to align with the UC Foundational Rule. |
1.2.4 Secure and Heightened Supervision Facilities | 1/27/15 | 6/12/17 — Revised criteria for placement into secure and staff secure facilities. 10/10/18 — Revised language to clarify when placement in a restrictive setting may be made and under what circumstances. Removed language that allowed placement of children with gang involvement or affiliation into a secure facility. Added staff secure placement factors to include unaccompanied children with gang involvement or affiliation. 10/27/22, Effective 11/21/22 — Revisions incorporate the requirements outlined in the Preliminary Injunction issued in Lucas R. v. Becerra and include establishing a clear and convincing evidentiary standard for placing unaccompanied children in restrictive or stepped-up facilities, outlining the criteria for Out-of-Network Placements, and the requirement that an NOP be provided to the child within 48 hours of their arrival to the restrictive facility. 7/17/24 — Revisions in accordance with the Lucas R. Disability Settlement: specifies criteria for the placement of children with disabilities in restrictive settings, requires that children not previously identified as having a disability be referred for evaluation for a disability prior to being stepped up to a secure, RTC, or other secure therapeutic facility. 8/1/24 — Revisions incorporate language from the UC Foundational Rule, includes updating title; clarifying that an incident report must not be used as basis for step up or a sole basis to refuse child placement; adds timelines for NOP to be sent to attorney, parent, LSP and child advocate; and adds that children must not be placed in secure facility that is not an RTC solely based on a finding that the child is a danger to self or if a less restrictive alternative is available . |
1.2.5 Unaccompanied Children Who Pose a Risk of Running Away | 1/27/15 | 6/12/17 — Non-substantive revisions for clarity. 8/1/24 — Revisions incorporate language from the UC Foundational Rule, includes updating title and clarifying factors that ORR considers when determining that a child is at risk for running away |
1.2.6 ORR Long-Term Foster Care | 1/27/15 | 10/5/15 — Clarified that ORR may waive the requirement that a legal service provider identify the unaccompanied child as eligible for immigration relief as well as the requirement that the unaccompanied child be under the age of 17 years and 6 months at the time of the child’s placement into an ORR long term foster care program. 1/12/24 — This update edits the section title; clarifies a child’s placement eligibility for Long-Term Foster Care; and adds instructions for legal service providers to provide a recommended list of preferred states for a child’s transfer to LTFC. 1/16/25 — Technical language changes made. |
1.2.7 Placing Family Members (Siblings and Children of Unaccompanied Children) | 1/27/15 | 8/1/24 — Revisions incorporate language from the UC Final Rule, includes language on placement and services for siblings, parenting unaccompanied children, and U.S. citizen children of unaccompanied children. |
1.3 Referrals to ORR and Initial Placement | 1/27/15 | 2/22/24 — Revisions to language used to refer to unaccompanied children. 8/1/24 — Revisions incorporate language from the UC Foundational Rule, including list of exceptional circumstances where ORR may be unable to identify timely placement for children. |
1.3.1 Request for Information from the Referring Federal Agency | 1/27/15 | 2/12/21 — Updated to reflect the terms of the Saravia v. Wilkinson settlement agreement. 2/22/24 — Revisions clarify that ORR can request additional information in order to being the vetting process prior to placement in an ORR care provider facility. 8/1/24 — Revisions incorporate language from the UC Foundational Rule, including that ORR may seek clarification about information provided by the referring agency. |
1.3.2 ORR Placement Designation | 1/27/15 | 4/22/16 — Added human trafficking or smuggling and drug smuggling to the criteria for using the Placement Tool. 10/10/18 — Added references to the Intakes Placement Checklist. Added criteria for consideration of placement into an RTC. 10/27/22, Effective 11/21/22 — Revisions incorporate the requirements outlined in the Preliminary Injunction issued in Lucas R. v. Becerra and highlight the clear and convincing evidentiary standard for placement in restrictive settings and detail the out-of-network placement criteria. 7/17/24 — Revisions in accordance with the Lucas R. Disability Settlement: specifies that children with disabilities must be placed in the least restrictive setting appropriate for their needs. Revisions also update terminology to align with the UC Foundational Rule. Added language requiring documentation of efforts to meet a child’s disability-related needs prior to step-up and why necessary supports and services for the child cannot be accomplished in a less restrictive setting. 8/1/24 — Revisions update terminology to align with the UC Foundational Rule and ORR’s Statement of Organization. 1/16/25 — Technical language changes made. |
1.3.3 Care Provider Placement Acceptance | 1/27/15 | 7/17/24 — Revisions in accordance with the Lucas R. Disability Settlement: directs that ORR care providers accept placement referrals for children with disabilities and seek support from ORR as needed to enable their acceptance of referrals; reiterates ORR’s compliance with Federal civil rights laws and nondiscrimination policies as outlined in ORR’s Nondiscrimination Notice. 8/1/24 — Revisions incorporate language from the UC Foundational Rule, including placement denials. 1/16/25 — Technical language changes made. |
1.3.4 Transfer of Custody to ORR | 1/27/15 | 8/1/24 — Revisions update terminology to align with the UC Foundational Rule. |
1.3.5 Initial Placements in the Event of an Emergency or Influx | 1/27/15 | 5/4/16 — Added hyperlink to related section 1.7 Placement and Operations During an Influx. 8/1/24 — Revisions update terminology to align with the UC Foundational Rule. |
1.3.6 Saravia Intakes Screening and Placement Determinations | 2/12/21 | 8/1/24 — Revisions update terminology to align with the UC Foundational Rule and ORR’s Statement of Organization. |
1.4 Transfers within the ORR Care Provider Network | 1/27/15 | 4/22/16 — Clarified that the FFS makes the final transfer decision. 3/28/23 — Clarified that ORR has final authority on transfer decisions and ORR/FFS act as agents of ORR when making transfer decisions. 7/17/24 — Revisions in accordance with the Lucas R. Disability Settlement: directs that prior to transfer of a child with disabilities to a restrictive placement, FFS Supervisors must document in the child’s Individualized Section 504 Service Plan why the child’s needs cannot be met in a more integrated, less restrictive placement; directs that prior to step up to a secure or RTC children not previously identified as having disability must be referred for an evaluation to determine if they have one or more disabilities. 8/1/24 — Revisions incorporate language from the UC Foundational Rule, including adding timeline of 3 business days where provider must make a transfer recommendation; that child must be medically cleared for transfer within 3 business days of identifying need for transfer; and lists items to accompany child. |
1.4.1 Least Restrictive Setting | 1/27/15 | 7/17/24 — Revisions in accordance with the Lucas R. Disability Settlement: affirms that children with disabilities must be placed in the least restrictive setting appropriate for their needs. Requires that when a child with a disability or disabilities is placed or is continuing placement in a restrictive setting, the care provider must document their plan for meeting the child’s needs in an Individualized Section 504 service plan and in the Notice of Placement in a Restrictive Setting. 8/1/24 — Revisions update terminology to align with the UC Foundational Rule. |
1.4.2 30-Day Restrictive Placement Case Review | 1/27/15 | 6/12/17 - Clarified use of the Placement Tool, and 30-day review process. Requires Supervisory FFS review of cases in secure placements for over 90 days. Clarified policy on how ORR investigates the veracity of criminal or violent history self-disclosed by a child. Revises criteria for step-ups and step-downs. Allows for attorneys, LSPs, and child advocates to be given documents related to a child’s step-up/step-down without the need to file a case file request. 10/10/18 — Removed references to the FAST tool. Included language to specifically add RTCs to the 30 day restrictive placement review process. 10/27/22, Effective 11/21/22 — Revisions incorporate the requirements outlined in the Preliminary Injunction issued in Lucas R. v. Becerra and highlight the clear and convincing evidentiary standard for restrictive placements, the requirement that an NOP be provided to a stepped up child within 48 hours of placement, and requirement that a copy of the Notice of Placement be provided to the child’s parent (unless certain exemptions apply). 7/17/24 — Revisions in accordance with the Lucas R. Disability Settlement: directs that a child’s disabilities are considered as part of the 30-day restrictive placement review. 8/1/24 — Revisions incorporate language from the UC Foundational Rule, including that children placed in secure facilities must not automatically be stepped down to a heightened supervision facility; restrictions around using SIRs as a basis for step ups and step downs; and considerations for children with disabilities consistent with Section 504. |
1.4.3 Long Term Care | 1/27/15 | 8/1/24 — Revisions incorporate terminology from the UC Foundational Rule. |
1.4.4 Transfer to Long-Term Care | 1/27/15 | 1/12/24 — Adds instructions for children who are transferring to LTFC. 8/1/24 — Revisions align terminology with the UC Foundational Rules. 1/16/25 — Technical language changes made. |
1.4.5 Group Transfers | 1/27/15 | 4/22/16 — Added emergency event or natural disaster to list of criteria for group transfers. |
1.4.6 RTC and OON Placements | 1/27/15 | 10/10/18 — Updated placement criteria for RTCs to specify the child must be a danger to self or others as determined by a licensed psychologist or psychiatrist. 10/27/22, Effective 11/21/22 — Revisions incorporate the requirements outlined in the Preliminary Injunction issued in Lucas R. v. Becerra and detail out-of-network placement criteria and pre-transfer requirements, including the requirement to notify the child’s attorney prior to the physical transfer of the child; outlines requirement to provide children placed in restrictive out-of-network facilities a Notice of Placement in a Restrictive Setting (NOP). 8/1/24 — Revisions incorporate language from the UC Foundational Rule, includes simplifying criteria for placement in an RTC and clarifying that OON may be restrictive or non-restrictive |
1.4.7 Requesting Reconsideration of a Restrictive Placement | 6/12/17 | 10/27/22, Effective 11/21/22 — Revisions incorporate the requirements outlined in the Preliminary Injunction issued in Lucas R. v. Becerra, removing requirement that children in restrictive settings wait 30 days before they can request reconsideration of their placement. 8/1/24 — Revisions incorporate language from the UC Foundational Rule, includes updates on the process for requesting a placement reconsideration and timelines for relevant actions. |
1.4.8 Transfers for Saravia Class Members | 2/12/21 | 8/1/24 — Revisions update terminology to align with the UC Foundational Rule. |
1.5 Placement Inquiries | 1/27/15 | Not Applicable |
1.5.1 ORR National Call Center | 1/27/15 | 10/6/23 — Added footnote describing additional functions of the ORR National Call Center as described in Sections 2.2.3, 2.8.4, 6.2.1, and 6.8.6. 01/13/25 — Removed reference to filing a change of venue from footnote. |
1.6 Determining the Age of an Individual w/o Lawful Immigration Status | 5/11/15 | 8/31/15 — Minor modifications to the existing policy developed jointly by DHS and ORR on determining the age of unaccompanied children when no other information is available. 8/1/24 — Revisions incorporate language from the UC Foundational Rule, but does not substantively change the jointly-developed policy. |
1.6.1 Unaccompanied Children in HHS Custody | 5/11/15 | 8/31/15 — Minor modifications to the existing policy developed jointly by DHS and ORR on determining the age of unaccompanied children when no other information is available. 8/1/24 — Revisions incorporate language from the UC Foundational Rule, but does not substantively change the jointly-developed policy. |
1.6.2 Instructions for Age Determinations | 5/11/15 | 8/31/15 — Minor modifications to the existing policy developed jointly by DHS and ORR on determining the age of unaccompanied children when no other information is available. 7/5/16 — Clarified that dental and skeletal (bone) maturity assessments using radiographs may be used to determine age only in conjunction with other evidence. 4/13/22 — Removal of skeletal (bone) maturity assessments since DHS does not accept this form of medical age assessment for age determinations. Additionally, clarification that once a child is determined to be an adult, the program coordinates with the FOJC to transfer the individual out of ORR custody instead of stating the individual will be transferred to an adult DRO facility (DHS has discretion on whether to detain or release the individual). 8/1/24 — Revisions incorporate language from the UC Foundational Rule, but does not substantively change the jointly-developed policy. |
1.7 Placement and Operations During an Influx | 3/21/15 | 9/18/19 — REPEALED. Policies related to influx care facilities are under Section 7. |
1.7.1 Activation of HPCs | 3/21/15 | 9/18/19 — REPEALED. Policies related to influx care facilities are under Section 7. |
1.7.2 Placement into HPCs | 3/21/15 | 9/18/19 — REPEALED. Policies related to influx care facilities are under Section 7. |
1.7.3 Placement into Influx Care Facilities | 3/21/15 | 9/18/19 — REPEALED. Policies related to influx care facilities are under Section 7. |
1.7.4 Admission and Orientation for HPCs and Influx Care Facilities | 3/21/15 | 9/18/19 — REPEALED. Policies related to influx care facilities are under Section 7. |
1.7.5 Medical Services | 3/21/15 | 9/18/19 — REPEALED. Policies related to influx care facilities are under Section 7. |
1.7.6 HPC and Influx Care Facility Services | 3/21/15 | 9/18/19 — REPEALED. Policies related to influx care facilities are under Section 7. |
1.7.7 Transportation During Influx | 3/21/15 | 9/18/19 — REPEALED. Policies related to influx care facilities are under Section 7. |
1.7.8 Federal Staffing Plan | 3/21/15 | 9/18/19 — REPEALED. Policies related to influx care facilities are under Section 7. |
Section 2: Safe and Timely Release from ORR Care | 1/27/15 | Not applicable. |
2.1 Summary of the Safe and Timely Release Process | 1/27/15 | 6/18/19 — Revised wording to provide clarity. 2/22/24 — Revisions clarify that ORR may begin vetting potential sponsors prior to children being physically transferred into ORR care and custody. 8/1/24 — Revisions for clarity and to indicate when sponsor vetting can be initiated prior to a child entering ORR care, incorporating language from the UC Foundational Rule. |
2.2 Sponsor Application Process | 1/27/15 | 6/18/19 — Renamed section and revised wording to provide clarity. 2/22/24 — Revisions clarify that ORR may begin vetting potential sponsors prior to children being physically transferred into ORR care and custody. Procedural guidance tailored to the requirements and legal authorities of the specific circumstances will guide advance vetting in certain cases. 8/1/24 — Revisions to add guidance on interpretation and translation services and to clarify that vetting potential sponsors of children prior to their physical transfer may occur in certain exceptional cases, incorporating language from the UC Foundational Rule. |
2.2.1 Identification of Qualified Sponsors | 1/27/15 | 4/7/15 — Clarification that first cousins are Category 2 sponsors. 6/18/19 — Split category 2 sponsors into two separate sponsor categories, category 2A and category 2B. 3/8/22 — Clarifies what category of sponsorship applies for cases where an unaccompanied child enters the United States with their biological child for each child. 8/1/24 — Technical language changes and clarifying guidance on who is interviewed to assist in identifying sponsors, incorporating language from the UC Foundational Rule. |
2.2.2 Contacting Potential Sponsors | 1/27/15 | 2/13/24 — Technical language changes made. |
2.2.3 The Family Reunification Application | 1/27/15 | 8/24/15 — Added clarification that care providers confirm the relationship of Category 3 sponsors who have a distant relation with youth but no supporting documentation. 1/9/17 — Clarified that the care provider informs potential sponsors that they may submit additional information not requested in the FRA, in order to support their application for release of a child. 6/7/18 — Revised to reflect updated fingerprint instructions. 6/18/19 — Renamed section and revised list of documents included in the FRP. 5/6/21 — Removed Sponsor Declaration from the list of FRP documents. 3/8/22 — Updates guidance to state that the ORR case manager or other care provider staff can fill out the FRA on behalf of a sponsor, unless there is a safety flag identified that would indicate that the sponsor should fill out the FRA without the case manager's assistance or if the sponsor prefers to fill out the FRA by themselves. 8/1/24 — Added hyperlinks to Guide to Terms. |
2.2.4 Required Documents for Submission with the Application for Release | 1/27/15 | 9/19/16 — Added guidance on the types of documents ORR accepts as evidence of the sponsor’s identity, the identity of household members and adults identified in a sponsor care plan, the sponsor’s address, the child’s identity, and the sponsor-child relationship. 10/3/16 — Revisions to the list of acceptable documents to prove identity for sponsors and household members. 11/14/16 — Updated list of acceptable identity documents, and added an alternative method to verify sponsor address. 4/16/19 — Removed a reference to the Family Reunification Checklist for Sponsors, which was discontinued in April 2018. 6/18/19 — Added a proof of immigration status or U.S. citizenship requirement and an explanation of what is required for category 2A sponsors who need to prove they are/were a primary caregiver. 7/3/19 — Revised policy on release to Cat 3 sponsors who do not have a bona fide preexisting relationship with the child. 3/8/22 - Includes ORR Verification of Release form as an acceptable proof of identity document; clarifies that adults in sponsor plan need proof of identity documents. 1/30/23 — Removed proof of immigration status or U.S. citizenship requirement. 2/13/24 — Adult Household Members and Adult Caregivers of certain Category 1 sponsors do not need to provide proof of identity (incorporates FG 10, in part). Incorporates FG 15 by allowing a sponsor who is simultaneously sponsoring multiple children related to them and is the Category 1 sponsor to at least one of them, to undergo the vetting requirements of a Category 1 sponsor for all children simultaneously sponsored, specifically relating to the proof of identity requirements of Adult Household Members and Adult Caregivers. 8/1/24 — Technical revisions for clarity. |
2.2.5 Legal Orientation Program for Custodians | 1/27/15 | 12/4/17 — Added attendance at LOPC presentation as an assessment criteria. |
2.2.6 Additional Q&As on Topic | 1/27/15 | 8/1/24 — Added numbering to the questions and answers. |
2.3 Key Participants in Release Process | 1/27/15 | 8/1/16 — Added reference to Child Advocates as participants in the release process and after-care planning. 6/18/19 — Revised wording to provide clarity. |
2.3.1 ORR/FFS | 1/27/15 | 3/15/16 — Added new footnote (FN4) regarding approval of discretionary home studies described in Section 2.4.2. 8/1/16 — Added reference to Child Advocates as participants in the release process and after-care planning. 3/28/23 — Clarified that ORR has final authority on transfer and release decisions and ORR/FFS act as agents of ORR when making these decisions. 8/1/24 — Hyperlinks added to Guide to Terms. |
2.3.2 Case Managers | 1/27/15 | 8/1/16 — Added reference to Child Advocates as participants in the release process and after-care planning. 4/24/17 — Added requirement that Case Managers provide weekly status updates (monthly for children in LTFC) to the child on the child’s case and provision of services, preferably in person. 6/7/18 — Updated to reflect additional case manager duties regarding information sharing and notifications. 8/4/21 — Added reference to the Policy Memorandum: Medical Services Requiring Heightened ORR Involvement. 12/17/21 — Updated to include hours during which Case Managers are expected to provider case management services. 8/7/23, Effective 8/21/23 — Clarified that child advocates may attend case staffings and which stakeholders case managers must provide weekly case updates to, and what they should include. 8/1/24 — Clarified care providers must have case managers based on-site at facility consistent with UC Foundational Rule preamble. |
2.3.3 Case Coordinators | 1/27/15 | 8/1/16 — Added reference to Child Advocates as participants in the release process and after-care planning. |
2.3.4 Child Advocates | 8/1/16 | 8/7/23, Effective 8/21/23 — Clarified that child advocates must keep case file information confidential from non-ORR grantees, contractors and Federal staff. 8/1/24 — Clarified definition and role of “interested parties”; established deadline for ORR decision to appoint advocate in routine cases; clarify advocate access to child’s case file records and exemption from the case file request process; affirm ORR will not retaliate against advocate as a result of official actions taken on behalf of the child; limits ORR’s duty to appoint an advocate to children who are or have been in ORR care; establish ORR mandate to provide qualified confidential interpretation or translation services to advocates; Establishes the criteria to terminate the appointment. |
2.4 Sponsor Assessment & Home Studies | 1/27/15 | 3/15/16 — Technical revisions. 8/1/24 — Technical revisions. |
2.4.1 Assessment Criteria | 1/27/15 | 12/4/17 — Added attendance at LOPC presentation as an assessment criteria. 1/30/23 — Removed the bar on release to unrelated individuals with an outstanding order of removal and replace it with a new assessment criteria that will factor outstanding orders of removal into the sponsor assessment process. 8/1/24 — Clarifies that lack of a pre-existing relationship with the child does not categorically disqualify a potential sponsor, but the lack of such relationship will be a factor in ORR’s overall suitability assessment. Requires ORR to consider the sponsor’s understanding and awareness of responsibilities related to school attendance and U.S. child labor laws when evaluating family members and other potential sponsors. Adds clarifying guidance for considering the unaccompanied child’s current functioning and strengths in relation to any risk factors or special concerns when evaluating family members and other potential sponsors. |
2.4.2 Home Study Requirement | 1/27/15 | 7/27/15 — Added “ORR also requires a mandatory home study before releasing any child to a non-relative sponsor who is seeking to sponsor multiple children, or has previously sponsored a child and is seeking to sponsor additional children.” 5/9/16 — Provided additional information about House Studies and the Home Study Report and Recommendation. 1/9/17 — Clarified that the care provider must inform the potential sponsor whenever a home study is conducted, and provide a copy of the home study report to potential sponsors whose release requests are denied. 1/30/23 — Added a new requirement that within three (3) calendar days of the home study referral, the home study provider must accept the referral and staff the case with a case manager. Revised the existing requirement for home study providers to submit the written report within 10 business days of receipt of the referral to within 10 calendar days of receipt of the referral. Requests by the home study provider to extend beyond 10 calendar days or to cancel a home study must be submitted in writing to the ORR Federal Field Specialist for consideration. Amended the policy to require home study providers to conduct home studies in-person but, in the event of exceptional circumstances, permit ORR to approve virtual home studies. 3/28/23 — Reformatted ORR mandatory home study requirements into bullet points. Clarified in Footnote 6 that the ORR Director delegates final authority for approving discretionary home studies to ORR/FFS Supervisors who act as agents of HHS/ORR. Clarified that ORR/FFS act as agents of HHS/ORR to approve all release requests. 2/13/24 — Adds requirement for sponsors who have successfully sponsored two children and are now seeking to sponsor a third child to undergo an ORR-mandated home study (regardless of the sponsor's relationship to the child). Clarifies that a Home Study is valid for one year. 8/1/24 — Clarifies the TVPRA mandatory home study requirement for a child who has a disability and requires particularized services or treatment, incorporating language from the UC Foundational Rule. |
2.4.3 Additional Q&As on Topic | 1/27/15 | 8/1/24 — Added numbering to the questions and answers. |
2.5 Sponsorship Assessment Background Check Investigations | 1/27/15 | 1/17/16 — Added the note that an Authorization for Release of Information is no longer required to perform either a public records check or sex offender registry check. 6/7/18 — Updated background check policies. 12/18/18 — Added “when applicable” to fingerprint submission requirements to reflect changes to background check policies. 6/18/19 — Renamed section and revised wording to provide clarity. 2/13/24 — Adult Household Members and Adult Caregivers of certain Category 1 sponsors do not need to undergo public records background checks, so long as the child is not especially vulnerable, the sponsor is not subject to a TVPRA-mandated home study, and there are no red flags with the case (incorporates FG10, in part). Incorporates FG 15 by allowing a sponsor who is simultaneously sponsoring multiple children related to them, to undergo the background check requirements of the child most closely related to the sponsor (e.g., a sponsor who is the parent to one child). 8/1/24 — Establishes US DOJ NSOPW must be completed for all sponsors and adult household members, regardless of sponsor category; Consistent with Feb. 2024 updates to Sponsor Vetting, new text added that conditionally exempts Adult Household Members (AHM) and Adult Caregivers (ACG) associated with certain Category 1 sponsors from providing proof of identity, and from completing public records checks and/or FBI fingerprint checks, provided certain criteria are met, incorporating language from the UC Foundational Rule. |
2.5.1 Background Check Requirements | 1/27/15 | 3/23/15 — Added requirement that all Category 3 sponsors must undergo Child Abuse and Neglect Checks. 1/17/16 — Summary of changes: 3/31/16 — Clarified home study policies. 4/11/16 — Clarification that table represents minimum standards. 6/7/18 — Updates with changes to background checks by DHS and fingerprint and background check requirements 12/18/18 — Revised criteria and table to reflect changes to fingerprint submission requirements for some household members. 6/18/19 — Added a brief description of the transmission process for background checks, including identification of Federal and state agencies involved in the process. Removed requirement of DHS immigration status checks and criminal history checks. Revised/added fingerprint check criteria for category 1, 2A, and 2B sponsors. Revised CA/N check criteria for category 3 sponsors. 2/13/24 — Adult Household Members and Adult Caregivers of certain Category 1 sponsors do not need to undergo public records background checks, so long as the child is not especially vulnerable, the sponsor is not subject to a TVPRA-home study, and there are no red flags with the case (incorporates FG10, in part). Incorporates FG 15 by allowing a sponsor who is simultaneously sponsoring multiple children related to them and is the Category 1 sponsor to at least one of them, to undergo the vetting requirements of a Category 1 sponsor for all children simultaneously sponsored; adds fingerprint exceptions for category 2B cases with qualifying category 1 or 2A sponsors. |
2.5.2 Results of Background Checks on Release Decisions | 1/27/15 | 6/7/18 — Added information sharing policy to results of background checks. 6/18/19 — Revised information sharing policy for results of background checks. Made policy on criminal history also applicable to adverse child welfare findings. Moved language on sponsor immigration status to Section 2.6. Added policy concerning derogatory information obtained after the child is released. Updated table on next steps to remove language on immigration status, add language on criminal history pending results, and revise language on CA/N checks pending results. |
2.5.3 Commonly Asked Questions on the ORR Background Check Process | 1/27/15 | 6/7/18 — Clarified that adult household members must agree to a background check. 6/18/19 — Renamed section (previously Additional Questions and Answers on this Topic). Removed question on deadline for providing fingerprints. Revised answers to Q1, Q4, and Q5. Added questions Q6 and Q7, relating to information sharing of background check results. 6/4/21 — Updated date until which DHS is restricted from using information. 8/1/24 — Removed question 7, consistent with language from the UC Foundational Rule. |
2.6 Sponsor Immigration Status and Release of Unaccompanied Children | 1/27/15 | 6/7/18 — Added information sharing policy to section. 6/18/19 — Added language that was previously in Section 2.5.2 on use of immigration status information. Removed all subsections. 1/30/23 — Removed references to the sponsor care plan. Revised to state that ORR doesn’t collect immigration status information directly from the sponsor, clarified how ORR may obtain this information through FBI background checks, and that ORR does not share this information. Removed bar on release to unrelated individuals with an outstanding order of removal. |
2.6.1 Application Process | 1/27/15 | 6/18/19 — Removed subsection. |
2.6.2 Fingerprints | 1/27/15 | 6/7/18 — Updated with new fingerprinting requirements and information sharing. 6/18/19 — Removed subsection. |
2.6.3 Other Background Checks Related to Immigration | 1/27/15 | 6/18/19 — Removed subsection. |
2.6.4 Results of Immigration-Related Checks | 1/27/15 | 6/7/18 — Added link to sponsor care plan section. 6/18/19 — Removed subsection. |
2.7 Recommendations and Decisions on Release | 1/27/15 | 3/15/16 — Added description of care providers’ duty to provide ORR with recommendations concerning release of unaccompanied alien children in their care. 8/1/16 — Added reference to Child Advocates as participants in the release process and after-care planning. 6/12/17 — Requirement that the ORR Director, or designee, review any case for release where the child is placed at or previously placed at a secure or staff-secure facility. 3/28/23 — Clarified that ORR/FFS act as agents of HHS/ORR to approve all release requests. 6/29/18 — Director review removed. 2/13/24 — Case Coordination Third Party Review may not take place for certain Category 1 cases where there are no red flags, the child is not particularly vulnerable, and the sponsor is not subject to a TVPRA-mandated home study. 4/1/24 — Removed footnote on case coordinator recommendations. 7/17/24 — Revisions in accordance with the Lucas R. Disability Settlement: specifies that release of children with disabilities from ORR custody should not be delayed due to an incomplete Individual Section 504 Service Plan or incomplete disability evaluation unless the evaluation is necessary for determining whether release is appropriate. 8/1/24 — Adds timelines for ORR adjudication of completed sponsor applications, incorporating language from the UC Foundational Rule. 1/15/2025 - Adds note for child separated from their parent or legal guardian under Section 2.10 Separation Cases Under Ms. L. Settlement, the case manager makes a recommendation to the FFS on the decision on release; no third-party review is conducted by a Case Coordinator. |
2.7.1 Approve Release Decisions | 1/27/15 | 3/28/23 — Clarified that ORR/FFS act as agents of HHS/ORR when making release decisions. |
2.7.2 Approve Release with Post-Release Services | 1/27/15 | 4/16/19 — Removed a reference to post release service timeframes and added a hyperlink to section 6.2. 3/28/23 — Clarified that ORR/FFS act as agents of HHS/ORR when approving a release with post-release services. 8/1/24 — Technical revisions. |
2.7.3 Conduct a HS Before a Final Release Decision Can Be Made | 1/27/15 | 3/28/23 — Clarified that ORR/FFS act as agents of HHS/ORR when approving that a home study be conducted. |
2.7.4 Deny Release Request | 1/27/15 | 1/17/16 — Certain criminal history and substantiated child welfare findings will automatically disqualify potential Category 2 and Category 3 sponsors. Additionally, disqualifying criteria now appears only in section 2.7.4. 6/18/19 — Revised to reflect separation of category 2 sponsors into category 2A and category 2B. |
2.7.5 Remand Release Request— Decision Pending | 1/27/15 | Not applicable. |
2.7.6 Issues Related to Recommendations and Decisions | 1/27/15 | 6/7/18 — Added post release services to safety plan and added details on sponsor care plan 1/30/23 — Revised to require that all sponsors identify an alternate adult caregiver. |
2.7.7 Notification of Denial | 1/27/15 | 1/9/17 — In conjunction with new subsection 2.7.8, revised and expanded policy on sponsors’ ability to request reconsideration of denied release request. Under 2.7.7, distinguished timelines and requirements for notifications of denial to Category 1 potential sponsors and non-Category 1 potential sponsors, as well as denials based solely on a child’s danger to him or herself or the community. 5/2/17 — Extended timeframe for ORR Director’s notification of denial to parent or legal guardian from 7 to 30 days. Changed terminology from “Review and Reconsideration” to “Appeal.” 10/27/22, Effective 11/21/22 — Revisions incorporate the requirements outlined in the Preliminary Injunction issued in Lucas R. v. Becerra, including the requirement that a written Notification of Release Denial letter be provided to Category 2A and 2B sponsors (previously only Category 1). 7/21/23 — Revision to specify that a copy of the Notification of Denial Letter is provided to a child’s attorney of record. |
2.7.8 Appeal of Release Denial | 1/9/17 | 5/2/17 — Streamlined appeal process, allowing appeals to go directly to the Assistant Secretary. Removed role of Reconsideration Officer. In cases where denial is based on children being a danger to self or community, revised policy to allow children to appeal, provided that the parent/guardian is not also seeking an appeal. 10/27/22, Effective 11/21/22 — Revisions incorporate the requirements outlined in the Preliminary Injunction issued in Lucas R. v. Becerra and expand the option to request an appeal of a release denial decision to the Office of the Assistant Secretary of ACF to Category 2A and 2B sponsors (previously only Category 1). 8/1/24 — Hyperlink added to the Guide to Terms. |
2.7.9 90-Day Review of Pending Family Reunification Applications | 10/27/22, Effective 11/21/22 | 10/27/22, Effective 11/21/22 — Revision incorporates the requirements outlined in the Preliminary Injunction issued in Lucas R. v. Becerra and describes the newly established process for conducting ORR/FFS review of sponsor applications pending for 90 days and every 90 days thereafter. 8/1/24 — Clarifies that ORR supervisory staff who supervise field staff will conduct the additional reviews for cases not resolved after the initial 90-Day Review. Adds that ORR may, in its discretion and subject to resource availability, conduct additional reviews on a more frequent basis than every 90 days. Revisions consistent with the Guide to Terms. |
2.8 Release from ORR Custody | 1/27/15 | 8/1/24 — Technical revisions. |
2.8.1 After Care Planning | 1/27/15 | 8/1/16 — Clarified that Child Advocates have access to their clients’ forms and documents. 6/7/18 — Added reference to sponsor care agreement. 3/25/24 — Updated to match revisions made to the Sponsor Care Agreement. |
2.8.2 Transfer of Physical Custody | 1/27/15 | 3/14/16 — Clarified and added safeguards to the actions care providers must take concerning a sponsor’s presentation of identity documents. 6/18/19 — Added clarification regarding use of travel agents. 1/10/22 — Removed language stating that the sponsor is responsible for transportation costs and that ORR will not pay for sponsor airfare. Added broader language stating that the case manager will assist in arranging transportation. 8/1/24 — Clarifies that ORR assists in making transportation arrangements without undue delay when planning to release a child to a sponsor. Notes ORR may require the care provider facility to transport a child and may, in its discretion, either reimburse the care provider facility or directly pay for the child and/or sponsor’s transportation, as appropriate, to facilitate timely release, incorporating language from the UC Foundational Rule. |
2.8.3 Closing the Case File | 1/27/15 | Not applicable. |
2.8.4 Safety and Well Being Follow-Up Call | 8/17/15 | Not applicable. |
2.8.5 Requesting Specific Consent from ORR Regarding Custody Proceedings | 5/2/16 | 10/6/23 — Repealed. 8/1/24 — Renamed the section from the previously repealed “Post-Release Services for children with Zika Virus Disease or Infection.” Established requirements and guidance for requesting specific consent from ORR to invoke the jurisdiction of a juvenile court to determine or alter an unaccompanied child’s custody status or release from ORR custody, consistent with the UC Foundational Rule. |
2.8.6 Release for Children with Legal Immigration Status | 5/8/17 | 8/1/24 — Technical revisions. |
2.8.7 Release of Saravia Class Members | 2/12/21 | 8/1/24 — Technical revisions. |
2.9 Bond Hearings for Unaccompanied Children | 7/7/17 | 7/19/17 — Removed procedural language (revised language to be communicated separately after consultation with partner agencies); specified that Notice will be provided to children in secure and staff secure facilities. 08/30/2024 - Revised section to align with the Foundational Rule Section 1903 establishing Risk Determination Hearings, and remove references to Flores Bond Hearings. |
2.10 Separation Cases Under Ms. L Settlement | 1/15/2025 | Not applicable |
2.10.1 Identification of Separation Case and Facilitating Communication between Child and Parent or Legal Guardian | 1/15/2025 | Not applicable |
2.10.2 Communication with Legal Service Provider, Attorney of Record, and/or Child Advocate | 1/15/2025 | Not applicable |
2.10.3 Communication with DHS and Other Law Enforcement | 1/15/2025 | Not applicable |
2.10.4 Ms. L. Reunification Process | 1/15/2025 | Not applicable |
2.10.5 Joint Removal of Parent or Legal Guardian and Child | 1/15/2025 | Not applicable |
Section 3: Services | 1/28/15 | Not applicable. |
3.1 Summary of Services | 1/28/15 | 8/1/16 — Added reference to Child Advocates as participants in the release process and after-care planning. 8/1/24 — Revisions incorporate language from the UC Foundational Rule, including that requirements in this section apply only to standard and secure care providers; specifies requirements if a state is unwilling to license the care providers, and requires care providers comply with state and local laws. |
3.2 Care Provider Admissions & Orientation for Unaccompanied Children | 1/28/15 | 8/1/16 — Added reference to Child Advocates as participants in the release process and after-care planning. 8/1/24 — Replaced staff secure with heightened supervision facility, consistent with UC Foundational Rule. |
3.2.1 Admissions for Unaccompanied Children | 1/28/15 | 6/12/17 — Added requirement that care providers warn UC during the admissions process that self-disclosure of criminal or violent history while in care may result in the UC’s transfer to another care provider and may affect their release. 4/3/18 — Removed reference to the Assessment for Risk, which must be completed within 72 hours of a child’s admission to a care provider facility, not within 24 hours. 5/31/22 — Revised to include requirement for care providers to review the Disclosure Notice with each child prior to completing the UC Assessment and prior to starting counseling services with each child and cross-reference to Section 5.9.1 added. Posted Date: 1/8/24; Effective Date: 1/15/24 — Updates related to health condition inquiries during the UC admissions process and proper elevation of any medical concerns. 8/1/24 — Revisions incorporate language from the UC Foundational Rule, including specifying that care providers also must notify OTIP if a child may have been a victim of labor exploitation. |
3.2.2 Orientation | 1/28/15 | 8/1/24 — Revisions incorporate language from the UC Foundational Rule: Added requirement that care providers notify children their language needs must be accommodated and added specificity on interpreter and translation requirements. |
3.3 Care Provider Required Services | 1/28/15 | 5/23/16 — Modified language related to family planning services. 5/31/22 — Revised to include requirement for care provider clinicians to review the Disclosure Notice with each child prior to completing the UC Assessment and at the start of clinical services. 8/2/23 — Added reference to Historical Disclosures and Behavioral Notes. 8/1/24 — Revisions incorporate language from the UC Foundational Rule: Added details of physical care and maintenance children must receive, details on individual service plans, and information children will receive on child labor laws and work opportunities. |
3.3.1 UC Assessment & Case Review | 1/28/15 | 12/16/16 — Changed completion date from 7 to 5 days. 8/2/23 — Added reference to Historical Disclosures. |
3.3.2 Long Term & Concurrent Planning | 1/28/15 | Not applicable. |
3.3.3 Screening for Child Trafficking & Services for Victims | 1/28/15 | 7/3/17 — Changed definition of human trafficking and provides information about how to better identify trafficking victims. 8/2/23 — Added reference to Historical Disclosures. |
3.3.4 Safety Planning | 1/28/15 | 8/8/16 — Added guidance on safety planning for field trips or other off-site outings. 4/24/17 — Added off-site religious services to list requiring safety planning. 6/3/22 — Technical revisions clarify the assessment necessary for outing participation when a child has runaway or is at risk of running away from their ORR placement. Removed the 30-day assessment period, replacing the timeframe with a seven-day assessment period, and described in detail what evidence would constitute active runaway planning. Revisions also clarify that UC must continue to receive minimum required services regardless of runaway risk. |
3.3.5 Academic Educational Services | 1/28/15 | 4/24/17 — Added 72-hour time frame for educational assessment. Added pre-approval requirement for academic breaks. 8/1/24 — Revisions incorporate language from the UC Foundational Rule: clarified language access requirements in educational instruction and materials for children. |
3.3.6 Vocational Educational Services | 1/28/15 | Not applicable. |
3.3.7 Services Related to Culture, Language, & Religious Observation | 1/28/15 | 8/1/24 — Revisions incorporate language from the UC Foundational Rule: Adds language about translation and interpretation requirements. |
3.3.8 Recreation & Leisure Time Services | 1/28/15 | 8/1/24 — Revisions incorporate language from the UC Foundational Rule: Clarified that children must have reading materials in languages other than English. |
3.3.9 Nutritional Services | 1/28/15 | Not applicable. |
3.3.10 Calls, Visitation, Mail and Email | 1/28/15 | 6/15/23 — Changed title; distinguished email from mail and added sub headers; clarified and emphasized minimum call times for children; added 45 minute minimum call times for children during weekends, holidays, child’s birthdays and added unlimited calls during exceptional circumstances; included preference for video calls over audio-only calls; added language on what a "call attempt" or call opportunity is. 8/1/24 — Adds sponsor to list of individuals care providers must provide children the opportunity to have calls with, consistent with language from the UC Foundational Rule. |
3.3.11 Clothing & Personal Grooming | 1/28/15 | 4/24/17 — Clarified that child may wear his/her own appropriate clothing and that footwear may not be used to control behavior. |
3.3.12 Assignment of Chores | 1/28/15 | Not applicable. |
3.3.13 Behavior Management | 1/28/15 | 12/23/22 — Provide further detail on how care providers are expected to develop their child behavior management practices so as to: avoid negative reinforcement and punitive measures; utilize behavior management practices that are trauma-informed, age appropriate, and evidence-based to help children develop healthy skills, habits, and adjustment; and never threaten children in any way, especially by using threats of incident reporting to manage behavior. 7/8/24 — Updates requirements on behavior management practices and what behavior management practices are prohibited. |
3.3.14 Transportation Services | 1/28/15 | 8/1/24 — Revisions incorporate language from the UC Foundational Rule: clarifies that ORR must assist with transport arrangement when a child is released to a sponsor, and may require care provider participation. Adds requirements regarding providing transport as part of medical care. |
3.3.15 Use of Restraints or Seclusion in Emergency Safety Situations in RTCs | 3/2/15 | 7/8/24 — Creates policy for use of personal restraint in emergency safety situations at all care provider facilities and mechanical restraints and seclusion at secure care provider facilities that are not an RTC. |
3.3.16 Notification and Reporting of the Death of Unaccompanied Children | 3/16/15 | 5/31/16 — Updated list of notifications in the event of a death of an unaccompanied alien child. 7/22/19 — Added notification to Congressional officials. 8/2/23 — Updated list of Congressional committees to be notified. Added that the Embassy must be notified of the death. Added that HHS-OIG must be notified of the death. Allowed some notifications to be made by email instead of phone. |
3.3.17 Planned Use of Restraints for Transporting Children To and From Secure Care Providers (that are not RTCs) | 4/27/15 | 7/12/16 — Clarifies that ORR only allows the use of soft restraints during transport when a child poses a serious risk of escape, or physical harm to self or others, and that care providers must take into account the child’s medical and/or mental health issues before employing soft restraints. 7/8/24 — Updates policy around use of planned use of soft restraints in transport to and from care provider facilities that are not RTCs. |
3.3.18 Restraints in Immigration Court and Asylum Interviews | 7/12/16 | 7/8/24 — Updates requirements for approval of use of soft restraint during immigration court and asylum interviews to minimize use of restraints. |
3.3.19 Accommodations for Saravia Hearings | 2/12/21 | |
3.4 Health Care Services | 8/4/21 | 5/23/16 — Modified language related to family planning services. 8/4/21 — Added reference to the Policy Memorandum: Medical Services Requiring Heightened ORR Involvement. Posted Date: 1/8/24; Effective Date: 1/15/24 — Updates explicitly requiring care providers have medical services in place prior to children being placed with the care provider. |
3.4.1 Healthcare Eligibility and General Standards | 5/11/15 | Posted Date: 1/8/24; Effective Date: 1/15/24 — Updates to address Medicaid and CHIP eligibility for classes of children, and the process by which care providers should enroll eligible children for Medicaid and CHIP benefits. 12/2/24 — Establishes policy requiring care providers to ensure children have access to interpreters during healthcare visits and medical exams, and that healthcare providers guarantee the presence of a medical chaperone during sensitive examinations |
3.4.2 Initial Medical and Dental Examinations and Follow-up Care | 1/24/16 | 1/24/16 — Updates to reflect current practices; no changes to actual services. Posted Date: 1/8/24; Effective Date: 1/15/24 — Updates to dental policies to align with UC MAP provisions. 8/1/24 — Revisions incorporate language from the UC Foundational Rule: clarifies components of annual exams. |
3.4.3 Requests for Healthcare Services, including Serious Medical Services Requiring Heightened ORR Involvement | 8/4/21 | 8/4/21 — Added reference to the Policy Memorandum: Medical Services Requiring Heightened ORR Involvement. Posted Date: 1/8/24; Effective Date: 1/15/24 — Updates regarding response times for non-emergency medical concerns from 24-48 hours to conducting triage within two hours and steps for completing the Serious Medical Procedure Request form. 8/1/24 — Revisions incorporate language from the UC Foundational Rule: Clarifies that care provider must notify ORR within 24 hours any time there is a request for medical services requiring heightened ORR involvement or discovery of a pregnancy. |
3.4.4 Medication Administration & Management | 5/11/15 | 9/12/15 — Removed requirement that care providers must report all medication errors to ORR. |
3.4.5 Responding to Medical Emergencies | 5/11/15 | 8/4/21 — Added reference to the Policy Memorandum: Medical Services Requiring Heightened ORR Involvement. 8/2/23 — Updated definition of Medical Emergency. |
3.4.6 Management of Communicable Diseases | 5/11/15 | 8/1/24 — Revisions incorporate language from the UC Foundational Rule: clarifies requirements for medical isolation to prevent spread of communicable diseases. |
3.4.7 Maintaining Health Care Records & Confidentiality | 5/11/15 | 8/4/21 — Added reference to the Policy Memorandum: Medical Services Requiring Heightened ORR Involvement. |
3.4.8 Medical Clearance Prior to Release or Transfer | 5/11/15 | Not applicable. |
3.4.9 Provider Reimbursement | 5/11/15 | 8/4/21 — Modified language related to provider reimbursement. 12/20/23 — Updated to state ORR does not permit or reimburse sexual orientation and gender identity (SOGI) change efforts, commonly referred to as “conversion therapy,” for children in ORR custody under any circumstances. |
3.5 Guiding Principles for the Care of LGBTQI+ Unaccompanied Children | 6/17/15 | 12/20/23 — Non-substantive revisions for clarity and added cross reference to Section 5.10. |
3.5.1 Zero Tolerance for Discrimination and Harassment | 6/17/15 | 12/20/23 — Non-substantive revisions for clarity. |
3.5.2 Prohibition on Segregation & Isolation | 6/17/15 | 12/20/23 — Non-substantive revisions for clarity. |
3.5.3 Confidentiality with Regard to Sexual Orientation & Gender Identity | 6/17/15 | 12/20/23 — Non-substantive revisions for clarity and added cross reference to Section 5.10. |
3.5.4 Housing | 6/17/15 | 12/20/23 — Non-substantive revisions for clarity. |
3.5.5 Restroom & Dressing Area Accommodations | 6/17/15 | 12/20/23 — Non-substantive revisions for clarity. |
3.5.6 Prohibition on Sexual Orientation and Gender Identity Change Efforts | 12/20/23 | Not applicable. |
3.6 ORR Long-Term Foster Care | 10/5/15 | Not applicable. |
3.6.1 ORR LTFC Service Provision | 10/5/15 | Not applicable. |
3.6.2 Change in Placements While in ORR LTFC | 10/5/15 | Not applicable. |
3.6.2 Change in Placements While in ORR LTFC | 10/5/15 | Not applicable. |
3.6.3 Additional Q&As | 10/5/15 | Not applicable. |
3.7 Legal Services | 5/31/22 | 8/1/24 — Revisions incorporate language from the UC Foundational Rule; Added preference for allowing children to have in-person meetings with legal counsel, requirement that child can conduct private communications with legal counsel, and requiring that interpretation is available for legal services. |
3.7.1 Know Your Rights Presentation & Screenings for Legal Relief | 5/31/22 | 8/7/23, Effective 8/21/23 — Clarified that legal service providers may request additional documents for legal screenings but must go through the case file process. 9/7/23 — Removed sentence stating the KYR presentation provides unaccompanied children with legal services information and provides each child a copy of the Legal Resource Guide for Unaccompanied Children. Care provider staff, not Legal Service Providers (LSPs), provide children the documents in the Legal Resource Guide for Unaccompanied Children. 8/1/24 — Revisions incorporate language from the UC Foundational Rule: Adds a definition of confidential legal consultation and when consultations can be completed and adds details on the timing and contents of Know Your Rights presentations. |
3.7.2 Direct Legal Representation | 5/31/22 | 8/7/23, Effective 8/21/23 — Added specification about who should use a Notice of Attorney Representation form. 8/1/24 — Revisions incorporate language from the UC Foundational Rule. Adds categories of children that ORR funds legal service providers for. |
3.7.3 Attorney Request for Information on UC Case | 5/31/22 | 8/1/24 — Revisions incorporate language from the UC Foundational Rule. Clarifies that ORR shares a child’s complete case file with child’s legal representation. |
3.7.4 Feedback in Relation to Legal Services | 5/31/22 | 8/1/24 — Revisions incorporate language from the UC Foundational Rule. Renames section from Grievances to Feedback and adds that legal service providers can send concerns to ORR. |
3.7.5 Retaliation for Action Against ORR by Legal Service Providers | 5/31/22 | 8/1/24 — Revisions incorporate language from the UC Foundational Rule. Clarifies that ORR assumes legal service providers are acting in good faith and cannot retaliate against them. |
3.8 Children with Disabilities in ORR Care and Custody | 7/17/24 | 7/17/24 — Developed in accordance with the Lucas R. Disability Settlement: affirms ORR’s commitment to serving children with disabilities in the least restrictive setting appropriate for their needs; affirms ORR’s commitment to nondiscrimination as outlined in ORR’s Nondiscrimination Notice. |
3.8.1 Defining Disability for Children in ORR Care and Custody | 7/17/24 | 7/17/24 — Developed in accordance with the Lucas R. Disability Settlement: highlights the laws governing ORR’s definition of a disability for children in ORR care and custody. |
3.8.2 Identifying Children with Disabilities in ORR Custody | 7/17/24 | 7/17/24 — Developed in accordance with the Lucas R. Disability Settlement: instructs care providers to establish and periodically review Individual Section 504 Service Plans for children with disabilities in ORR care and custody; sets forth requirements for care provider’s denial of placements; outlines requirement to refer children for evaluation for a disability following a triggering event establishes timeline for completion of evaluation. |
3.8.3 Individualized Section 504 Service Plan | 7/17/24 | 7/17/24 — Developed in accordance with the Lucas R. Disability Settlement: outlines requirements for development and periodic review of Individualized Section 504 Service Plan. |
3.8.4 Release of Children with Identified or Suspected Disabilities | 7/17/24 | 7/17/24 — Developed in accordance with the Lucas R. Disability Settlement: affirms the guidance in UC Policy 2.7, which specifies that the release of children with disabilities from ORR custody should not be unduly delayed. |
Section 4: Preventing, Detecting & Responding to Sexual Abuse & Harassment | 2/22/15 | Not applicable. |
4.1 Definitions | 2/5/18 | Not applicable. |
4.1.1 Sexual Abuse | 2/5/18 | 8/2/23 — Updated definition of Sexual Abuse to align with the Interim Final Rule, Standards to Prevent, Detect, and Respond to Sexual Abuse and Sexual Harassment Involving Unaccompanied Children, 45 CFR 411. |
4.1.2 Voyeurism | 2/5/18 | Not applicable. |
4.1.3 Sexual Harassment | 2/5/18 | Not applicable. |
4.1.4 Inappropriate Sexual Behavior | 2/5/18 | 8/2/23 — Updated definition of Inappropriate Sexual Behavior. |
4.1.5 Questions and Answers about the Definitions | 2/5/18 | 12/23/22 — Miscellaneous revisions for clarity and updating references of “UAC” to “UC.” |
4.2 Zero Tolerance Policy | 2/22/15 | Not applicable. |
4.2.1 Application | 2/22/15 | Not applicable. |
4.2.2 Care Provider Requirements | 2/22/15 | 12/23/22 — Clarify expectations on how staff and children may engage in limited physical contact for comfort or affection when a child is in distress, in accordance with child welfare best practices. 12/20/23 — Non-substantive revisions for clarity. |
4.3 Personnel | 2/22/15 | 1/14/19 — Excluded secure facilities because they are subject to U.S. Dept. of Justice national standards for prevention, detection, and responding to PREA. 3/11/19 — Excluded Long Term Foster Care. |
4.3.1 Prevention of SA Coordinator & Compliance Manager | 2/22/15 | 1/14/19 — Minor updates to reflect the shift from “implementation” of IFR (now accomplished) to “compliance” since section was first posted in 2015. |
4.3.2 Applicant Screening | 2/22/15 | 1/14/19 — Added new section to ensure applicant screening includes component for sexual abuse prevention. |
4.3.3 Employee Background Investigations | 2/22/15 | 1/14/19 — Moved some requirements into next section (4.3.4) to create new section. Added new requirement that care providers notify ORR in writing if they are unable to complete any required component of a background investigation. 12/21/23 — Technical revisions. 8/1/24 — Replaced UC Program with UC Bureau. |
4.3.3.1 ORR Required Background Investigations | 12/18/23 | 12/21/23 — Technical revisions. 8/1/24 — Technical revisions. 1/10/2025- Added annual requirement for ORR Central Registry check. |
4.3.3.2 Considerations Regarding Child Abuse and Neglect Background Checks | 12/18/23 | 12/21/23 — Technical revisions. |
4.3.3.3 Suitability Determination Investigation | 12/18/23 | 12/21/23 — Technical revisions. 8/1/24 — Updated “UC Program” to “UC Bureau.” |
4.3.4 Hiring Decisions | 2/22/15 | 1/14/19 — Added new requirement that care providers submit the name of each new staff member, including youth care workers, to ORR for final approval to ensure a staff member was not previously terminated by another care provider for sexual abuse, sexual harassment, or inappropriate sexual behavior; added new requirement that care providers notify ORR of all terminations for violations of ORR’s or the care provider’s policies regarding sexual abuse and sexual harassment; added new guidance on hiring decisions and a prohibition on hiring or utilizing the services of any applicant, contractor, or volunteer who, as an adult, perpetrated any crime involving a child, regardless of how long ago the incident occurred, or any violent crime within the past 10 years. 3/11/19 — Added domestic violence to prohibition on hiring. 1/10/2025- Added requirement of staff hiring decision to include ORR Central Registry check. |
4.3.5 Staff Code of Conduct | 2/22/15 | 1/14/19 — New subsection section added. 3/11/19 — Excluded Foster Care from requirement. 7/10/24 — Updated text to align with new Division of Child Protection Investigations requirements in Section 5.11. 8/1/24 — Technical Revisions to align with UC Foundational Rule. 1/10/2025- Added disciplinary requirements related to staff code of conduct and Division of Child Protection Investigations. |
4.3.6 Staff Training | 2/22/15 | 1/14/19 — Added new requirement that all employees receive ORR-provided refresher training about avoiding inappropriate relationships and reporting sexual abuse and sexual harassment every six months. 3/11/19 — Clarified that training requirement was before access to unaccompanied children. |
4.3.7 Employee Performance Evaluations and Promotion Decisions | 2/22/15 | 1/14/19 — Added to list of misconduct “crime involving a child or any violent crime” and added reference to 4.3.4. |
4.3.8 Disciplinary Sanctions and Corrective Actions | 2/22/15 | 1/14/19 — Added references to Sections 4.10 and 4.6.3. |
4.3.9 Questions and Answers | 3/11/19 | Not applicable. |
4.4 Staff & Supervision | 3/16/15 | Not applicable. |
4.4.1 Staffing Levels | 3/16/15 | 5/30/16 — Minor changes concerning direct supervision of children by care provider staff. 4/14/22 — The definition of youth care workers was clarified to cross reference the ORR Cooperative Agreement; clarification was added for licensed care providers to follow staffing ratios of case managers and clinicians as outlined in the ORR Cooperative Agreement; additional cross references to Section 7.7 and ORR Field Guidance #13 were added for staffing ratios for ICF and EIS; appropriations citations were added; and the FY2016 waiver language in footnote was removed. |
4.4.2 Staffing Plans and Video Monitoring Restrictions | 3/16/15 | Not applicable. |
4.4.3 Searches of Children | 3/16/15 | 8/1/24 — Removed the term “youth” and replaced with “child.” |
4.4.4 Upgrades to Facilities and Technologies | 3/16/15 | Not applicable. |
4.5 Responsive Planning | 3/23/15 | Not applicable. |
4.5.1 Access to Community Service Providers and Resources | 3/23/15 | Not applicable. |
4.5.2 Forensic Medical Examinations | 3/23/15 | Not applicable. |
4.6 Coordinated Response | 4/6/15 | Not applicable. |
4.6.1 Coordinated Response Policies & Procedures | 4/6/15 | 1/10/2025- Added reference to Division of Child Protection Investigations |
4.6.2 Responder Duties | 4/6/15 | Not applicable. |
4.6.3 Protecting Children | 4/6/15 | 8/1/24 — Removed the terms “minor” and “youth” and replaced with “child” both in text and section title. |
4.6.4 Interventions for Children Who Engage in Sexual Abuse | 4/6/15 | 8/1/24 — Removed the terms “minor” and “youth” and replaced with “child” both in text and section title. |
4.7 Educating Children | 6/22/15 | 8/1/24 — Removed the term “youth” and updated "unaccompanied alien child" to "unaccompanied child" both in text and section title. |
4.7.1 Educating Children on SA and SH | 6/22/15 | 8/1/24 — Removed the term “youth,” updated "unaccompanied alien child" to "unaccompanied child," and required care providers to consult a clinician if concerned about a child's orientation comprehension. |
4.7.2 Bulletin Board Postings | 6/22/15 | 11/6/15 — Added in link to new ORR posters and pamphlets. 8/1/24 — Technical revisions for clarity, added ORR National Call Center Hotline hyperlink to Guide to Terms. |
4.7.3 Pamphlets on SA and SH | 6/22/15 | 11/6/15 — Added in link to new ORR posters and pamphlets. |
4.8 Assessment for Risk | 6/22/15 | Not applicable. |
4.8.1 Assessment for Risk | 6/22/15 | Not applicable. |
4.8.2 Use of Assessment Information | 6/22/15 | Not applicable. |
4.9 Medical and Mental Health Care | 6/22/15 | Not applicable. |
4.9.1 Emergency Medical & Mental Health Care Services Following an Incident of SA | 6/22/15 | Not applicable. |
4.9.2 Medical Services for Victims at risk of Pregnancy | 6/22/15 | Not applicable. |
4.9.3 Ongoing Medical & Mental Health Care | 6/22/15 | Not applicable. |
4.9.4 Religious Objections | 6/22/15 | Not applicable. |
4.10 Sexual Abuse Reporting & Follow-Up | 9/28/15 | 3/21/16 — Clarified that the section applies to individual foster homes. 6/7/21 — Retitled (previously Reporting and Follow-up). Added language on reporting staff code of conduct violations. 8/2/23 — Technical revisions. |
4.10.1 Methods for Children to Report | 9/28/15 | 3/21/16 — Added that secure care providers may have modified requirements for preprogrammed telephones to ensure the security of the facility. 6/7/21 — Added language on reporting staff code of conduct violations. 8/2/23 — Technical revisions. 8/1/24 — Removed the terms “minor” and “youth” and replaced with “child” both in text and section title. 1/10/2025 — Revised to add contact numbers for ORR Sexual Abuse Hotline and ORR National Call Center Hotline. |
4.10.2 Care Provider Reporting Requirements | 9/28/15 | 3/21/16 — Summary of Changes: 6/7/21 — Added language on reporting staff code of conduct violations. Changed reporting timeframes to 4 hours for sexual abuse and 24 hours for sexual harassment, inappropriate sexual behavior, and staff code of conduct violations. All SA/SIR categories must be reported to the ORR Prevention of Sexual Abuse Coordinator. 7/12/21 — PSAC does not review incidents of verbal or physical abuse of a child, although it is a staff code of conduct violation. These reports should be captured on the Abuse/Neglect in ORR Care on a standard or emergency SIR depending on whether the incident is an immediate threat to the child. All other types of staff code of conduct violations should be reported to PSAC. 12/23/22 — Reiterate prohibition on staff threatening children with incident reporting. 8/2/23 — Added reference to Historical Disclosures and SIR Triage Team; Technical revisions. 8/7/23, Effective 8/21/23 — Added that case file records requests from FBI and OIG should go through the case file request process in UC Policy Guide Section 5.10.1. 8/1/24 — Removed the terms “minor” and replaced with “child/children.” |
4.10.3 Sexual Abuse Follow-Up | 9/28/15 | 6/7/21 — Retitled (previously Sexual Abuse and Harassment Follow-Up). Added requirement to remain informed of and track investigations resulting from reports of inappropriate sexual behavior and staff code of conduct violations. 8/2/23 — Added reference to SIR Triage Team. 8/7/23, Effective 8/21/23 — Added that investigating authorities must submit a case file records request to obtain case file records for reports on sexual abuse, sexual harassment, inappropriate sexual behavior, or staff code of conduct violations. |
4.10.4 Notification and Access to Attorneys/Legal Representatives, Families, Child Advocates, and Sponsors | 9/28/15 | 3/21/16 — Summary of Changes: 6/7/21 — Added notification requirements for staff code of conduct violations. 8/2/23 — Updated processes for referrals to legal service providers, attorneys of record, and child advocates; Technical revisions. |
4.10.5 Confidentiality | 9/28/15 | 6/7/21 — Added requirement to ensure confidentiality of information related to staff code of conduct violations. 8/2/23 — Technical revisions. 8/1/24 — Revised to reference other sections of the UC Policy Guide for additional information on sharing and disclosures and replaced term “youth” with “child.” |
4.10.6 ORR Sexual Abuse Hotline | 9/28/15 | 6/7/21 — Added staff code of conduct violations as a reason someone may contact the hotline. 8/1/24 — Technical Revisions, including updating section title. |
4.11 Incident Reviews and Data Collection | 7/8/19 | Not applicable. |
4.11.1 Incident Reviews | 7/8/19 | 1/10/2025 — Added reference to Division of Child Protection Investigations and definitions of their investigation dispositions. |
4.12 Compliance Audits | 12/10/18 | 8/1/24 — Revised from “influx care facilities” to “emergency and influx care facilities.” |
4.12.1 Compliance Audit Process | 12/10/18 | 8/2/23 — Technical revisions. 8/1/24 — Technical revisions to expand acronym for ’IFR’ and include acronym “PSAC.” |
4.12.2 Care Provider Facility Requirements | 12/10/18 | Not applicable. |
4.12.3 Auditor Certification | 12/10/18 | Not applicable. |
Section 5: Program Management | 3/16/15 | Not applicable. |
5.1 Responding to Inquiries from the Media | 3/16/15 | 4/20/15 — Added phone number for the ACF Office of Public Affairs. 8/1/24 — Removed term “alien” and updated reference that ORR will collaborate with ACF/HHS, as applicable, to respond to media requests beyond the scope of care providers. |
5.1.1 Policies for ORR Grantees | 3/16/15 | 8/1/24 — Technical revisions to include removal of the term “alien” and updating UC Program to UC Bureau. |
5.1.2 How ORR Responds to Press Inquiries | 3/16/15 | 8/1/24 — Revised that ORR will collaborate with ACF/HHS, as applicable, to provide the media with press inquiry responses. |
5.1.3 Requests to Interview a Specific Child | 3/16/15 | 8/1/24 — Removed term “alien”, updated term “youth” to “child”, expanded DHS acronym, and updated reference that ORR will collaborate with ACF/HHS, as applicable, in determining denial or approval of press interview requests of children. |
5.1.4 Requests to Visit a Facility | 3/16/15 | 8/1/24 — Revised that ORR will collaborate with ACF/HHS, as applicable, in approving/denying press facility visitation requests. |
5.1.5 Requests for General Information & Data | 3/16/15 | 8/1/24 — Updated references of “youth” to child. Updated that ACF/HHS, as applicable, can provide still images to media. |
5.2 ORR Policies on Requests to Tour ORR Care Provider Facilities | 3/30/15 | 9/18/23 — Updated to define tour and visit. |
5.2.1 Evaluation Criteria | 3/30/15 | 9/18/23 — Updated to differentiate between a facility tour and visit with a child. |
5.2.2 Special Arrangements | 3/30/15 | 9/18/23 — Updated to differentiate between a facility tour and visit with a child. |
5.2.3 Protocol for Tours of Care Provider Facilities | 3/30/15 | 9/18/23 — Updated language to make clear and standardized tour protocol, protecting children’s privacy and welfare. |
5.2.4 Congressional Visits | 10/3/19 | 9/18/23 — Changed the title of this section to distinguish between a facility tour and a visit with children. |
5.2.5 Protection and Advocacy System Tours and Visits | New | 9/18/23 — Provides policy guidance and protocol on the special considerations for P&A access to ORR care provider facilities serving children with disabilities. |
5.3 Testimony by Employees and Production of documents Where the US is Not a Party | 3/30/15 | Not applicable. |
5.3.1 Care Provider Testimony & Views | 3/30/15 | Not applicable. |
5.3.2 Confidentiality of Information | 3/30/15 | Not applicable. |
5.3.3 Prohibition on Release of Records Without Prior Approval | 3/30/15 | 8/7/23, Effective 8/21/23 — Renamed the section from “Release of Records without Prior Approval.” 7/29/23 — Revised to reference existing whistleblower protections and highlight that all child case files are property of ORR. |
5.4 ORR Policies on Communication and Interaction with Consulates | 4/27/15 | 9/18/23 — Updated language based on ORR standards and removed outdated reference to section 5.4.7. |
5.4.1 Notification to Consulates | 4/27/15 | Not applicable. |
5.4.2 Unaccompanied Children’s Right to Contact and Visit with their Consulate | 4/27/15 | 9/18/23 — Updated language from “meet” “tour” to “visit” to align with other changes in this section. |
5.4.3 Consulate Officials: Access to Their Citizens and ORR Care Provider Facilities | 4/27/15 | 9/18/23 — Updated language from “meet” “tour” to “visit” to align with other changes in this section. |
5.4.4 Visitation | 4/27/15 | Not applicable. |
5.4.5 Information Requests | 4/27/15 | Not applicable. |
5.4.6 Documentation | 4/27/15 | Not applicable. |
5.4.7 ORR and Consulate Joint Activities | 4/27/15 | Not applicable. |
5.5 ORR Monitoring and Compliance | 6/15/15 | 8/1/24 — Revised to remove term “alien” and update “HQ Staff” to “ORR Division of Grants Management staff.” |
5.5.1 ORR Monitoring Activities | 6/15/15 | 8/1/24 — Technical revisions: Updating “headquarters” to “Division of Grants Management staff”, “UC Portal Database” to “ORR case management database”, removed terms “UC/UAC/alien/youth” and replaced with “unaccompanied children/child”, and updated CS Medical Coordinator to DHUC Quality Assurance Specialist. |
5.5.2 Follow-Up and Corrective Actions | 6/15/15 | Not applicable. |
5.5.3 Foster Care Monitoring | 6/15/15 | Not applicable. |
5.5.4 Abuse Review Team | 8/30/18 | 8/2/23 — Technical revisions. |
5.5.5 Care Provider Internal Program Monitoring, Evaluation, and Quality Assurance | 6/15/15 | 8/1/24 — Replaced “alien child” with “unaccompanied child” and updated language to clarify that care providers without state/local licensing remain subject to referenced policies. |
5.6 Reporting & Record Keeping | 7/27/15 | Not applicable. |
5.6.1 Program Reporting Requirements | 7/27/15 | Not applicable. |
5.6.2 Maintaining Case Files | 7/27/15 | 10/10/18 — Updated list of required forms for inclusion in a child’s case file. 5/31/22 — Revised information that should be contained under legal information for a child’s case file. 8/2/23 — Added reference to Historical Disclosures and Behavioral Notes. 8/1/24 - Clarified that that case files include electronic and hardcopy files. Updated that Notice to Appear issued by CBP should be included in case files. Removed term “youth” and replaced “alien child” with “unaccompanied child.” |
5.6.3 Record Management, Retention and Safekeeping | 7/27/15 | 2/27/23 — Added that electronic records cannot be accessed outside the US, and care provider policies should be consistent with ORR policy on this matter. 8/1/24 — Technical updates to remove the term “youth” and update references to UC Policy Guide Sections 2.2.3 and 3.4.2. |
5.7 ORR Policies to Protect Sponsors from Fraud | 7/27/15 | Not applicable. |
5.7.1 ORR Efforts to Help Prevent Fraud | 7/27/15 | Not applicable. |
5.7.2 Responding to Fraud Attempts | 7/27/15 | 8/7/23, Effective 8/21/23 — Added that OIG must follow the case file request process to obtain case file records on fraud attempt cases it is investigating. |
5.8 Reporting Child-Level Events and Program-Level Events | 8/31/15 | 3/21/16 — Clarified that an SIR must be filed for each child involved in an incident and multiple SIR Addendums may be required to provide all updated and additional information. 6/7/21 — Retitled section (previously Significant Incident Reports and Notification Requirements) and updated language to more clearly describe the purpose and various types of significant incident reports. 12/23/22 — Reiterate prohibition on staff threatening children with incident reporting. 8/2/23 — Adding reference to Child-Level Event, Historical Disclosures, Behavioral Notes, and SIR Triage Team. 8/1/24 - Updates to remove term “UC,” prohibit the use of SIRs as the sole basis of denials for placements, step-downs, or justification for step-ups in placement, and update “ORR case management system” to “ORR case management database.” |
5.8.1 Emergency Incidents | 8/31/15 | 3/21/16 — Added the unauthorized absence of a child from a care provider to the category of emergency incidents. 6/7/18 — Added notification to DHS in death of a child cases. 7/22/19 — Added notification to Congressional officials in death of child cases. 6/7/21 — Revised the list of Emergency SIR categories. Emergency SIRs are not elevated to the FFS Supervisor instead of the ORR Intakes Hotline. 8/2/23 — Adding reference to Child-Level Event, Historical Disclosures, Behavioral Notes, and SIR Triage Team. 8/1/24 — Updated reference to UC Policy Guide Section 5.8.8 and expanded LSP and SIR acronyms. |
5.8.2 Significant Incidents | 8/31/15 | 3/21/16 — Added potential fraud schemes and any type of non-emergency incident that endangers the safety and well-being of a minor to the list of significant incidents that must be reported to ORR. 6/7/18 — Added definition of SIRs that are incidents of violence. 6/7/21 — Revised the list of SIR categories and changed the reporting timeframe to 24 hours. 7/12/21 — PSAC does not have the capacity to receive reports of all sexual abuse and sexual harassment occurring outside of ORR care other than in DHS custody. This change will make Section 5.8.2 consistent with the quick reference chart in Section 4.10.2. 8/2/23 — Clarified definitions and added reference to SIR Triage Team. 2/9/24 — Updates regarding the process of reporting fraud-related Significant Incidents to ORR and elevation of those incidents to HHS OIG. |
5.8.3 Program-Level Events | 6/7/21 | 7/12/21 — SA/SIRs can only be completed when there is an associated child to link to the SA/SIR in the Portal. The only way to report an incident without associating with a child is to submit a program level event. PSAC has been receiving a lot of reports of allegations of staff sexual abuse of children without an associated victim, particularly from the EIS. PSAC has told programs to report this information as a PLE. This will bring the policy with current reporting practices. 8/2/23 — Added reference to SIR Triage Team; Technical revisions. |
5.8.4 Report Addendums | 8/31/15 | 3/21/16 — Added requirement to submit SIR Addendums within 24 hours. 6/7/21 — Renumbered section (previously 5.8.7) and added requirement to update PLE Reports with new information within 24 hours. |
5.8.5 Elevation of Emergencies, Significant Incidents, and Program-Level Events | 8/31/15 | 3/21/16 — Added an unauthorized absence of a minor from a care provider and any situation which is reasonably likely to require ORR leadership oversight or escalation to ACF and/or HHS leadership to the list of incidents that should be elevated within ORR. 6/7/21 — Retitled and renumbered section (previously 5.8.9 Elevation of Emergencies and Serious Incidents). ORR staff will now elevate the types of incidents listed in this section to their immediate supervisor, rather than directly to the Senior FFS Supervisor. Revised the list of ORR leadership staff to whom the types of incidents listed in this section are elevated and included a quick reference chart. Added language on how ORR staff must elevate cases of a potential infectious disease outbreaks. 8/2/23 — Added reference to SIR Triage Team; Technical revisions. 8/1/24 — Updated to reflect current division names and leadership titles. |
5.8.6 Allegations of Sexual Abuse in ORR Care | 8/31/15 | 6/7/21 — Retitled and renumbered section (previously 5.8.3 Allegation of Sexual Abuse and Harassment in ORR Care). |
5.8.7 Allegations of Child Abuse in DHS Custody | 8/31/15 | 9/29/15 — Replaced “OIG” with “DHS/CRCL.” 3/21/16 — Revised the reporting policy to DHS to require reporting allegations of sexual abuse to CRCL, CBP, and ICE by emailing a copy of the SIR. 6/7/21 — Retitled and renumbered section (previously 5.8.4 Allegations of Abuse that Occurred in DHS Custody). Revised to be inclusive of all types of child abuse as defined under 34 U.S.C. § 20341. Changed process through which allegations are reported to DHS. 8/2/23 — Added reference to Historical Disclosures; Technical revisions. |
5.8.8 Reporting SIRs and Historical Disclosures to DHS | 8/2/18 | 6/7/21 — Renumbered section (previously 5.8.5). Added requirement that care providers must not include clinical or mental health information in SIRs that are reported to DHS unless required by mandatory reporting laws. Removed Incidents of Violence by a Child as a type of incident that care providers must report to DHS. Removed Alleged or Suspected Fraud and Gang-related Activity as types of incidents that FFS must report to DHS. 10/21/21 — Added requirement for care providers to report facility evacuations that result in the relocation of children to another facility to DHS. 8/2/23 — Added reference to Historical Disclosures and SIR Triage Team; Technical revisions. 8/1/24 — Expanded acronyms for DHS, SIR, CPS, ICE and HSI. Updated “UC” to “unaccompanied child” and updated title for UC Policy Guide Section 3.3.16. |
5.8.9 Allegations of Past Abuse that Occurred Outside the U.S. | 8/31/15 | 6/7/18 — Changed section to Reporting SIRs to DHS and added table of notifications to DHS for specific SIRs. 6/7/21 — Renumbered section (previously 5.8.6). 8/2/23 — Added reference to Historical Disclosures and SIR Triage Team. |
5.8.10 Allegations of Past Abuse that Occurred Inside the U.S. | 8/31/15 | 6/7/21 — Renumbered section (previously 5.8.7). Added language regarding duplicate reporting in situations where State licensing or CPS report allegations directly to local law enforcement. 8/2/23 — Added reference to Historical Disclosures and SIR Triage Team. |
5.8.11 Notification to Attorneys, Legal Representatives, Child Advocates, Families, and Sponsors | 8/31/15 | 3/21/16 — Added a section to notify attorneys/legal representatives, child advocates, families, and sponsors of any type of abuse or neglect and any unauthorized absences. Added that parents and legal guardians be notified of hospitalizations and serious medical services. 6/7/21 — Renumbered section (previously 5.8.8) and added quick reference charts. 8/2/23 — Updated processes for referrals to legal service providers, attorneys of record, and child advocates; Technical revisions. |
5.8.12 Behavioral Notes and Historical Disclosures | N/A | 8/2/23 — Created new section on Behavioral Notes and Historical Disclosures. |
5.9 Protecting the Privacy and Confidentiality of UC Information | 10/30/17 | 5/31/22 — Previous Section 5.9 Sharing Information with Local Communities is superseded with new Section 5.10.4 Sharing Information with State and Local Governments. New Section 5.9 Protecting the Privacy and Confidentiality of UC Information outlines privacy protections for UC Information. 8/7/23, Effective 8/21/23 — Added a definition of UC program records. |
5.9.1 Requirement to Inform Children of Limits to Confidentiality | 5/31/22 | 8/2/23 — Technical revisions. 8/7/23, Effective 8/21/23 — Added that the Disclosure Notification must be reviewed again whenever a child is transferred. Added that investigative agencies must request any medical records through the case file request process for missing children cases and the UC Program Director must approve their release before they are sent. 8/1/24 — Updated term “UC” to “unaccompanied child”. Updated titles for UC Policy Guide Sections 6.2.5 and 7.5. |
5.9.2 Protecting Confidentiality of Mental Health and Medical Records | 5/31/22 | Not applicable. |
5.10 Information Sharing | 5/31/22 | 8/2/23 — Technical revisions. 8/7/23, Effective 8/21/23 — Summarized additional information added within 5.10. 8/1/24 — Updates to reference existing whistleblower protections and clarify circumstances when information sharing is appropriate and the process for doing so. Added that this policy does not apply to Child Advocates. |
5.10.1 UC Case File Request Process | 5/31/22 | 8/7/23, Effective 8/21/23 — Specified that representatives of other government agencies must include the scope of their investigation and a case number when requesting case files. Added sub-numbering within 5.10.1. Added that ORR may share a photograph of the child can be shared without an authorizing signature from the child. Added categories of records for which ORR may follow an expedited release of case files. |
5.10.1.1 Authorization for Release of Records Form | Revised on 8/7/23, Effective 8/21/23. | |
5.10.1.2 Obtaining Authorization from the Subject of the Request | Revised on 8/7/23, Effective 8/21/23. | |
5.10.1.3 Case File Information that is Restricted from Release | Revised on 8/7/23, Effective 8/21/23. | |
5.10.1.4 Child’s Request for their Own Case File | Revised on 8/7/23, Effective 8/21/23. | |
5.10.1.5 Timeframe for Processing Requests for UC Case File Documents | Revised on 8/7/23, Effective 8/21/23. 8/1/24 — Technical revisions for clarification. | |
5.10.2 Limits to Sharing Information with DHS and EOIR | 5/31/22 | 8/7/23, Effective 8/21/23 — Added that information on a child could be shared to facilitate sponsors’ participation in Legal Orientation Programs for Custodians at EOIR. Added that ORR may provide a photograph of a child. |
5.10.3 Information Sharing with LSPs, Attorneys of Record, and Child Advocates | 5/31/22 | 8/7/23, Effective 8/21/23 — Clarified that legal service providers can receive additional case files through the case file request process. Added details on case management updates care providers must provide legal service providers and other stakeholders. Added encouragement that LSPs and attorneys of record seek permission from the child to share updates with the child’s case manager. |
5.10.4 Information Sharing with State and Local Governments | 5/31/22 | 8/7/23, Effective 8/21/23 — Renamed the section from “Information Sharing with State and Local Governments.” Added the ORR may enter into agreements with other child welfare agencies. |
5.10.5 Information Sharing on Separated Children | 5/31/22 | 8/7/23, Effective 8/21/23 — Renamed sub-section “Communication with LSPs” to “Communication with LSPs, Attorneys of Record, and Child Advocates.” |
5.10.6 Information Sharing with the National Center for Missing and Exploited Children (NCMEC) | 10/30/17 | 8/7/23, Effective 8/21/23 — Renamed from “Information Sharing with the National Center for Missing and Exploited Children (NCMEC).” Added policy allowing ORR to share some information with investigating agencies without going through the full case file request process if they are investigating a missing children’s case. Added that the child’s address can be shared with NCMEC or an investigating agency without going through the full case file process. Added the new process for requesting telephone and visitor logs. Specified the process for requesting other case files for missing children, including medical or mental health files. |
5.10.7 Information Sharing with Investigative Agencies | 8/7/23, Effective 8/21/23 | Not applicable. |
5.11 Child Protection Investigations | 07/10/24 | 1/10/2025 — Updated definitions and terminology to align with IFR text for child protection investigations. |
5.11.1 Investigations of Allegations of Child Abuse or Neglect | 07/10/24 | 1/10/2025 — Updated definitions and terminology to align with IFR text for child protection investigations. |
5.11.2 Obligations of Care Provider Facilities (including Emergency and/or Influx Facilities) | 07/10/24 | 1/10/2025 — Updated definitions and terminology to align with IFR text for child protection investigations. |
5.11.3 Interventions and Discipline | 1/10/2025 | 1/10/2025 — Updated definitions and terminology to align with IFR text for child protection investigations. |
5.11.4 HHS Departmental Appeals Board Appeal and ACF Assistant Secretary Appellate Review Process | 1/10/2025 | 1/10/2025 — Updated definitions and terminology to align with IFR text for child protection investigations. |
Section 6: Post-Release Services | 6/15/16 | 10/6/23, Effective 1/1/24 — Renamed the section from “Resources and Services Available After Release from ORR Care.” |
6.1 Overview of Post-Release Services | 6/15/16 | 9/11/17 — Expands information about post release services including defining levels of service, areas of service, and timeframes for services. 10/6/23, Effective 1/1/24 — Updated to reflect PRS expansion. Renamed the section from “Summary of Resources and Services Available After Release from ORR Care.” Replaced Safety and Well Being Follow-Up Call with Section 6.3 Level One (1) PRS — Virtual Check-ins; also addressed in Section 2.8.4 Safety and Well Being Follow Up Call. Moved ORR National Call Center guidance to 6.8.6 Notifications of Concern and footnote regarding other functions of ORR National Call Center to Section 1.5.1. Moved UC Sexual Abuse Hotline guidance to 6.8.6 Notifications of Concern; also addressed in Section 4.10.5. Moved Notification of Concern guidance to 6.8.6 Notifications of Concern. 8/1/24 — Added hyperlinks to Guide to Terms definitions for sponsor, post-release services, home study, PRS provider, abandonment, and neglect. 01/13/25 — Clarified that to the extent that ORR determines ORR appropriations are available, and in its discretion, ORR may offer PRS for all children released to a sponsor and that in cases where PRS is legally mandated, ORR is legally mandated to offer PRS, rather than children being legally mandated to receive PRS, as their participation in PRS is voluntary. Removed reference to non-profit providers. Revised the name for Level Three (3) PRS and added detail to its description. |
6.2 PRS Service Provision Policies | 9/11/17 | 10/6/23, Effective 1/1/24 — Updated to reflect PRS expansion. Renamed the section from “Post Release Services.” Moved and updated the list of services into Sections 6.2.5-6.2.13 and moved other guidance into Sections 6.1 Overview of Post-Release Services, 6.2.3 Assessments and 6.8.6 Notifications of Concern. 01/13/25 — Revised the name for Level Three (3) PRS. Clarified guidance on internal referrals and case transfers. |
6.2.1 Referrals and Eligibility | 9/11/17 | 2/1/23 — Added a requirement that PRS providers must conduct the initial engagement in-person. If there are no safety concerns, providers may conduct subsequent engagements either in-person or virtually, but must complete an in-person home visit at least two times before case closure. For engagements that are required to be in-person, PRS providers may request approval on a case-by-case basis from ORR to conduct the engagement virtually in the event of exceptional circumstances where conducting the engagement virtually would be in the best interest of the child. 10/6/23, Effective 1/1/24 — Updated to reflect PRS expansion. Renamed the section from “Levels of Post Release Services.” Updated guidance and moved into Sections 6.2 PRS Service Provision Policies, 6.2.3 Assessments, 6.4 Level Two (2) PRS — Case Management Services, and 6.5 Level Three (3) PRS — Intensive In-Home Engagements. 8/1/24 — Spelled out acronym and added hyperlink to Guide to Terms definition for Notification of Concern. 01/13/25 — Reordered guidance and clarified guidance on releases requiring support from PRS, including PRS referrals for parenting unaccompanied children and children requiring special consideration. |
6.2.2 Prioritization of Services | 9/11/17 | 10/6/23, Effective 1/1/24 — Updated to reflect PRS expansion. Renamed the section from “Post Release Service Areas.” Updated service areas and moved to Sections 6.2.5-6.2.13. Incorporated reporting guidance into Sections 6.3-6.6 and 6.8 Records and Reporting. 01/13/25 — Clarified that times of high volume of referrals for PRS where ORR has created a waitlist may include as a result of influx. Added that ORR may direct providers to accept PRS referrals outside of the ordered list or to offer children Level One (1) PRS if there is a waitlist. Clarified that if there is a waitlist for referrals of TVPRA legally-mandated PRS for children to receive Level Two (2) PRS, children will be offered Level One (1) PRS — Virtual Check-ins while they are pending referral acceptance for Level Two (2) and if there is a waitlist for referrals of TVPRA legally-mandated PRS for children to receive Level Three (3) PRS, children will be offered the highest available level of PRS, either Level One (1) or Level Two (2), while they are pending referral acceptance for Level Three (3). |
6.2.3 Assessments | 9/5/18 | 10/6/23, Effective 1/1/24 — Updated to reflect PRS expansion. Renamed the section from “Timeframe for Post Release Services.” Incorporated timeframe guidance into Sections 6.3-6.6. 01/13/25 — Revised for clarity. |
6.2.4 Assessing Risk and Protective Factors in Children | 7/12/16 | 10/6/23, Effective 1/1/24 — Updated to reflect PRS expansion. Renamed the section from “Post Release Service Providers: Case Reporting.” Incorporated reporting guidance into Section 6.8 Records and Reporting. 8/1/24 — Added hyperlinks to Guide to Terms definitions for sex trafficking, labor trafficking, physical abuse, and emotional abuse. 01/13/25 — Revised for clarity. |
6.2.5 Finding and Accessing Legal Services | 7/12/16 | 10/6/23, Effective 1/1/24 — Updated to reflect PRS expansion. Renamed the section from “Post-Release Service Records Management, Retention and Information Sharing.” Incorporated records guidance into Section 6.8 Records and Reporting. 8/1/24 — Revisions describe ORR’s discretion to fund legal services to provide direct immigration legal representation and other related legal services for unaccompanied children released to a sponsor, consistent with the UC Foundational Rule. Added hyperlink to Guide to Terms definitions for legal guardian and legal service providers. 01/13/25 — Revised for clarity. |
6.2.6 Education and English Language Classes | 10/6/23, Effective 1/1/24 | 01/13/25 — Updated description of how PRS case managers support unaccompanied children’s continuity of education. |
6.2.7 Health Services | 10/6/23, Effective 1/1/24 | 01/13/25 — Renamed the section from “Medical and Behavioral Healthcare.” Revised for clarity. Removed requirement to notify ORR of referral to medical care for children with infectious disease requiring long-term medical services. |
6.2.8 Youth Programming | 10/6/23, Effective 1/1/24 | 01/13/25 — Revised for clarity. |
6.2.9 Services Related to Cultural and Other Traditions | 10/6/23, Effective 1/1/24 | 01/13/25 — Removed references to a specific region. |
6.2.10 Supporting Integration and Independence | 10/6/23, Effective 1/1/24 | 01/13/25 — Added reference to safety laws and rules. |
6.2.11 Services for Children Requiring Special Consideration | 10/6/23, Effective 1/1/24 | 12/20/23, Effective 1/1/24 — Added cross reference to Section 3.5.6. 8/1/24 — Revisions to include chronically absent or retained children, consistent with the UC Foundational Rule. Added hyperlinks to Guide to Terms definitions for LGBTQI+ and SOGI change efforts. 01/13/25 —Removed reference to ORR secure care provider. Clarified guidance on children with disabilities, adjudicated children, and separated children. |
6.2.12 Innovative Strategies and Evidence-Based Interventions | 10/6/23, Effective 1/1/24 | 01/13/25 — Clarified requirements around evidence-based PRS service provision. |
6.2.13 Interpretation | 10/6/23, Effective 1/1/24 | 8/1/24 — Replaced “UC Program” with “UC Bureau.” 01/13/25 — Added reference to qualified interpreter. |
6.3 Level One (1) PRS — Virtual Check-ins | 10/6/23, Effective 1/1/24 | 01/13/25 — Revised for clarity. Reformatted list of case closure conditions. |
6.4 Level Two (2) PRS — Case Management Services | 7/12/16 | 10/6/23, Effective 1/1/24 — Updated to reflect PRS expansion. Renamed the section from “ORR National Call Center.” Moved ORR National Call Center guidance to 6.8.6 Notifications of Concern and footnote regarding other functions of ORR National Call Center to Section 1.5.1. 8/1/24 — Added hyperlink to Guide to Terms definition for best interest. Corrected typo in thirty-day extensions. 01/13/25 — Clarified timeframe for service and guidance on in-person visits. Reordered guidance and updated case closure conditions for clarity. |
6.5 Level Three (3) PRS — Intensive In-Home Engagements | 10/6/23, Effective 1/1/24 | 8/1/24 — Style edit to hyphenate case-by-case. 01/13/25 — Renamed section. Added guidance on FFS approval and in-person visits. Updated case closure conditions for clarity. |
6.6 TVPRA Legally-Mandated Cases | 10/6/23, Effective 1/1/24 | 01/13/25 — Clarified that in cases where PRS is legally mandated, ORR is legally mandated to offer PRS, rather than children being legally mandated to receive PRS. Clarified guidance on releases requiring support from PRS. Updated case closure conditions for clarity. |
6.7 Personnel Requirements for Post-Release Providers | 10/6/23, Effective 1/1/24 | Not applicable. |
6.7.1 Qualifications and Licensure | 10/6/23, Effective 1/1/24 | 01/13/25 — Revised to include doctoral degrees. Revised the language requirement for PRS caseworkers, case managers, and clinicians to require they be highly proficient in the native or preferred language of children in their caseload, rather than in Spanish, or have access to qualified interpreters. |
6.7.2 Background Checks | 10/6/23, Effective 1/1/24 | 01/13/25 — Revised for clarity. |
6.7.2.1 ORR Required Background Investigations | 01/13/25 | Not applicable. |
6.7.2.2 Considerations Regarding Child Abuse and Neglect Background Checks | 01/13/25 | Not applicable. |
6.7.2.3 Suitability Determination Investigation | 01/13/25 | Not applicable. |
6.7.3 Core Competencies and Training Requirements | 10/6/23, Effective 1/1/24 | 01/13/25 — Revised training requirements to require PRS providers to complete 20 hours of initial and annual training. Clarified that licensed PRS providers must also meet annual training requirements required by state professional licensing standard for licensed professionals. Clarified that any training completed to meet state requirements or professional licensing standards may also be applied towards ORR’s training requirements. |
6.7.4 Supervision | 10/6/23, Effective 1/1/24 | Not applicable. |
6.7.5 Mandated Reporting | 10/6/23, Effective 1/1/24 | Not applicable. |
6.7.6 Grievances | 10/6/23, Effective 1/1/24 | 01/13/25 — Revised for clarity. |
6.7.7 Code of Ethics | 10/6/23, Effective 1/1/24 | Not applicable. |
6.7.8 Social Media | 10/6/23, Effective 1/1/24 | 01/13/25 — Updated to distinguish guidance on personal social media accounts from PRS provider social media accounts associated with their organization and/or professional email account. |
6.8 Records and Reporting | 10/6/23, Effective 1/1/24 | 01/13/25 — Added reference to ORR’s regulations. |
6.8.1 Reporting to ORR | 10/6/23, Effective 1/1/24 | Not applicable. |
6.8.2 Case Files | 10/6/23, Effective 1/1/24 | 01/13/25 — Clarified timeframe for uploading PRS documentation. |
6.8.3 Records Management and Retention | 10/6/23, Effective 1/1/24 | 8/1/24 — Revisions for clarity and to add references to existing whistleblower protection laws, information sharing, and disclosures, consistent with UC Foundational Rule. 01/13/25 — Revised for clarity. |
6.8.4 Records Requests | 10/6/23, Effective 1/1/24 | 8/1/24 — Added hyperlink to Guide to Terms definition for attorney of record. |
6.8.5 Privacy | 10/6/23, Effective 1/1/24 | Not applicable. |
6.8.6 Notifications of Concern | 10/6/23, Effective 1/1/24 | 8/1/24 — Added hyperlinks to Guide to Terms definitions for Notification of Concern, sexual abuse, abandonment, neglect, sexual harassment, Prevention of Child Abuse and Neglect (PCAN) Team, FFS. Updated Prevention of Sexual Abuse Coordinator (PSAC) to Prevention of Child Abuse and Neglect (PCAN) Team. 01/13/25 — Revised for clarity and added guidance on fraud. |
6.8.7 Case Closures | 10/6/23, Effective 1/1/24 | 01/13/25 — Replaced ORR Case Closure form with PRS Report form. |
6.9 ORR Monitoring | 10/6/23, Effective 1/1/24 | 01/13/25 — Added reference to Foundational Rule and that PRS providers are subject to monitoring and reporting requirements, and remedies for noncompliance applicable to HHS grant recipients and contractors. |
6.9.1 Monitoring Activities | 10/6/23, Effective 1/1/24 | 8/1/24 — Added hyperlinks to Guide to Terms definitions for ORR/Project Officer (PO) and corrective actions and reference to Division of Grants Management staff. 01/13/25 — Updated with guidance on in-person visits. |
6.9.2 Follow Up and Corrective Actions | 10/6/23, Effective 1/1/24 | 01/13/25 — Replaced reference to 45 CFR part 75 with statement that PRS providers are subject to remedies for noncompliance applicable to HHS grant recipients and contractors. |
6.9.3 Sub-Contract Monitoring | 10/6/23, Effective 1/1/24 | 01/13/25 — Clarified frequency and nature of visits and added that PRS providers are also responsible for monitoring any sub-contracts consistent with any requirements applicable to HHS grant recipients and contractors. |
6.9.4 PRS provider Internal Program Monitoring, Evaluation, and Quality Assurance | 10/6/23, Effective 1/1/24 | 01/13/25 — Revised for clarity and added regular review and update of resources list. |
Section 7: Policies for Influx Care Facilities | 9/18/19 | Not applicable. |
Preamble | 9/18/19 | 8/1/24 — Updated to reflect the most applicable legal authorities, including Appropriations Acts and the UC Foundational Rule. |
7.1 Overview | 9/18/19 | 8/1/24 — Added definitions for “Emergency” and “Influx” and “Emergency or influx facility (EIF).” Clarified that an ICF is a type of EIF, consistent with UC Foundational Rule. |
7.2 Placement into Influx Care Facilities | 9/18/19 | 8/1/24 — Added that ORR maintains a list of unaccompanied children affected by the emergency or influx, consistent with UC Foundational Rule. |
7.2.1 Criteria for Placement | 9/18/19 | 8/1/24 — Updated placement criteria to reference disability or other known medical issue as inappropriate for EIF placement. Further revisions made for clarity. Revisions consistent with UC Foundational Rule. |
7.2.2 Operational Capacity | 9/18/19 | 8/1/24 — Updated the terminology to reflect UC Foundational Rule, including removal of “UAC” and “alien” replacing with unaccompanied child. |
7.3 Transfers to Influx Care Facilities during an Influx | 9/18/19 | 8/1/24 — Updated the terminology to reflect UC Foundational Rule, including removal of “UAC” and “alien” replacing with unaccompanied child. |
7.4 Influx Care Facility Admissions and Orientation | 9/18/19 | 8/1/24 — Updated the terminology to reflect UC Foundational Rule, including removal of “UAC” and “alien” replacing with unaccompanied child. Removed redundant requirements for clarity. |
7.5 Influx Care Facility Minimum Services | 9/18/19 | 8/1/24 — Changed section title to “Influx Care Facility Minimum Services” Transferred some requirements to previously listed in Section 7.5.1 to Section 7.5 Clarified that these requirements apply to all emergency or influx facilities (EIFs), consistent with UC Foundational Rule. |
7.5.1 Influx Care Facility Service Standards | 9/18/19 | 8/1/24 — Changed section title to “Influx Care Facility Service Standards.” Transferred some requirements previously listed in 7.5.1 to 7.5 Added new requirements informed by UC Foundational Rule. Clarified that these requirements apply to all emergency or influx facilities (EIFs). |
7.5.2 Influx Care Facility Medical Service | 9/18/19 | Not applicable. |
7.6 Temporary Waivers for Influx Care Facilities | 9/18/19 | 8/1/24 — Clarified that waivers can be considered for items listed in Sections 7.5 and 7.7; and that waivers can never be considered for items listed in Section 7.5.1, consistent with UC Foundational Rule. Added criteria regarding waivers. |
7.6.1 Notifications to Congress of Waivers | 9/18/19 | Not applicable. |
7.7 Influx Care Facility Staffing Levels | 9/18/19 | 4/14/22 — Clarification was added for ICF to follow case manager staffing ratio of one (1) case manager to every eight (8) children; appropriations citations were added; and the FY2016 waiver language in footnote was removed. |
7.8 Influx Care Facility Federal Staffing Plan | 9/18/19 | 8/1/24 — Clarified that the Federal Staffing Plan applies to federally funded, leased or owned property, consistent with UC Foundational Rule. |
7.9 Requests to Visit Influx Care Facilities | 9/18/19 | Not applicable. |
7.10 Influx Care Facility Monitoring | 9/18/19 | Not applicable. |
7.11 Agreements with Federal, State, and/or Local Security Providers | 9/18/19 | Not applicable. |